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.