H.B. No. 713
1-1 AN ACT
1-2 relating to the regulation of private investigators and private
1-3 security agencies; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Private Investigators and Private
1-6 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-7 Statutes), is amended by amending Subdivisions (3), (4), (5), and
1-8 (31) and adding Subdivisions (33), (34), (35), and (36) to read as
1-9 follows:
1-10 (3) "Investigations company" means:
1-11 (A) any person who engages in the business or
1-12 accepts employment to obtain or furnish information with reference
1-13 to:
1-14 (i) <(a)> a crime or wrongs done or
1-15 threatened against the United States of America or any state or
1-16 territory of the United States of America;
1-17 (ii) <(b)> the identity, habits, conduct,
1-18 business, occupation, honesty, integrity, credibility, knowledge,
1-19 trustworthiness, efficiency, loyalty, activity, movement,
1-20 whereabouts, affiliations, associations, transactions, acts,
1-21 reputation, or character of any person;
1-22 (iii) <(c)> the location, disposition, or
1-23 recovery of lost or stolen property;
1-24 (iv) <(d)> the cause or responsibility for
2-1 fires, libels, losses, accidents, damages, or injuries to persons
2-2 or to property; <or>
2-3 (v) <(e)> the securing of evidence to be
2-4 used before any court, board, officer, or investigating committee;
2-5 or
2-6 (vi) the electronic tracking of the
2-7 location of any individual or motor vehicle other than for criminal
2-8 justice purposes by or on behalf of a governmental entity; or
2-9 (B) any person who engages in the business of or
2-10 accepts employment to protect one or more individuals from bodily
2-11 harm through the use of a personal protection officer.
2-12 (4) "Guard company" means any person engaging in the
2-13 business of or undertaking to provide a private watchman, guard, or
2-14 street patrol service on a contractual basis for another person and
2-15 performing any one or more of the following or similar functions:
2-16 (a) prevention of intrusion, entry, larceny,
2-17 vandalism, abuse, fire, or trespass on private property;
2-18 (b) prevention, observation, or detection of any
2-19 unauthorized activity on private property;
2-20 (c) control, regulation, or direction of the
2-21 flow or movements of the public, whether by vehicle or otherwise,
2-22 only to the extent and for the time directly and specifically
2-23 required to assure the protection of property; <or>
2-24 (d) protection of individuals from bodily harm;
2-25 or
2-26 (e) protection of one or more individuals from
2-27 bodily harm through the use of a personal protection officer.
3-1 (5) "Alarm systems company" means any person that
3-2 sells, installs, services, monitors, or responds to burglar alarm
3-3 signal devices, detection devices, burglar alarms, robbery alarms,
3-4 television cameras, still cameras, or any other electrical,
3-5 mechanical, or electronic device used:
3-6 (A) to prevent or detect burglary, theft,
3-7 robbery, shoplifting, pilferage, shrinkage, or other losses of that
3-8 type;
3-9 (B) to prevent or detect intrusion; or
3-10 (C) primarily to detect or summon aid for other
3-11 emergencies.
3-12 (31) "Alarm systems monitor" means an individual who
3-13 monitors burglar alarm signal devices, detection devices, burglar
3-14 alarms, robbery alarms, television cameras, still cameras, or any
3-15 other electrical, mechanical, or electronic device used to prevent
3-16 or detect burglary, theft, shoplifting, pilferage, shrinkage, or
3-17 similar losses, used to prevent or detect intrusion, or used
3-18 primarily to summon aid for other emergencies. The term does not
3-19 include a person employed exclusively and regularly by an employer
3-20 other than a licensee in connection with the affairs of that
3-21 employer, and with whom the person has an employee-employer
3-22 relationship.
3-23 (33) "Detection device" means an electronic device
3-24 used as a part of a burglar or holdup alarm including any control,
3-25 communications, motion detector, door or window switch, sound
3-26 detector, vibration detector, light beam, pressure mat, wiring, or
3-27 similar device; or any electronic device used to limit access by
4-1 persons into building structures or gate compounds, including any
4-2 control, communications, motion detector, door or window switch,
4-3 card or proximity readers, push-button keypad entry, gate entry
4-4 device, door exit buttons, or similar device.
4-5 (34) "Personal protection authorization" means an
4-6 authorization granted by the board to an individual who:
4-7 (A) meets the requirements of Section 14(d) of
4-8 this Act; and
4-9 (B) has been issued a security officer
4-10 commission to carry a concealed firearm.
4-11 (35) "Personal protection officer" means an individual
4-12 who provides personal protection from bodily harm to one or more
4-13 individuals under a security officer commission and a personal
4-14 protection officer authorization issued by the board.
4-15 (36) "Peace officer" has the meaning assigned by
4-16 Article 2.12, Code of Criminal Procedure.
4-17 SECTION 2. Section 3(a), Private Investigators and Private
4-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
4-19 Statutes), is amended to read as follows:
4-20 (a) This Act does not apply to:
4-21 (1) a person employed exclusively and regularly by one
4-22 employer in connection with the affairs of an employer only and
4-23 where there exists an employer-employee relationship; provided,
4-24 however, any person who shall carry a firearm in the course of his
4-25 employment shall be required to obtain a private security officer
4-26 commission under the provisions of this Act;
4-27 (2) except as provided by Subsection (d) of this
5-1 Section, an officer or employee of the United States of America, or
5-2 of this State or political subdivision of either, while the
5-3 employee or officer is engaged in the performance of official
5-4 duties;
5-5 (3) a person who has full-time employment as a peace
5-6 officer <as defined by Article 2.12, Code of Criminal Procedure>,
5-7 who receives compensation for private employment on an individual
5-8 or an independent contractor basis as a patrolman, guard, or
5-9 watchman if the officer <such person is>:
5-10 (A) is employed in an employee-employer
5-11 relationship<;> or
5-12 <(B)> employed on an individual contractual
5-13 basis;
5-14 (B) is <(C)> not in the employ of another peace
5-15 officer; <and>
5-16 (C) is <(D)> not a reserve peace officer; and
5-17 (D) works as a peace officer on the average of
5-18 at least 32 hours a week, is compensated by the state or a
5-19 political subdivision of the state at the rate of the minimum wage
5-20 or higher, and is entitled to all employee benefits offered to a
5-21 peace officer by the state or political subdivision;
5-22 (4) a person engaged exclusively in the business of
5-23 obtaining and furnishing information for purposes of credit
5-24 worthiness or collecting debts or ascertaining the financial
5-25 responsibility of applicants for property insurance and for
5-26 indemnity or surety bonds, with respect to persons, firms, and
5-27 corporations;
6-1 (5) an attorney-at-law in performing his duties;
6-2 (6) admitted insurers, insurance adjusters, agents,
6-3 and insurance brokers licensed by the State, performing duties in
6-4 connection with insurance transacted by them;
6-5 (7) a person who engages exclusively in the business
6-6 of repossessing property that is secured by a mortgage or other
6-7 security interest;
6-8 (8) a locksmith who does not install or service
6-9 detection devices, does not conduct investigations, and is not a
6-10 security service contractor;
6-11 (9) a person who owns and installs burglar detection
6-12 or alarm devices on his own property or, if he does not charge for
6-13 the device or its installation, installs it for the protection of
6-14 his personal property located on another's property, and does not
6-15 install the devices as a normal business practice on the property
6-16 of another;
6-17 (10) an employee of a cattle association who is
6-18 engaged in inspection of brands of livestock under the authority
6-19 granted to that cattle association by the Packers and Stockyards
6-20 Division of the United States Department of Agriculture;
6-21 (11) the provisions of this Act shall not apply to
6-22 common carriers by rail engaged in interstate commerce and
6-23 regulated by state and federal authorities and transporting
6-24 commodities essential to the national defense and to the general
6-25 welfare and safety of the community;
6-26 (12) a registered professional engineer practicing in
6-27 accordance with the provisions of the Texas Engineering Practice
7-1 Act that does not install or service detection devices, does not
7-2 conduct nonengineering investigations, is performing forensic
7-3 engineering studies, and is not a security services contractor;
7-4 (13) a person whose sale of burglar alarm signal
7-5 devices, burglary alarms, television cameras, still cameras, or
7-6 other electrical, mechanical, or electronic devices used for
7-7 preventing or detecting burglary, theft, shoplifting, pilferage, or
7-8 other losses is exclusively over-the-counter or by mail order;
7-9 (14) a person who holds a license or other form of
7-10 permission issued by an incorporated city or town to practice as an
7-11 electrician and who installs fire or smoke detectors in no building
7-12 other than a single family or multifamily residence;
7-13 (15) a person or organization in the business of
7-14 building construction that installs electrical wiring and devices
7-15 that may include in part the installation of a burglar alarm or
7-16 detection device if:
7-17 (A) the person or organization is a party to a
7-18 contract that provides that the installation will be performed
7-19 under the direct supervision of and inspected and certified by a
7-20 person or organization licensed to install and certify such an
7-21 alarm or detection device and that the licensee assumes full
7-22 responsibility for the installation of the alarm or detection
7-23 device; and
7-24 (B) the person or organization does not service
7-25 or maintain burglar alarms or detection devices;
7-26 (16) a reserve peace officer while the reserve officer
7-27 is performing guard, patrolman, or watchman duties for a county and
8-1 is being compensated solely by that county;
8-2 (17) response to a burglar alarm or detection device
8-3 by a law enforcement agency or by a law enforcement officer acting
8-4 in an official capacity;
8-5 (18) a person who, by education, experience, or
8-6 background has specialized expertise or knowledge such as that
8-7 which would qualify or tend to qualify such person as an expert
8-8 witness, authorized to render opinions in proceedings conducted in
8-9 a court, administrative agency, or governing body of this state or
8-10 of the United States, in accordance with applicable rules and
8-11 regulations and who does not perform any other service for which a
8-12 license is required by provisions of this Act;
8-13 (19) an officer, employee, or agent of a common
8-14 carrier, as defined by Section 153(h), Communications Act of 1934
8-15 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
8-16 user of the carrier's long-distance services from a fraudulent,
8-17 unlawful, or abusive use of those long-distance services;
8-18 (20) a person who sells or installs automobile burglar
8-19 alarm devices and that does not perform any other act that requires
8-20 a license under this Act;
8-21 (21) a manufacturer, or a manufacturer's authorized
8-22 distributor, who sells to the holder of a license under this Act
8-23 equipment used in the operations for which the holder is required
8-24 to be licensed;
8-25 (22) a person employed as a noncommissioned security
8-26 officer by a political subdivision of this state;
8-27 (23) a person whose activities are regulated under
9-1 Article 5.43-2, Insurance Code, except to the extent that those
9-2 activities are specifically regulated under this Act;
9-3 (24) a landman performing activities in the course and
9-4 scope of the landman's business;
9-5 (25) a hospital or a wholly owned subsidiary or
9-6 affiliate of a hospital that provides medical alert services for
9-7 persons who are sick or disabled, if the hospital, subsidiary, or
9-8 affiliate is licensed under Chapter 241, Health and Safety Code,
9-9 and the hospital does not perform any other service that requires a
9-10 license under this Act;
9-11 (26) a charitable, nonprofit organization that
9-12 provides medical alert services for persons who are sick or
9-13 disabled, if the organization:
9-14 (A) is exempt from taxation under Section
9-15 501(c)(3), Internal Revenue Code of 1986;
9-16 (B) has its monitoring services provided by a
9-17 licensed person or hospital or a wholly owned subsidiary or
9-18 affiliate of a hospital licensed under Chapter 241, Health and
9-19 Safety Code; and
9-20 (C) does not perform any other service that
9-21 requires a license under this Act;
9-22 (27) a person engaged in the business of electronic
9-23 monitoring of a person as a condition of that person's probation,
9-24 parole, mandatory supervision, or release on bail, if the person
9-25 does not perform any other service that requires a license under
9-26 this Act;
9-27 (28) a nonprofit business or civic organization that:
10-1 (A) employs one or more peace officers meeting
10-2 the qualifications of Subdivision (3) of this subsection as
10-3 patrolmen, guards, or watchmen;
10-4 (B) provides the services of these peace
10-5 officers only to:
10-6 (i) its members; or
10-7 (ii) if the organization does not have
10-8 members, the members of the communities served by the organization
10-9 as described in its articles of incorporation or other
10-10 organizational documents;
10-11 (C) devotes the net receipts from all charges
10-12 for the services exclusively to the cost of providing the services
10-13 or to the costs of other services for the enhancement of the
10-14 security or safety of:
10-15 (i) its members; or
10-16 (ii) if the organization does not have
10-17 members, the members of the communities served by the organization
10-18 as described in its articles of incorporation or other
10-19 organizational documents; and
10-20 (D) does not perform any other service that
10-21 requires a license under this Act;
10-22 (29) a charitable, nonprofit organization that
10-23 maintains a system of records to aid in the location of missing
10-24 children if the organization:
10-25 (A) is exempt from federal taxation under
10-26 Section 501(c)(3), Internal Revenue Code of 1986, and its
10-27 subsequent amendments;
11-1 (B) exclusively provides services related to
11-2 locating missing children; and
11-3 (C) does not perform any other service that
11-4 requires a license under this Act; or
11-5 (30) a person engaged in the business of psychological
11-6 testing or other testing and interviewing services (to include but
11-7 not limited to attitudes, honesty, intelligence, personality, and
11-8 skills) for preemployment purposes, if the person does not perform
11-9 any other service that requires a license under this Act.
11-10 SECTION 3. Sections 3A(a) and (c), Private Investigators and
11-11 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
11-12 Civil Statutes), are amended to read as follows:
11-13 (a) Except as provided by Subsection (c) of this section,
11-14 the provisions of this Act do not apply to a person who sells
11-15 detection devices <burglar alarms> or other devices for preventing
11-16 or detecting burglary in a person's residence if:
11-17 (1) the person does not install, service, or maintain
11-18 detection <the burglar alarms or other> devices;
11-19 (2) the person holds a valid seller's certificate
11-20 issued by the board;
11-21 (3) the person has, as a precedent for obtaining a
11-22 seller's certificate, submitted to the board an application for a
11-23 seller's certificate which shall include the person's full name,
11-24 residence telephone number, date and place of birth, and Social
11-25 Security number<, together with two color photographs taken within
11-26 the past six months that show a facial likeness of the person> and
11-27 two sets of classifiable fingerprints;
12-1 (4) the person has paid to the board a seller's
12-2 certificate fee as established by the board, but not to exceed $25,
12-3 which certificate shall be valid for a period of two years;
12-4 (5) there is filed with the board, either by the
12-5 manufacturer, distributor, or sellers of such devices, a
12-6 certificate evidencing insurance for liability for bodily injury or
12-7 property damage arising from faulty or defective products in an
12-8 amount not less than $1 million combined single limit, provided
12-9 that such policy of insurance need not relate exclusively to
12-10 burglary devices;
12-11 (6) there has been filed with the board, either by the
12-12 manufacturer, distributor, or sellers of such devices, a surety
12-13 bond executed by a surety company authorized to do business in this
12-14 state in the sum of $10,000 in favor of the State of Texas, and any
12-15 customer purchasing such devices in his home who does not receive
12-16 delivery of the devices in accordance with the contract or
12-17 agreement may bring an action against the bond to recover the down
12-18 payment or purchase price actually paid; and
12-19 (7) the person is not employed by a security services
12-20 contractor.
12-21 (c) It shall be unlawful and punishable as provided in
12-22 Section 44 of this Act for any person who holds a current seller's
12-23 certificate to install, service, monitor, or respond to detection
12-24 <burglar alarms or other> devices used to prevent or detect
12-25 burglary or other losses of that type.
12-26 SECTION 4. Section 11B, Subsection (a), Private
12-27 Investigators and Private Security Agencies Act (Article
13-1 4413(29bb), Vernon's Texas Civil Statutes), is amended to read as
13-2 follows:
13-3 (a) The board shall revoke or suspend any registration,
13-4 license, or security officer commission, reprimand any registrant,
13-5 licensee, or commissioned security officer, or deny an application
13-6 for a registration, license, or security officer commission, or
13-7 renewal thereof, or may place on probation a person whose
13-8 registration, license, or security officer commission has been
13-9 suspended, on proof:
13-10 (1) that the applicant, licensee, commissioned
13-11 security officer, or registrant has violated any provisions of this
13-12 Act or of the rules and regulations promulgated under this Act;
13-13 (2) that the applicant, licensee, commissioned
13-14 security officer, or registrant has committed any act resulting in
13-15 conviction of a felony;
13-16 (3) that the applicant, licensee, commissioned
13-17 security officer, or registrant has committed an act after the date
13-18 of application for a registration, license, or security officer
13-19 commission that results in a conviction of a misdemeanor involving
13-20 moral turpitude;
13-21 (4) that the applicant, licensee, commissioned
13-22 security officer, or registrant has practiced fraud, deceit, or
13-23 misrepresentation; <or>
13-24 (5) that the applicant, licensee, commissioned
13-25 security officer, or registrant has made a material misstatement in
13-26 the application for or renewal of the license, registration, or
13-27 security officer commission; or
14-1 (6) that the licensee of the commissioned security
14-2 officer or registrant has submitted to the board sufficient
14-3 evidence that a commissioned security officer or registrant, while
14-4 in the employ of the licensee, practiced fraud or deceit, or
14-5 committed theft while performing work as a commissioned security
14-6 officer or registrant.
14-7 SECTION 5. Section 11(d), Private Investigators and Private
14-8 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
14-9 Statutes), is amended to read as follows:
14-10 (d) The board shall <may> recognize, prepare, or administer
14-11 continuing education programs for private investigators <persons>
14-12 regulated by the board under this Act. The board shall set the
14-13 minimum number of hours that must be completed and the types of
14-14 programs that may be offered for private investigators regulated by
14-15 the board. A private investigator regulated by the board shall
14-16 submit evidence of compliance with the board's continuing education
14-17 requirements in a manner prescribed by the board. <Participation
14-18 in the programs is voluntary.>
14-19 SECTION 6. Section 14, Private Investigators and Private
14-20 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
14-21 Statutes), is amended by adding Subsections (d)-(g) to read as
14-22 follows:
14-23 (d) An applicant for a personal protection authorization:
14-24 (1) shall submit a written application for a personal
14-25 protection authorization on a form prescribed by the board;
14-26 (2) shall submit a current certificate of completion
14-27 of the basic security officer training course;
15-1 (3) shall provide proof that the applicant is
15-2 currently employed by an investigations company or guard company
15-3 licensed by the board;
15-4 (4) may not have been convicted of an offense
15-5 involving assault during the seven years preceding the date of the
15-6 application;
15-7 (5) shall provide proof of completion and the results
15-8 of the Minnesota Multiphasic Personality Inventory psychological
15-9 testing as required by board rule;
15-10 (6) shall provide proof of training in nonlethal
15-11 self-defense or defense of a third person; and
15-12 (7) must be at least 21 years of age.
15-13 (e) A personal protection authorization runs concurrently
15-14 with the dates of issuance and expiration of the security officer
15-15 commission under which the holder's authorization was issued.
15-16 (f) The board shall establish a 15-hour course for a
15-17 personal protection officer consisting of training in nonlethal
15-18 self-defense or the defense of a third person. This training is in
15-19 addition to the required basic security officer training course.
15-20 (g) The board by rule shall require an applicant for a
15-21 personal protection officer authorization to complete the Minnesota
15-22 Multiphasic Personality Inventory test. The board may use the
15-23 results of the test to evaluate the psychological fitness of the
15-24 applicant.
15-25 SECTION 7. Section 15(a), Private Investigators and Private
15-26 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
15-27 Statutes), is amended to read as follows:
16-1 (a) An application for a license under this Act shall be in
16-2 the form prescribed by the board. The application shall include:
16-3 (1) the full name and business address of the
16-4 applicant;
16-5 (2) the name under which the applicant intends to do
16-6 business;
16-7 (3) a statement as to the general nature of the
16-8 business in which the applicant intends to engage;
16-9 (4) a statement as to the classification under which
16-10 the applicant desires to be qualified;
16-11 (5) the full name and residence address of each of its
16-12 partners, officers, and directors, and its manager, if the
16-13 applicant is an entity other than an individual;
16-14 (6) <two recent photographs of a type prescribed by
16-15 the board of the applicant, if the applicant is an individual, or
16-16 of each officer and of each partner or shareholder who owns a 25
16-17 percent or greater interest in the applicant, if the applicant is
16-18 an entity;>
16-19 <(7)> one classifiable set of fingerprints of the
16-20 applicant, if the applicant is an individual, or of each officer
16-21 and of each partner or shareholder who owns 25 percent or greater
16-22 interest in the applicant, if the applicant is an entity;
16-23 (7) <(8)> a verified statement of his experience
16-24 qualifications in the particular field of classification in which
16-25 he is applying;
16-26 (8) <(9)> a letter from the police department and a
16-27 letter from the sheriff's department of the city and county wherein
17-1 the applicant resides concerning the character of the applicant and
17-2 containing any objection or recommendation as to his application;
17-3 and a letter from the Texas Department of Public Safety setting
17-4 forth the record of any convictions of any applicant for a felony
17-5 or a crime involving moral turpitude; and
17-6 (9) <(10)> any other information, evidence,
17-7 statements, or documents as may be required by the board.
17-8 SECTION 8. Section 17(a), Private Investigators and Private
17-9 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
17-10 Statutes), is amended to read as follows:
17-11 (a) If the General Appropriations Act does not specify the
17-12 amount of the fee, the board by rule shall establish reasonable and
17-13 necessary fees that produce funds sufficient for the administration
17-14 of this Act but that do not produce unnecessary fund balances and
17-15 do not exceed the following amounts:
17-16 Class A license $225
17-17 (original and renewal)
17-18 Class B license 225
17-19 (original and renewal)
17-20 Class C license 340
17-21 (original and renewal)
17-22 Reinstate suspended license 150
17-23 Assignment of license 150
17-24 Change name of license 75
17-25 Delinquency fee _____
17-26 Branch office certificate and renewal 150
17-27 Registration fee for private investigators, managers, 20
18-1 branch office managers, and alarm systems installers
18-2 (original and renewal)
18-3 Registration fee for noncommissioned security officer 35
18-4 Registration fee for security sales person 20
18-5 Registration fee for alarm systems monitor 20
18-6 Registration fee for dog trainer 20
18-7 Registration fee for owner, officer, partner, or 20
18-8 shareholder of a licensee
18-9 Registration fee for security consultants 55
18-10 Security officer commission fee 35
18-11 (original and renewal)
18-12 School instructor fee 100
18-13 (original and renewal)
18-14 School approval fee 250
18-15 (original and renewal)
18-16 Letter of authority fee for private businesses and 225
18-17 political subdivisions
18-18 (original and renewal)
18-19 FBI fingerprint check 25
18-20 Duplicate pocket card 10
18-21 Employee information update fee 15
18-22 Burglar alarm sellers renewal fee 25
18-23 Personal protection authorization 50
18-24 SECTION 9. Section 19(a), Private Investigators and Private
18-25 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
18-26 Statutes), is amended to read as follows:
18-27 (a) It is unlawful and punishable as provided in Section 44
19-1 of this Act:
19-2 (1) for an individual employed as a security officer
19-3 to knowingly carry a firearm during the course of performing his
19-4 duties as a security officer if the board has not issued him a
19-5 security officer commission under this section;
19-6 (2) for any person to hire or employ an individual or
19-7 for any individual to accept employment in the capacity of a
19-8 security officer to carry a firearm in the course and scope of his
19-9 duties unless the security officer is issued a security officer
19-10 commission by the board; <or>
19-11 (3) for a commissioned security officer to carry a
19-12 firearm unless:
19-13 (A) he is engaged in the performance of his
19-14 duties as a security officer or is engaged in traveling directly to
19-15 or from his place of assignment;
19-16 (B) he wears a distinctive uniform indicating
19-17 that he is a security officer; and
19-18 (C) the firearm is in plain view; or
19-19 (4) for a personal protection officer to carry a
19-20 concealed firearm unless the officer:
19-21 (A) has been issued a personal protection
19-22 authorization by the board;
19-23 (B) is engaged in the exclusive performance of
19-24 the officer's duties as a personal protection officer for the
19-25 employer under whom the officer's personal protection authorization
19-26 was issued; and
19-27 (C) carries the officer's security officer
20-1 commission and personal protection authorization on the officer's
20-2 person while performing the officer's duties as a personal
20-3 protection officer and presents the commission and authorization on
20-4 request.
20-5 SECTION 10. Section 28, Subsections (a) and (e), Private
20-6 Investigators and Private Security Agencies Act (Article
20-7 4413(29bb), Vernon's Texas Civil Statutes), are amended to read as
20-8 follows:
20-9 (a) Any licensee or officer, director, partner, or manager
20-10 of a licensee shall divulge to any law enforcement officer or
20-11 district attorney, or his representative, any information he may
20-12 acquire as to any criminal offense, but he shall not divulge to any
20-13 other person except as he may be required by state law or court
20-14 order so to do, any information acquired by him except at the
20-15 direction of the employer or client for whom information was
20-16 obtained.
20-17 (e) Information that is contained in alarm systems records
20-18 held by a governmental body and that concerns the location of an
20-19 alarm system, the name of the occupant of an alarm system location,
20-20 or the type of alarm system used is confidential and may be
20-21 disclosed only to the board or as otherwise by state law or court
20-22 order.
20-23 SECTION 11. Section 29, Private Investigators and Private
20-24 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
20-25 Statutes), is amended to read as follows:
20-26 Sec. 29. (a) Each licensee shall maintain a record
20-27 containing such information relative to his employees as may be
21-1 prescribed by the board.
21-2 (b) Each licensee shall maintain on file for board
21-3 inspection at the licensee's principal place of business or branch
21-4 office two (2) recent color photographs of a type prescribed by the
21-5 board of each applicant, registrant, commissioned security officer,
21-6 and employee of the licensee.
21-7 SECTION 12. Section 33(a), Private Investigators and Private
21-8 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
21-9 Statutes), is amended to read as follows:
21-10 (a) The application for registration must be verified and
21-11 must include:
21-12 (1) the full name, residence address, residence
21-13 telephone number, date and place of birth, and the Social Security
21-14 number of the applicant;
21-15 (2) a statement listing any and all names used by the
21-16 applicant, other than the name by which he is currently known,
21-17 together with an explanation setting forth the place or places
21-18 where each name was used, the date or dates of each use, and a full
21-19 explanation of the reasons why each such name was used. If the
21-20 applicant has never used a name other than that by which he is
21-21 currently known, this fact must be set forth in the statement;
21-22 (3) the name and address of the applicant's employer
21-23 and applicant's consulting firm, the date the employment commenced,
21-24 and a letter from the licensee requesting that the applicant be
21-25 registered;
21-26 (4) the title of the position occupied by the
21-27 applicant and a description of his duties;
22-1 <(5) two recent photographs of the applicant, of a
22-2 type prescribed by the board, and two classifiable sets of his
22-3 fingerprints;> and
22-4 (5) <(6)> other information, evidence, statements, or
22-5 documents, as required by the board.
22-6 SECTION 13. The Private Investigators and Private Security
22-7 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
22-8 amended by adding Section 39A to read as follows:
22-9 Sec. 39A. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE BASED
22-10 ON CRIMINAL HISTORY BACKGROUND CHECK. (a) The board may obtain
22-11 any criminal history record relating to an applicant for a license
22-12 or a license holder regulated under this Act that is maintained by
22-13 the Department of Public Safety and the Federal Bureau of
22-14 Investigation. The board shall deny an application for a person
22-15 who does not provide two complete sets of fingerprints on forms
22-16 prescribed by the board or fails to pay any required fee under this
22-17 section.
22-18 (b) The board shall suspend a license, registration,
22-19 security officer commission, letter of approval, or permit issued
22-20 to an individual under this Act if the board receives written
22-21 notification from the Department of Public Safety or any other law
22-22 enforcement agency that the individual has been arrested for or
22-23 charged with a felony or a misdemeanor involving moral turpitude.
22-24 (c) The board shall deny an application for a license,
22-25 registration, security officer commission, letter of approval, or
22-26 permit for an individual if the board receives written notification
22-27 from the Department of Public Safety or any other law enforcement
23-1 agency that the individual has been arrested for or charged with a
23-2 felony or a misdemeanor involving moral turpitude.
23-3 (d) A license, security officer commission, registration,
23-4 letter of approval, or permit is conditional on the board's receipt
23-5 of criminal history information from the Department of Public
23-6 Safety and shall be denied, suspended, or revoked if the board
23-7 receives information from the Federal Bureau of Investigation or
23-8 any other law enforcement agency that the individual or applicant
23-9 has a record of having committed a criminal offense.
23-10 SECTION 14. Section 44, Private Investigators and Private
23-11 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
23-12 Statutes), is amended by amending Subsection (c) and adding
23-13 Subsection (f) to read as follows:
23-14 (c) Any person who violates any provision of this Act for
23-15 which a specific criminal penalty is not prescribed commits an
23-16 offense. An offense under this subsection is a Class A
23-17 misdemeanor, except that the offense is a felony of the third
23-18 degree if the person has previously been convicted of an offense
23-19 under this Act and the offense consists of the person's failure to
23-20 hold a registration, certificate, license, or commission that the
23-21 person is required to hold by this Act.
23-22 (f) A person commits an offense if the person knowingly
23-23 hires, contracts with, or employs a person who is required to hold
23-24 a registration, certificate, license, or commission under this Act
23-25 but does not hold the required registration, certificate, license,
23-26 or commission or who otherwise, at the time of hire, contract, or
23-27 employment, is in violation of this Act. An offense under this
24-1 subsection is a Class A misdemeanor.
24-2 SECTION 15. Section 46.02(b), Penal Code, is amended to read
24-3 as follows:
24-4 (b) It is a defense to prosecution under this section that
24-5 the actor was, at the time of the commission of the offense:
24-6 (1) in the actual discharge of his official duties as
24-7 a member of the armed forces or state military forces as defined by
24-8 Section 431.001, Government Code, or as a guard employed by a penal
24-9 institution;
24-10 (2) on his own premises or premises under his control
24-11 unless he is an employee or agent of the owner of the premises and
24-12 his primary responsibility is to act in the capacity of a security
24-13 guard to protect persons or property, in which event he must comply
24-14 with Subdivision (5);
24-15 (3) traveling;
24-16 (4) engaging in lawful hunting, fishing, or other
24-17 sporting activity on the immediate premises where the activity is
24-18 conducted, or was directly en route between the premises and the
24-19 actor's residence, if the weapon is a type commonly used in the
24-20 activity;
24-21 (5) a person who holds a security officer commission
24-22 issued by the Texas Board of Private Investigators and Private
24-23 Security Agencies, if:
24-24 (A) he is engaged in the performance of his
24-25 duties as a security officer or traveling to and from his place of
24-26 assignment;
24-27 (B) he is wearing a distinctive uniform; and
25-1 (C) the weapon is in plain view; <or>
25-2 (6) a peace officer, other than a person commissioned
25-3 by the Texas State Board of Pharmacy; or
25-4 (7) a person who holds a security officer commission
25-5 and a personal protection authorization issued by the Texas Board
25-6 of Private Investigators and Private Security Agencies and who is
25-7 providing personal protection under the Private Investigators and
25-8 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
25-9 Civil Statutes).
25-10 SECTION 16. Section 46.03(d), Penal Code, is amended to read
25-11 as follows:
25-12 (d) It is a defense to prosecution under Subsection (a)<(5)>
25-13 that the actor possessed a firearm or club while traveling to or
25-14 from the actor's place of assignment or in the actual discharge of
25-15 duties as:
25-16 (1) a peace officer;
25-17 (2) a member of the armed forces or national guard;
25-18 (3) a guard employed by a penal institution; <or>
25-19 (4) a security officer commissioned by the Texas Board
25-20 of Private Investigators and Private Security Agencies if:
25-21 (A) the actor is wearing a distinctive uniform;
25-22 and
25-23 (B) the firearm or club is in plain view; or
25-24 (5) a security officer who holds a personal protection
25-25 authorization under the Private Investigators and Private Security
25-26 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
25-27 SECTION 17. The Private Investigators and Private Security
26-1 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
26-2 amended by adding Sections 3B and 3C to read as follows:
26-3 Sec. 3B. The board has authority to interpret and issue
26-4 opinions resolving questions raised concerning the eligibility of
26-5 alarm system installations to comply with Section 5.33A of the
26-6 Texas Insurance Code. Such interpretations or opinions shall be
26-7 conclusive as far as general conditions or individual installations
26-8 are concerned.
26-9 Sec. 3C. The board may authorize alarm system companies to
26-10 issue a certificate of installation showing that an installation
26-11 complies with Article 5.33A, Texas Insurance Code, in lieu of the
26-12 inspection required in the Insurance Code. The certificate must be
26-13 furnished to the insurer and the insurer shall determine whether
26-14 the person's property is in compliance with Article 5.33A of the
26-15 Insurance Code. It is the responsibility of the insurer to
26-16 determine compliance taking into consideration the certificate
26-17 issued by the installer and other investigation as the insurer may
26-18 determine to be appropriate.
26-19 SECTION 18. This Act takes effect September 1, 1995, except
26-20 that Section 10 of this Act takes effect March 1, 1996.
26-21 SECTION 19. (a) The change in law made by this Act applies
26-22 only to the punishment of an offense committed on or after the
26-23 effective date of this Act. For purposes of this section, an
26-24 offense is committed before the effective date of this Act if any
26-25 element of the offense occurs before the effective date.
26-26 (b) An offense committed before the effective date of this
26-27 Act is covered by the law in effect when the offense was committed,
27-1 and the former law is continued in effect for that purpose.
27-2 SECTION 20. The Texas Board of Private Investigators and
27-3 Private Security Agencies shall adopt rules and prescribe forms
27-4 under this Act not later than March 1, 1996.
27-5 SECTION 21. The importance of this legislation and the
27-6 crowded condition of the calendars in both houses create an
27-7 emergency and an imperative public necessity that the
27-8 constitutional rule requiring bills to be read on three several
27-9 days in each house be suspended, and this rule is hereby suspended.