BILL ANALYSIS
C.S.S.B. 1542
By: Turner (Allen)
05-10-95
Committee Report (Substituted)
BACKGROUND
The private security 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
S.B. 1542 amends several sections of Article 4413 (29bb) to change,
add to and clarify the law. It also amends Sections 46.02 and
46.03 of the Penal Code to conform to the rest of the bill.
Specifically, it changes and adds definitions clarifying the scope
of the board's 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. The bill provides for training
of private investigators, provides for the denial or suspension of
a license for individuals that have been arrested for certain
crimes and provides for the licensing of personal protection
officers.
RULEMAKING AUTHORITY
It is the opinion of the committee that Sections 6, 7, and 20
delegate rulemaking authority to the Texas Board of Private
Investigators and Private Security Agencies.
SECTION BY SECTION ANALYSIS
SECTION 1. Provides new or revised definitions of an
"investigations company", "guard company", "alarm systems company",
"alarm system monitor", "detection device", "personal protection
authorization", "personal protection officer", "animal cruelty
investigator", and "animal cruelty investigator certification".
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. Also limits the
exemption for engineers to forensic engineers.
SECTION 3. Substitutes the term "detection devices" for "burglar
alarm" and provides that applicants for seller's certificates will
no longer need to submit two photographs to the board.
SECTION 4. Provides for the revocation or suspension of licenses
of persons who commit fraud, deceit or theft.
SECTION 5. Provides for continuing education programs for private
investigators.
SECTION 6. 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 7. Restricts those people who have been convicted of
cruelty to animals from certification as animal cruelty
investigators and amends the Act by adding Section 14C to the
Private Investigators and Private Security Agencies Act. Section
14C states the requirements of a certification applicant.
SECTION 8. Provides that applicants under the Act no longer have
to provide two photographs.
SECTION 9. 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 and for a personal
protection authorization.
SECTION 10. 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 11. Makes an exception to who a licensee or agent of a
licensee may divulge information about a criminal offense and when
a governmental body may divulge information about alarm systems.
The exception is state law or a court order.
SECTION 12. Provides that licensees must maintain on file at their
place of business two photographs of their applicants, registrants,
commissioned officers and employees.
SECTION 13. Deletes the requirement that applicants for
registration under this section must provide two photographs to the
board.
SECTION 14. Article 4413(29bb) V.A.C.S. is amended by adding
Section 39A which (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 15. Provides for an enhanced penalty to a third degree
felony in the event of a second conviction for unlicensed operators
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 16. 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 17. Amends Section 46.03(d), Penal Code, to provide a
defense to prosecution for a person who holds a personal protection
authorization.
SECTION 18. The effective date of the act is September 1, 1995
except Section 10 which is effective March 1, 1996.
SECTION 19. Provides for the time that the enhanced penalty is to
take effect.
SECTION 20. Required the board to adopt rules pursuant to the act
not later than March 1, 1996.
SECTION 21. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Section 1 of the substitute is added to the substitute to amend and
add definition under the Act.
Section 2 is added to the substitute to specify exemptions under
the Act.
Section 3 is added to the substitute to refer to detection devices
instead of burglar alarms and to eliminate the need for certain
applicants to provide photographs.
Section 4 is added to the substitute to clarify circumstances where
certain regulated individuals could have their registrations
revoked or suspended.
Section 5 is added to the substitute to require continuing
education for private investigators.
Section 6 is added to the substitute to provide for personal
protection officers.
Section 7 is added to the substitute in order to restrict security
agents who have, in the past, been convicted of cruelty to an
animal and 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 8 is added to the substitute to eliminate the need for
licensees to provide photographs to the board.
Section 9 is added to the substitute so that the Board may charge
licensing fees for animal cruelty investigators and personal
protection officers.
Section 10 is added to the substitute to restrict when a personal
protection officer may carry a firearm.
Section 11 is added to the substitute to provide for certain
information to be divulged only when required by state law or court
order.
Section 12 is added to the substitute to require licensees to
maintain photographs of those working for them in their files.
Section 13 is added to the substitute to eliminate the need for
registrants to provide photographs to the board.
Section 14 is added to the substitute to permit the denial,
suspension or revocation of licenses based on criminal background
checks or certain arrests. This section takes the place of SECTION
1, 2, and 3 of the original bill.
Section 15 is added to the substitute to provide for an enhancement
to a third degree felony upon the second conviction for not having
a required license and provides for an offense for contracting with
or hiring an unlicensed person.
Section 16 and 17 are added to the substitute to conform defenses
under the penal code with the personal protection officer
provisions of the substitute.
Section 18 of the substitute adds that Section 10 takes effect
March 1, 1996.
Section 19 of the substitute provides for the time that the
punishment under the bill takes effect.
Section 20 of the substitute provides for the time that rules are
to be adopted pursuant to the bill.
SUMMARY OF COMMITTEE ACTION
S.B. 1542 was considered by the Committee on Public Safety in a
formal meeting on May 8, 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 and be sent to the
Committee on Local and Consent Calendars, by a record vote of 9
ayes, 0 nays, 0 pnv, 0 absent.