BILL ANALYSIS



C.S.H.B. 2910
By: Allen
04-26-95
Committee Report (Substituted)


BACKGROUND

Currently, the Texas Board of Private Investigators and Private
Security Agencies is not allowed access to the criminal history
record of a licensed private investigator. The board is also not
allowed access to the wanted persons status of an applicant or
holder of a license.  Because of this, an escaped convict from
Louisiana was able to obtain a private investigator license.

PURPOSE

H.B. 2910 proposes to allow the Texas Board of Private
Investigators the means by which it can be more discriminating in
deciding who is awarded a license by its jurisdiction.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Article 4413(29bb) V.A.C.S. is amended by adding
Section 39A to read:
Section 39A (a) allows the Board to obtain the criminal history
records of its applicants or licensees.  The Board is required to
deny any applicant if two complete sets of fingerprints and the
required fees are not provided.
     (b) requires the Board to suspend the license, registration,
security officer commission, letter of approval, or permit issued
if any law enforcement agency notifies the Board that the applicant
has been arrested or charged with a felony or misdemeanor crime
involving moral turpitude.
     (c) requires the Board to deny the application for a license,
registration, security officer commission, letter of approval, or
permit of anyone reported to have been arrested or charged with a
felony or a misdemeanor crime involving moral turpitude.
     (d) requires the Board to consider all licenses, security
officer commissions, registrations, letters of approval or permits
provisional until it receives concurrence from the Texas Department
of Public Safety.  The Board must revoke all licenses, security
office commissions, registrations, letters of approval or permits
if notice is received that the individual has a criminal record.

SECTION 2.  Effective date: September 1, 1995.

SECTION 3.  This act is not retroactive.  An arrest that occurs
before the effective date of this Act is governed by the Private
Investigators and Private Security Agencies Act.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill amended Section 411, Government Code.  The
substitute accomplishes the intent of the original bill, but does
so by amending the Private Investigators and Private Security
Agencies Act (Article 4413(29bb), V.T.C.S.).  The substitute is
clear regarding the purpose for which criminal history information
may be obtained.


SUMMARY OF COMMITTEE ACTION

HB 2910 was considered by the committee in a public hearing on
March 28, 1995.
The following people testified against HB 2910: Robert Anzak,
representing the Associated Security Services & Investigators of
Texas.
The following people testified on HB 2910: Bob Leonard,
representing the Texas Burglar and Fire Alarm Association; Ben
Kyser, representing the DPS fingerprint & records bureau; Paula
Logan, representing the Texas Department of Public Safety; Clema
Sanders, representing the Texas Board of Private Investigators; Ken
Nicolas, representing the Texas Board of Private Investigators. 
The bill was referred to a subcommittee consisting of
Representatives Allen, Luna, and Madden.
HB 2910 was recalled from subcommittee by the chairman and
considered by the committee in a public hearing on April 11, 1995. 
A substitute was considered by the committee.  The substitute was
adopted without objection.  The following person testified on the
bill:  Ken Nicolas, representing the Texas Board of Private
Investigators and Private Security Agencies.  The bill was reported
favorably as substituted with the recommendation that it do pass
and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, and 3
absent.