BILL ANALYSIS C.S.S.B. 1542 By: Turner State Affairs 4-12-95 Committee Report (Substituted) BACKGROUND Current law requires the Board of Private Investigators (board) to revoke or suspend the license of a security officer or to deny the application of an individual who has violated the provisions of the board's licensing act, committed a felony or misdemeanor involving moral turpitude, engaged in fraud, or provided false information on a board application. Before such a suspension or revocation can take place, however, the board must hold a hearing and comply with the Administrative Procedure Act. The board believes that the hearing and appeal process required imposes a burden on the board and hampers its ability to quickly respond to cases which warrant immediate revocation or suspension. These administrative requirements have also caused a large backlog of cases. PURPOSE As proposed, C.S.S.B. 1542 requires the Texas Board of Private Investigators and Private Security Agencies to summarily suspend a security officer registration or commission or summarily deny an application submitted to the board under certain circumstances; provides a criminal penalty. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 11B, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act) as follows: Sec. 11B. New heading: REVOCATION, SUSPENSION, AND SUMMARY SUSPENSION. (a) Makes no changes. (b)-(c) Require the Texas Board of Private Investigators and Private Security Agencies (board) to suspend a registration or security officer commission issued to an individual or deny the application for registration or commission on receiving notification from the Department of Public Safety (department) or any other law enforcement agency that the individual has been arrested for or charged with a misdemeanor involving moral turpitude or a felony. Deletes existing Subsection (b) entitling a person to a hearing before suspension or revocation of a registration or license. (d) Sets forth circumstances under which a person is considered to be convicted of a misdemeanor involving moral turpitude or felony if a court of competent jurisdiction enters a judgment against the person. (e) Provides that the dismissal of a complaint, information, or indictment or an acquittal releases the individual from any summary suspension of a registration or commission or automatic grounds for summary denial of an application. (f) Provides that proceedings for the summary suspension of a registration or security officer commission or summary denial of an application are governed by Section 11D. Makes conforming changes. (g) Redesignates existing Subsection (e). SECTION 2. Amends Article 4413(29bb), V.T.C.S., by adding Section 11D, as follows: Sec. 11D. SUMMARY SUSPENSION OR DENIAL REVIEW. (a) Authorizes the board to summarily suspend a registration or security officer commission or summarily deny an application under Section 11B (summary suspension or denial) if proceedings for a preliminary hearing before the board are initiated simultaneously with the summary suspension or denial. Requires the hearing to be set within a certain time period, unless the parties agree to a later date. (b) Requires the individual whose registration, commission, or application was summarily suspended or denied to show cause why the registration or commission should not remain summarily denied pending a final hearing. (c) Authorizes a final hearing to be scheduled after the final resolution of the matters resulting in the summary suspension or denial. Provides that Chapter 2001, Government Code, does not apply to the board in the administration and enforcement of the summary suspension or denial. Provides that the rules governing a hearing on any other suspension or denial govern a final administrative hearing. (d) Requires the board to serve notice to the individual of the right to a preliminary hearing before the board and of the time and place of the preliminary hearing to initiate a proceeding to summarily suspend or deny a registration, commission, or application. Sets forth requirements for the sending and content of the notice. Provides that the suspension is effective at the time notice is served. Requires the individual to immediately surrender to the board the registration, commission, pocket card, or other identification issued by the board (identification documents) if notice is served in person. Requires the individual to immediately return the identification documents to the board if notice is served by mail. SECTION 3. Amends Section 44, Article 4413(29bb), V.T.C.S., to provide that a person who does not surrender or immediately return to the board the person's identification documents on notification of a summary suspension or denial commits a Class A misdemeanor. SECTION 4. Effective date: upon passage, except that Section 3 takes effect September 1, 1995. SECTION 5. Emergency clause.