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.