BILL ANALYSIS C.S.H.B. 1448 By: Carter 05-02-95 Committee Report (Substituted) BACKGROUND The field of personal protection is a new and fast growing segment of the Security Industry. It is presently being used by many major domestic corporations, international corporations, prominent public individuals, entertainers and politicians. In most instances these individuals prefer to use non-uniform security personnel with concealed weapons. Uniformed security in such a capacity draws too much attention to the individual(s) being protected. Presently, most of this type of work is performed by off-duty law enforcement personnel. In many instances, persons performing such personal protection duties do so by carrying concealed weapons illegally. A recent survey by the Texas Board of Private Investigators and Private Security Agencies showed that 8 out of 9 states that were contacted had some type of personal protection laws in place. PURPOSE To include persons engaged in the business of protecting individuals from bodily harm within the scope of the Texas Board of Private Investigators and Private Security Agencies Act. RULEMAKING AUTHORITY It is the committee's opinion that SECTION 2 and SECTION 3 of H.B. 1448 delegates rulemaking authority to the Board of Private Investigators and Private Security Agencies. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2, Private Investigators and Private Security Agencies Act (Article 4413(29bb)), by adding Subdivisions (3)(B) to include persons engaged in the business of personal protection in the definition of "Investigations company;" adding Subdivision (4)(e) to include persons engaged in the business of personal protection in the definition of "Guard company;" adding Subdivision (34) to define "Personal protection authorization;" and adding Subdivision (35) to define "Personal protection officer." SECTION 2. Amends Section 14, Private Investigators and Private Security Agencies Act (Article 4413(29bb)), by adding Subsections (d) to set forth the process to be followed by an applicant for personal protection authorization, and by adding Subsection (e) to provide that the time period for personal protection authorization runs concurrently with the security officer commission under which the authorization is issued. Subsection (f) directs the Board to establish a 15 hour course in non-lethal training. The training is in addition to the required basic security course. Subsection (g) requires an applicant to undergo psychological testing. SECTION 3. Amends Section 17(a), Private Investigators and Private Security Agencies Act (Article 4413(29bb)), by providing that the fees established by the Texas Board of Private Investigators and Private Security Agencies associated with personal protection authorization applications shall not exceed $50.00. SECTION 4. Amends Section 19(a), Private Investigators and Private Security Agencies Act (Article 4413(29bb)), by adding Subdivision (4) to set forth the circumstances under which a personal protection officer may carry a concealed firearm. SECTION 5 Amends Section 46.02(b), Penal Code, to provide a defense to prosecution for a person who holds a personal protection authorization and who is providing personal protection. SECTION 6 Amends Section 46.03(d), Penal Code, to provide a defense to prosecution for a person who holds a personal protection authorization. SECTION 7 Effective Date SECTION 8 Emergency Clause COMPARISON OF ORIGINAL TO SUBSTITUTE The Substitute: Requires personal protection officers to complete 15 hours of training in non-lethal self- defense or defense of a third person, in addition to, the standard training for security officers. Requires personal protection officers to undergo psychological testing Amends Section 46.02(b), Penal Code, Unlawful Carrying of Weapons, to provide a defense to prosecution for carrying a weapon if the person is licensed by the Board of Private Investigators and Private Security Agencies as a personal protection officer. Amends Section 46.03(d), Penal Code, Places Where Weapons Prohibited, to provide a defense to prosecution for carrying a weapon into a prohibited place if the person is licensed by the Board of Private Investigators and Private Security Agencies as a personal protection officer. SUMMARY OF COMMITTEE ACTION HB 1448 was considered by the committee in a public hearing on April 4, 1995. The follwing persons testified for the bill: John Chisum, representing the Texas Association of Licensed Investigators; Bob Antczak, representing Associated Security Services & Investigators of the State of Texas; Robert Contreras, representing himself. The following person testified on the bill: Clema Sanders, representing the Texas Board of Private Investigators. The bill was left pending. HB 1448 was considered by the committee in a formal meeting on April 25, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The bill was reported favorably as substituted with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.