74R8412 CAG-D
          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.
    1-5        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.