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.