BILL ANALYSIS



C.S.H.B. 2958
By: Carter
04-20-95
Committee Report (Substituted)


BACKGROUND

The burglar alarm industry in Texas is regulated by the Texas Board
of Private Investigators and Security Agencies under Article 4413
(29bb).  This article sets licensing, training, enforcement
standards by virtue of rules adopted by the board and
administrative actions taken by the board.

PURPOSE

H.B. 2958 amends several sections of Article 4413 (29bb) to change,
add to and clarify the law.  Specifically, it changes and adds
definitions clarifying the scope of the boards authority, amends
the exemptions of regulation to ensure that the intent of the law
is followed relative to who is regulated by the board, clarifies
language concerning detection devices, allows revocation or
suspension of licenses after proof of fraud, deceit or theft, and
provides for certification of animal cruelty investigators.  The
bill also enhances a second offense under the act to a third degree
felony and prohibits a regulated person from contracting with or
employing a person that is required to be regulated but fails to do
so.

RULEMAKING AUTHORITY

It is the opinion of the committee that Section 12 delegates
rulemaking authority to the Texas Board of Private Investigators
and Private Security Agencies.

SECTION BY SECTION ANALYSIS

SECTION 1.  Provides new or clarified definitions of an
investigations company, alarm systems company, alarm systems
monitor, detection devices, and animal cruelty investigator.

SECTION 2.  Provides that the current exemption from licensing for
automobile burglar alarm dealers only applies to persons that do
not perform any other act that requires a license.

SECTION 3.  Substitutes the term "detection devices" for "burglar
alarm".

SECTION 4.  Provides for the revocation or suspension of persons
who commit fraud, deceit or theft.

SECTION 5.  Restricts those people who have been convicted of
cruelty to animals from certification as animal cruelty
investigators.

SECTION 6.  Amends by adding Section 14C to the Private
Investigators and Private Security Agencies Act. Section 14C states
the requirements of a certification applicant.

SECTION 7.  Amends by adding a cap of $50 to the fee that the
Private Investigators and Private Security Agency may charge for an
animal cruelty investigator certificate.

SECTION 8.  Makes an exception to who a licensee or agent of a
licensee may divulge information of a criminal offense.  The
exception being state law or a court order.

SECTION 9.  Provides for an enhanced penalty to a third degree
felony in the event of a second conviction and prohibits a
regulated person from contracting with or employing a person who is
required to be regulated but has failed to do so.


SECTION 10.  The effective date of the act is September 1, 1995.

SECTION 11.  Provides for the time that the enhanced penalty is to
take effect.

SECTION 12.  Required the board to adopt rules pursuant to the act
not later than March 1, 1996.

SECTION 13.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Section 1 of the substitute is changed by adding the definition of
"animal cruelty investigator."  
Section 5 is added to the substitute in order to restrict security
agents who have, in the past, been convicted of cruelty to an
animal.

Section 6 is added to the substitute.  Legislative authority is
added for the Board to certify and approve the training for animal
cruelty investigators.  The Board does approve training now under
other provisions and this language clarifies its authority to do
so.

Section 7 is added to the substitute so that the Board may charge
licensing fees.

SUMMARY OF COMMITTEE ACTION

H.B. 2958 was considered by the Committee on Public Safety in a
public hearing on March 28, 1995.  The committee considered a
complete substitute for the bill.  The substitute was adopted
without objection.

The following person testified for the bill:
     Forrest Jenkins, representing the Texas Burglar and Fire Alarm
Association.
     Clema D. Sanders 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
5 ayes, 0 nays, 0 pnv, 4 absent.