By Oakley                                              H.B. No. 713
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of private investigators and private
    1-3  security agencies; creating a criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 11(d), Private Investigators and Private
    1-6  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
    1-7  Statutes), is amended to read as follows:
    1-8        (d)  The board shall <may> recognize, prepare, or administer
    1-9  continuing education programs for persons regulated by the board
   1-10  under this Act.  The board shall set the minimum number of hours,
   1-11  not to exceed five hours, that must be completed and the types of
   1-12  programs that may be offered for persons regulated by the board.  A
   1-13  person regulated by the board shall submit evidence of compliance
   1-14  with the board's continuing education requirements in a manner
   1-15  prescribed by the board.  <Participation in the programs is
   1-16  voluntary.>
   1-17        SECTION 2.  Sections 14(b) and (c), Private Investigators and
   1-18  Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
   1-19  Civil Statutes), are amended to read as follows:
   1-20        (b)  An applicant who applies for a license to engage in the
   1-21  business of an investigations company or his manager shall have
   1-22  three (3) years consecutive experience prior to the date of said
   1-23  application in the investigative field, as an employee, manager, or
   1-24  owner of an investigations company, or have one year of experience
    2-1  and have successfully completed a training program approved by the
    2-2  board, or other requirements as shall be set by the board.  <The
    2-3  experience of the applicant must be reviewed by the board or by the
    2-4  director, and determined to be adequate to qualify the applicant to
    2-5  engage in the business of an investigations company.>
    2-6        (c)  An applicant who applies for a license to engage in the
    2-7  business of a security services contractor or his manager shall
    2-8  have two (2) consecutive years experience prior to the date of said
    2-9  application in each security services field for which he applies,
   2-10  as an employee, manager, or owner of a security services
   2-11  contractor, or have one year of experience and have successfully
   2-12  completed a training program approved by the board, or other
   2-13  requirements as shall be set by the board.  The experience of the
   2-14  applicant must have been obtained legally and must be reviewed by
   2-15  the board or by the director and determined to be adequate to
   2-16  qualify the applicant to engage in the business of a security
   2-17  services contractor.
   2-18        SECTION 3.  Section 44, Private Investigators and Private
   2-19  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
   2-20  Statutes), is amended by amending Subsection (c) and adding
   2-21  Subsection (f) to read as follows:
   2-22        (c)  Any person who violates any provision of this Act for
   2-23  which a specific penalty is not prescribed commits an offense.  An
   2-24  offense under this subsection is a Class A misdemeanor.  If it is
   2-25  shown at the trial of an offense under this subsection that the
   2-26  defendant has been previously convicted of an offense under this
   2-27  subsection, the offense is a felony of the third degree.
    3-1        (f)  A person commits an offense if the person knowingly
    3-2  hires, contracts with, or employs a person who is required to hold
    3-3  a registration, certificate, license, or commission under this Act
    3-4  but does not hold the required registration, certificate, license,
    3-5  or commission or who otherwise, at the time of hire, contract, or
    3-6  employment, is in violation of this Act.  An offense under this
    3-7  subsection is a Class A misdemeanor.
    3-8        SECTION 4.  This Act takes effect September 1, 1995.
    3-9        SECTION 5.  (a)  The change in law made by this Act applies
   3-10  only to the punishment of an offense committed on or after the
   3-11  effective date of this Act.  For purposes of this section, an
   3-12  offense is committed before the effective date of this Act if any
   3-13  element of the offense occurs before the effective date.
   3-14        (b)  An offense committed before the effective date of this
   3-15  Act is covered by the law in effect when the offense was committed,
   3-16  and the former law is continued in effect for that purpose.
   3-17        SECTION 6.  The Texas Board of Private Investigators and
   3-18  Private Security Agencies shall adopt rules relating to required
   3-19  continuing education programs not later than March 1, 1996.
   3-20        SECTION 7.  The importance of this legislation and the
   3-21  crowded condition of the calendars in both houses create an
   3-22  emergency and an imperative public necessity that the
   3-23  constitutional rule requiring bills to be read on three several
   3-24  days in each house be suspended, and this rule is hereby suspended.