By Oakley H.B. No. 713
Substitute the following for H.B. No. 713:
By Oakley C.S.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 that must be completed and the types of programs that may be
1-12 offered for persons regulated by the board. A person regulated by
1-13 the board shall submit evidence of compliance with the board's
1-14 continuing education requirements in a manner prescribed by the
1-15 board. < Participation in the programs is voluntary.>
1-16 SECTION 2. Section 44, Private Investigators and Private
1-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-18 Statutes), is amended by amending Subsection (c) and adding
1-19 Subsection (f) to read as follows:
1-20 (c) Any person who violates any provision of this Act for
1-21 which a specific penalty is not prescribed commits an offense. An
1-22 offense under this subsection is a Class A misdemeanor. If it is
1-23 shown at the trial of an offense under this subsection that the
1-24 defendant has been previously convicted of an offense under this
2-1 subsection, the offense is a felony of the third degree.
2-2 (f) A person commits an offense if the person knowingly
2-3 hires, contracts with, or employs a person who is required to hold
2-4 a registration, certificate, license, or commission under this Act
2-5 but does not hold the required registration, certificate, license,
2-6 or commission or who otherwise, at the time of hire, contract, or
2-7 employment, is in violation of this Act. An offense under this
2-8 subsection is a Class A misdemeanor.
2-9 SECTION 3. This Act takes effect September 1, 1995.
2-10 SECTION 4. (a) The change in law made by this Act applies
2-11 only to the punishment of an offense committed on or after the
2-12 effective date of this Act. For purposes of this section, an
2-13 offense is committed before the effective date of this Act if any
2-14 element of the offense occurs before the effective date.
2-15 (b) An offense committed before the effective date of this
2-16 Act is covered by the law in effect when the offense was committed,
2-17 and the former law is continued in effect for that purpose.
2-18 SECTION 5. The Texas Board of Private Investigators and
2-19 Private Security Agencies shall adopt rules relating to required
2-20 continuing education programs not later than March 1, 1996.
2-21 SECTION 6. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.