1-1 By: Oakley (Senate Sponsor - Brown) H.B. No. 713
1-2 (In the Senate - Received from the House May 4, 1995;
1-3 May 5, 1995, read first time and referred to Committee on Economic
1-4 Development; May 23, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 May 23, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 713 By: Haywood
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of private investigators and private
1-11 security agencies; creating a criminal penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 2, Private Investigators and Private
1-14 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-15 Statutes), is amended by amending Subsections (3), (4), (5) and
1-16 (31) and adding Subsections (33), (34), (35), (36) and (37) to read
1-17 as follows:
1-18 (3) "Investigations company" means:
1-19 (A) any person who engages in the business or
1-20 accepts employment to obtain or furnish information with reference
1-21 to:
1-22 (i) <(a)> a crime or wrongs done or threatened
1-23 against the United States of America or any state or territory of
1-24 the United States of America;
1-25 (ii) <(b)> the identity, habits, conduct,
1-26 business, occupation, honesty, integrity, credibility, knowledge,
1-27 trustworthiness, efficiency, loyalty, activity, movement,
1-28 whereabouts, affiliations, associations, transactions, acts,
1-29 reputation, or character of any person;
1-30 (iii) <(c)> the location, disposition, or
1-31 recovery of lost or stolen property;
1-32 (iv) <(d)> the cause or responsibility for
1-33 fires, libels, losses, accidents, damages, or injuries to persons
1-34 or to property; <or>
1-35 (v) <(e)> the securing of evidence to be used
1-36 before any court, board, officer, or investigating committee; or
1-37 (vi) the electronic tracking of the location of
1-38 any individual or motor vehicle other than for criminal justice
1-39 purposes by or on behalf of a governmental entity; or
1-40 (B) any person who engages in the business of or
1-41 accepts employment to protect one or more individuals from bodily
1-42 harm through the use of a personal protection officer.
1-43 (4) "Guard company" means any person engaging in the
1-44 business of or undertaking to provide a private watchman, guard, or
1-45 street patrol service on a contractual basis for another person and
1-46 performing any one or more of the following or similar functions:
1-47 (a) prevention of intrusion, entry, larceny,
1-48 vandalism, abuse, fire, or trespass on private property;
1-49 (b) prevention, observation, or detection of any
1-50 unauthorized activity on private property;
1-51 (c) control, regulation, or direction of the
1-52 flow or movements of the public, whether by vehicle or otherwise,
1-53 only to the extent and for the time directly and specifically
1-54 required to assure the protection of property; <or>
1-55 (d) protection of individuals from bodily harm;
1-56 or
1-57 (e) protection of one or more individuals from
1-58 bodily harm through the use of a personal protection officer.
1-59 (5) "Alarm systems company" means any person that sells,
1-60 installs, services, monitors or responds to burglar alarm signal
1-61 devices, detection devices, burglar alarms, robbery alarms,
1-62 television cameras, still cameras, or any other electrical,
1-63 mechanical, or electronic device used:
1-64 (a) to prevent or detect burglary, theft, robbery,
1-65 shoplifting, pilferage, shrinkage, or other losses of that type;
1-66 (b) to prevent or detect intrusion; or
1-67 (c) primarily to detect or summon aid for other
1-68 emergencies.
2-1 (31) "Alarm system monitor" means an individual who monitors
2-2 burglar alarm signal devices, detection devices, burglar alarms,
2-3 robbery alarms, television cameras, still cameras, or any other
2-4 electrical, mechanical, or electronic device used to prevent or
2-5 detect burglary, theft, shoplifting, pilferage, shrinkage, or
2-6 similar losses, used to prevent or detect intrusion, or used
2-7 primarily to summon aid for other emergencies. The term does not
2-8 include a person employed exclusively and regularly by an employer
2-9 other than a licensee in connection with the affairs of that
2-10 employer, and with whom the person has an employer-employee
2-11 relationship.
2-12 (33) "Detection device" means an electronic device used as a
2-13 part of a burglar or hold-up alarm including any control,
2-14 communications, motion detector, door or window switch, sound
2-15 detector, vibration detector, light beam, pressure mat, wiring or
2-16 similar device; or any electronic device used to limit access by
2-17 persons into building structures or gate compounds, including any
2-18 control, communications, motion detector, door or window switch,
2-19 card or proximity readers, push-button key pad entry, gate entry
2-20 device, door exit buttons, or similar device.
2-21 (34) "Personal protection authorization" means an
2-22 authorization granted by the board to an individual who:
2-23 (A) meets the requirements of Section 14(d) of
2-24 this Act; and
2-25 (B) has been issued a security officer
2-26 commission to carry a concealed firearm.
2-27 (35) "Personal protection officer" means an individual who
2-28 provides personal protection from bodily harm to one or more
2-29 individuals under a security officer commission and a personal
2-30 protection officer authorization issued by the board.
2-31 (36) "Peace officer" has the meaning assigned by Article
2-32 2.12 Code of Criminal Procedure.
2-33 SECTION 2. Section 3(a), Private Investigators and Private
2-34 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
2-35 Statutes), is amended to read as follows:
2-36 (a) This Act does not apply to:
2-37 (1) a person employed exclusively and regularly by one
2-38 employer in connection with the affairs of an employer only and
2-39 where there exists an employer-employee relationship; provided,
2-40 however, any person who shall carry a firearm in the course of his
2-41 employment shall be required to obtain a private security officer
2-42 commission under the provisions of this Act;
2-43 (2) except as provided by Subsection (d) of this
2-44 Section, an officer or employee of the United States of America, or
2-45 of this State or political subdivision of either, while the
2-46 employee or officer is engaged in the performance of official
2-47 duties;
2-48 (3) a person who has full-time employment as a peace
2-49 officer <as defined by Article 2.12, Code of Criminal Procedure>,
2-50 who receives compensation for private employment on an individual
2-51 or an independent contractor basis as a patrolman, guard, or
2-52 watchman if the officer <such person is>:
2-53 (A) is employed in an employee-employer
2-54 relationship<;> or
2-55 <(B)> employed on an individual contractual
2-56 basis;
2-57 (B) is <(C)> not in the employ of another peace
2-58 officer; <and>
2-59 (C) is <(D)> not a reserve peace officer; and
2-60 (D) works as a peace officer on the average of
2-61 at least 32 hours a week, is compensated by the state or a
2-62 political subdivision of the state at the rate of the minimum wage
2-63 or higher, and is entitled to all employee benefits offered to a
2-64 peace officer by the state or political subdivision;
2-65 (4) a person engaged exclusively in the business of
2-66 obtaining and furnishing information for purposes of credit
2-67 worthiness or collecting debts or ascertaining the financial
2-68 responsibility of applicants for property insurance and for
2-69 indemnity or surety bonds, with respect to persons, firms, and
2-70 corporations;
3-1 (5) an attorney-at-law in performing his duties;
3-2 (6) admitted insurers, insurance adjusters, agents,
3-3 and insurance brokers licensed by the State, performing duties in
3-4 connection with insurance transacted by them;
3-5 (7) a person who engages exclusively in the business
3-6 of repossessing property that is secured by a mortgage or other
3-7 security interest;
3-8 (8) a locksmith who does not install or service
3-9 detection devices, does not conduct investigations, and is not a
3-10 security service contractor;
3-11 (9) a person who owns and installs burglar detection
3-12 or alarm devices on his own property or, if he does not charge for
3-13 the device or its installation, installs it for the protection of
3-14 his personal property located on another's property, and does not
3-15 install the devices as a normal business practice on the property
3-16 of another;
3-17 (10) an employee of a cattle association who is
3-18 engaged in inspection of brands of livestock under the authority
3-19 granted to that cattle association by the Packers and Stockyards
3-20 Division of the United States Department of Agriculture;
3-21 (11) the provisions of this Act shall not apply to
3-22 common carriers by rail engaged in interstate commerce and
3-23 regulated by state and federal authorities and transporting
3-24 commodities essential to the national defense and to the general
3-25 welfare and safety of the community;
3-26 (12) a registered professional engineer practicing in
3-27 accordance with the provisions of the Texas Engineering Practice
3-28 Act that does not install or service detection devices, does not
3-29 conduct non-engineering investigations, is performing forensic
3-30 engineering studies, and is not a security services contractor;
3-31 (13) a person whose sale of burglar alarm signal
3-32 devices, burglary alarms, television cameras, still cameras, or
3-33 other electrical, mechanical, or electronic devices used for
3-34 preventing or detecting burglary, theft, shoplifting, pilferage, or
3-35 other losses is exclusively over-the-counter or by mail order;
3-36 (14) a person who holds a license or other form of
3-37 permission issued by an incorporated city or town to practice as an
3-38 electrician and who installs fire or smoke detectors in no building
3-39 other than a single family or multifamily residence;
3-40 (15) a person or organization in the business of
3-41 building construction that installs electrical wiring and devices
3-42 that may include in part the installation of a burglar alarm or
3-43 detection device if:
3-44 (A) the person or organization is a party to a
3-45 contract that provides that the installation will be performed
3-46 under the direct supervision of and inspected and certified by a
3-47 person or organization licensed to install and certify such an
3-48 alarm or detection device and that the licensee assumes full
3-49 responsibility for the installation of the alarm or detection
3-50 device; and
3-51 (B) the person or organization does not service
3-52 or maintain burglar alarms or detection devices;
3-53 (16) a reserve peace officer while the reserve officer
3-54 is performing guard, patrolman, or watchman duties for a county and
3-55 is being compensated solely by that county;
3-56 (17) response to a burglar alarm or detection device
3-57 by a law enforcement agency or by a law enforcement officer acting
3-58 in an official capacity;
3-59 (18) a person who, by education, experience, or
3-60 background has specialized expertise or knowledge such as that
3-61 which would qualify or tend to qualify such person as an expert
3-62 witness, authorized to render opinions in proceedings conducted in
3-63 a court, administrative agency, or governing body of this state or
3-64 of the United States, in accordance with applicable rules and
3-65 regulations and who does not perform any other service for which a
3-66 license is required by provisions of this Act;
3-67 (19) an officer, employee, or agent of a common
3-68 carrier, as defined by Section 153(h), Communications Act of 1934
3-69 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
3-70 user of the carrier's long-distance services from a fraudulent,
4-1 unlawful, or abusive use of those long-distance services;
4-2 (20) a person who sells or installs automobile burglar
4-3 alarm devices and that does not perform any other act that requires
4-4 a license under this Act;
4-5 (21) a manufacturer, or a manufacturer's authorized
4-6 distributor, who sells to the holder of a license under this Act
4-7 equipment used in the operations for which the holder is required
4-8 to be licensed;
4-9 (22) a person employed as a noncommissioned security
4-10 officer by a political subdivision of this state;
4-11 (23) a person whose activities are regulated under
4-12 Article 5.43-2, Insurance Code, except to the extent that those
4-13 activities are specifically regulated under this Act;
4-14 (24) a landman performing activities in the course and
4-15 scope of the landman's business;
4-16 (25) a hospital or a wholly owned subsidiary or
4-17 affiliate of a hospital that provides medical alert services for
4-18 persons who are sick or disabled, if the hospital, subsidiary, or
4-19 affiliate is licensed under Chapter 241, Health and Safety Code,
4-20 and the hospital does not perform any other service that requires a
4-21 license under this Act;
4-22 (26) a charitable, nonprofit organization that
4-23 provides medical alert services for persons who are sick or
4-24 disabled, if the organization:
4-25 (A) is exempt from taxation under Section
4-26 501(c)(3), Internal Revenue Code of 1986;
4-27 (B) has its monitoring services provided by a
4-28 licensed person or hospital or a wholly owned subsidiary or
4-29 affiliate of a hospital licensed under Chapter 241, Health and
4-30 Safety Code; and
4-31 (C) does not perform any other service that
4-32 requires a license under this Act;
4-33 (27) a person engaged in the business of electronic
4-34 monitoring of a person as a condition of that person's probation,
4-35 parole, mandatory supervision, or release on bail, if the person
4-36 does not perform any other service that requires a license under
4-37 this Act;
4-38 (28) a nonprofit business or civic organization that:
4-39 (A) employs one or more peace officers meeting
4-40 the qualifications of Subdivision (3) of this subsection as
4-41 patrolmen, guards, or watchmen;
4-42 (B) provides the services of these peace
4-43 officers only to:
4-44 (i) its members; or
4-45 (ii) if the organization does not have
4-46 members, the members of the communities served by the organization
4-47 as described in its articles of incorporation or other
4-48 organizational documents;
4-49 (C) devotes the net receipts from all charges
4-50 for the services exclusively to the cost of providing the services
4-51 or to the costs of other services for the enhancement of the
4-52 security or safety of:
4-53 (i) its members; or
4-54 (ii) if the organization does not have
4-55 members, the members of the communities served by the organization
4-56 as described in its articles of incorporation or other
4-57 organizational documents; and
4-58 (D) does not perform any other service that
4-59 requires a license under this Act;
4-60 (29) a charitable, nonprofit organization that
4-61 maintains a system of records to aid in the location of missing
4-62 children if the organization:
4-63 (A) is exempt from federal taxation under
4-64 Section 501(c)(3), Internal Revenue Code of 1986, and its
4-65 subsequent amendments;
4-66 (B) exclusively provides services related to
4-67 locating missing children; and
4-68 (C) does not perform any other service that
4-69 requires a license under this Act; or
4-70 (30) a person engaged in the business of psychological
5-1 testing or other testing and interviewing services (to include but
5-2 not limited to attitudes, honesty, intelligence, personality, and
5-3 skills) for preemployment purposes, if the person does not perform
5-4 any other service that requires a license under this Act.
5-5 SECTION 3. Section 3A (a) and (c), Private Investigators and
5-6 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
5-7 Civil Statutes), are amended to read as follows:
5-8 Section 3A. (a) Except as provided by Subsection (c) of
5-9 this section, the provisions of this Act do not apply to a person
5-10 who sells <burglar alarms> detection devices or other devices for
5-11 preventing or detecting burglary in a person's residence if:
5-12 (1) the person does not install, service, or maintain
5-13 <the burglar alarms or other> detection devices;
5-14 (2) the person holds a valid seller's certificate
5-15 issued by the board;
5-16 (3) the person has, as a precedent for obtaining a
5-17 seller's certificate, submitted to the board an application for a
5-18 seller's certificate which shall include the person's full name,
5-19 residence telephone number, date and place of birth, and Social
5-20 Security number<, together with two color photographs taken within
5-21 the past six months that show a facial likeness of the person> and
5-22 two sets of classifiable fingerprints;
5-23 (4) the person has paid to the board a seller's
5-24 certificate fee as established by the board, but not to exceed $25,
5-25 which certificate shall be valid for a period of two years;
5-26 (5) there is filed with the board, either by the
5-27 manufacturer, distributor, or sellers of such devices, a
5-28 certificate evidencing insurance for liability for bodily injury or
5-29 property damage arising from faulty or defective products in an
5-30 amount not less than $1 million combined single limit, provided
5-31 that such policy of insurance need not relate exclusively to
5-32 burglary devices;
5-33 (6) there has been filed with the board, either by the
5-34 manufacturer, distributor, or sellers of such devices, a surety
5-35 bond executed by a surety company authorized to do business in this
5-36 state in the sum of $10,000 in favor of the State of Texas, and any
5-37 customer purchasing such devices in his home who does not receive
5-38 delivery of the devices in accordance with the contract or
5-39 agreement may bring an action against the bond to recover the down
5-40 payment or purchase price actually paid; and
5-41 (7) the person is not employed by a security services
5-42 contractor.
5-43 (c) It shall be unlawful and punishable as provided in
5-44 Section 44 of this Act for any person who holds a current seller's
5-45 certificate to install, service, monitor, or respond to <burglar
5-46 alarms or other> detection devices used to prevent or detect
5-47 burglary or other losses of that type.
5-48 SECTION 4. Section 11B, Subsection (a) Private Investigators
5-49 and Private Security Agencies Act (Article 4413(29bb), Vernon's
5-50 Texas Civil Statutes), is amended to read as follows:
5-51 Section 11B. (a) The board shall revoke or suspend any
5-52 registration, license, or security officer commission, reprimand
5-53 any registrant, licensee, or commissioned security officer, or deny
5-54 an application for a registration, license, or security officer
5-55 commission, or renewal thereof, or may place on probation a person
5-56 whose registration, license, or security officer commission has
5-57 been suspended, on proof:
5-58 (1) that the applicant, licensee, commissioned
5-59 security officer, or registrant has violated any provisions of this
5-60 Act or of the rules and regulations promulgated under this Act;
5-61 (2) that the applicant, licensee, commissioned
5-62 security officer, or registrant has committed any act resulting in
5-63 conviction of a felony;
5-64 (3) that the applicant, licensee, commissioned
5-65 security officer, or registrant has committed an act after the date
5-66 of application for a registration, license, or security officer
5-67 commission that results in a conviction of a misdemeanor involving
5-68 moral turpitude;
5-69 (4) that the applicant, licensee, commissioned
5-70 security officer, or registrant has practiced fraud, deceit, or
6-1 misrepresentation; <or>
6-2 (5) that the applicant, licensee, commissioned
6-3 security officer, or registrant has made a material misstatement in
6-4 the application for or renewal of the license, registration, or
6-5 security officer commission<.>; or
6-6 (6) that the licensee of the commissioned security
6-7 officer or registrant has submitted to the board sufficient
6-8 evidence that a commissioned security officer or registrant, while
6-9 in the employ of the licensee, practiced fraud or deceit, or
6-10 committed theft while performing work as a commissioned security
6-11 officer or registrant.
6-12 SECTION 5. Section 11(d), Private Investigators and Private
6-13 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
6-14 Statutes), is amended to read as follows:
6-15 (d) The board shall <may> recognize, prepare, or administer
6-16 continuing education programs for <persons> private investigators
6-17 regulated by the board under this Act. The board shall set the
6-18 minimum number of hours that must be completed and the types of
6-19 programs that may be offered for private investigators regulated by
6-20 the board. A private investigator regulated by the board shall
6-21 submit evidence of compliance with the board's continuing education
6-22 requirements in a manner prescribed by the board. <Participation
6-23 in the programs is voluntary.>
6-24 SECTION 6. Section 14, Private Investigators and Private
6-25 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
6-26 Statutes), is amended by adding Subsections (d)-(g) to read as
6-27 follows:
6-28 (d) An applicant for a personal protection authorization:
6-29 (1) shall submit a written application for a personal
6-30 protection authorization on a form prescribed by the board;
6-31 (2) shall submit a current certificate of completion
6-32 of the basic security officer training course;
6-33 (3) shall provide proof that the applicant is
6-34 currently employed by an investigations company or guard company
6-35 licensed by the board;
6-36 (4) may not have been convicted of an offense
6-37 involving assault during the seven years preceding the date of the
6-38 application;
6-39 (5) shall provide proof of completion and the results
6-40 of the Minnesota Multiphasic Personality Inventory psychological
6-41 testing as required by board rule;
6-42 (6) shall provide proof of training in nonlethal
6-43 self-defense or defense of a third person; and
6-44 (7) must be at least 21 years of age.
6-45 (e) A personal protection authorization runs concurrently
6-46 with the dates of issuance and expiration of the security officer
6-47 commission under which the holder's authorization was issued.
6-48 (f) The board shall establish a 15-hour course for a
6-49 personal protection officer consisting of training in nonlethal
6-50 self-defense or the defense of a third person. This training is in
6-51 addition to the required basic security officer training course.
6-52 (g) The board by rule shall require an applicant for a
6-53 personal protection officer authorization to complete the Minnesota
6-54 Multiphasic Personality Inventory test. The board may use the
6-55 results of the test to evaluate the psychological fitness of the
6-56 applicant.
6-57 SECTION 7. Section 15. (A), Private Investigators and
6-58 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
6-59 Civil Statutes), is amended to read as follows:
6-60 Section 15. (A) An application for a license under this Act
6-61 shall be in the form prescribed by the board. The application
6-62 shall include:
6-63 (1) the full name and business address of the applicant;
6-64 (2) the name under which the applicant intends to do
6-65 business;
6-66 (3) a statement as to the general nature of the business in
6-67 which the applicant intends to engage;
6-68 (4) a statement as to the classification under which the
6-69 applicant desires to be qualified;
6-70 (5) the full name and residence address of each of its
7-1 partners, officers, and directors, and its manager, if the
7-2 applicant is an entity other than an individual;
7-3 <(6) two recent photographs of a type prescribed by the
7-4 board of the applicant, if the applicant is an individual, or of
7-5 each officer and of each partner or shareholder who owns a 25
7-6 percent or greater interest in the applicant, if the applicant is
7-7 an entity;>
7-8 <(7)>(6) one classifiable set of fingerprints of the
7-9 applicant, if the applicant is an individual, or of each officer
7-10 and of each partner or shareholder who owns 25 percent or greater
7-11 interest in the applicant, if the applicant is an entity;
7-12 <(8)>(7) a verified statement of his experience
7-13 qualifications in the particular field of classification in which
7-14 he is applying;
7-15 <(9)>(8) a letter from the police department and a letter
7-16 from the sheriff's department of the city and county wherein the
7-17 applicant resides concerning the character of the applicant and
7-18 containing any objection or recommendation as to his application;
7-19 and a letter from the Texas Department of Public Safety setting
7-20 forth the record of any convictions of any applicant for a felony
7-21 or a crime involving moral turpitude; and
7-22 <(10)>(9) any other information, evidence, statements or
7-23 documents as may be required by the board.
7-24 SECTION 8. Section 17(a), Private Investigators and Private
7-25 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
7-26 Statutes), is amended to read as follows:
7-27 Section 17. (a) If the General Appropriations Act does not
7-28 specify the amount of the fee, the board by rule shall establish
7-29 reasonable and necessary fees that produce funds sufficient for the
7-30 administration of this Act but that do not produce unnecessary fund
7-31 balances and do not exceed the following amounts:
7-32 Class A license $225
7-33 (original and renewal)
7-34 Class B license 225
7-35 (original and renewal)
7-36 Class C license 340
7-37 (original and renewal)
7-38 Reinstate suspended license 150
7-39 Assignment of license 150
7-40 Change name of license 75
7-41 Delinquency fee _____
7-42 Branch office certificate and renewal 150
7-43 Registration fee for private investigators, managers, 20
7-44 branch office managers, and alarm systems installers
7-45 (original and renewal)
7-46 Registration fee for noncommissioned security officer 35
7-47 Registration fee for security sales person 20
7-48 Registration fee for alarm systems monitor 20
7-49 Registration fee for dog trainer 20
7-50 Registration fee for owner, officer, partner, or 20
7-51 shareholder of a licensee
7-52 Registration fee for security consultants 55
7-53 Security officer commission fee 35
7-54 (original and renewal)
7-55 School instructor fee 100
7-56 (original and renewal)
7-57 School approval fee 250
7-58 (original and renewal)
7-59 Letter of Authority fee for private businesses and 225
7-60 political subdivisions
7-61 (original and renewal)
7-62 FBI fingerprint check 25
7-63 Duplicate pocket card 10
7-64 Employee information update fee 15
7-65 Burglar alarm sellers renewal fee 25
7-66 Personal protection authorization 50
7-67 SECTION 9. Section 19(a), Private Investigators and Private
7-68 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
7-69 Statutes), is amended to read as follows:
7-70 (a) It is unlawful and punishable as provided in Section 44
8-1 of this Act:
8-2 (1) for an individual employed as a security officer
8-3 to knowingly carry a firearm during the course of performing his
8-4 duties as a security officer if the board has not issued him a
8-5 security officer commission under this section;
8-6 (2) for any person to hire or employ an individual or
8-7 for any individual to accept employment in the capacity of a
8-8 security officer to carry a firearm in the course and scope of his
8-9 duties unless the security officer is issued a security officer
8-10 commission by the board; <or>
8-11 (3) for a commissioned security officer to carry a
8-12 firearm unless:
8-13 (A) he is engaged in the performance of his
8-14 duties as a security officer or is engaged in traveling directly to
8-15 or from his place of assignment;
8-16 (B) he wears a distinctive uniform indicating
8-17 that he is a security officer; and
8-18 (C) the firearm is in plain view; or
8-19 (4) for a personal protection officer to carry a
8-20 concealed firearm unless the officer:
8-21 (A) has been issued a personal protection
8-22 authorization by the board;
8-23 (B) is engaged in the exclusive performance of
8-24 the officer's duties as a personal protection officer for the
8-25 employer under whom the officer's personal protection authorization
8-26 was issued; and
8-27 (C) carries the officer's security officer
8-28 commission and personal protection authorization on the officer's
8-29 person while performing the officer's duties as a personal
8-30 protection officer and presents the commission and authorization on
8-31 request.
8-32 SECTION 10. Section 28, Subsections (a) and (e) Private
8-33 Investigators and Private Security Agencies Act (Article
8-34 4413(29bb), Vernon's Texas Civil Statutes), are amended to read as
8-35 follows:
8-36 (a) Any licensee or officer, director, partner, or manager
8-37 of a licensee shall divulge to any law enforcement officer or
8-38 district attorney, or his representative, any information he may
8-39 acquire as to any criminal offense, but he shall not divulge to any
8-40 other person except as he may be required by state law or court
8-41 order so to do, any information acquired by him except at the
8-42 direction of the employer or client for whom information was
8-43 obtained.
8-44 (e) Information that is contained in alarm records held by a
8-45 governmental body and that concerns the location of an alarm
8-46 system, the name of the occupant of an alarm system location, or
8-47 the type of alarm system used is confidential and may be disclosed
8-48 only to the board or as otherwise by state law or court order.
8-49 SECTION 11. Section 29, Private Investigators and Private
8-50 Security Agencies Act (Article 4413(29bb) V.A.C.S., Vernon's Texas
8-51 Civil Statutes is amended by amending Section 29 to become Section
8-52 29(a) and by adding Subsection (b) to read as follows:
8-53 Section 29. (a) Each licensee shall maintain a record
8-54 containing such information relative to his employees as may be
8-55 prescribed by the board.
8-56 (b) Each licensee shall maintain on file for board
8-57 inspection at the licensee's principal place of business or branch
8-58 office two (2) recent color photographs of a type prescribed by the
8-59 board of each applicant, registrant, commissioned security officer
8-60 and employee of the licensee.
8-61 SECTION 12. Section 33.(A), Private Investigators and
8-62 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
8-63 Civil Statutes, is amended to read as follows:
8-64 Section 33.(A) The application for registration must be
8-65 verified and must include:
8-66 (1) the full name, residence address, residence telephone
8-67 number, date and place of birth, and the Social Security number of
8-68 the applicant;
8-69 (2) a statement listing any and all names used by the
8-70 applicant, other than the name by which he is currently known,
9-1 together with an explanation setting forth the place or places
9-2 where each name was used, the date or dates of each use, and a full
9-3 explanation of the reasons why each such name was used. If the
9-4 applicant has never used a name other than that by which he is
9-5 currently known, this fact must be set forth in the statement;
9-6 (3) the name and address of the applicant's employer and
9-7 applicant's consulting firm, the date the employment commenced, and
9-8 a letter from the licensee requesting that the applicant be
9-9 registered;
9-10 (4) the title of the position occupied by the applicant and
9-11 a description of his duties;
9-12 <(5) two recent photographs of the applicant, of a type
9-13 prescribed by the board, and two classifiable sets of his
9-14 fingerprints;> and
9-15 <(6)> (5) other information, evidence, statements, or
9-16 documents, as required by the board.
9-17 SECTION 13. The Private Investigators and Private Security
9-18 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
9-19 amended by adding Section 39A to read as follows:
9-20 Sec. 39A. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE BASED
9-21 ON CRIMINAL HISTORY BACKGROUND CHECK. (a) The board may obtain
9-22 any criminal history record relating to an applicant for a license
9-23 or a license holder regulated under this Act that is maintained by
9-24 the Department of Public Safety and the Federal Bureau of
9-25 Investigation. The board shall deny an application for a person
9-26 who does not provide two complete sets of fingerprints on forms
9-27 prescribed by the board or fails to pay any required fee under this
9-28 section.
9-29 (b) The board shall suspend a license, registration,
9-30 security officer commission, letter of approval, or permit issued
9-31 to an individual under this Act if the board receives written
9-32 notification from the Department of Public Safety or any other law
9-33 enforcement agency that the individual has been arrested for or
9-34 charged with a felony or a misdemeanor involving moral turpitude.
9-35 (c) The board shall deny an application for a license,
9-36 registration, security officer commission, letter of approval, or
9-37 permit for an individual if the board receives written notification
9-38 from the Department of Public Safety or any other law enforcement
9-39 agency that the individual has been arrested for or charged with a
9-40 felony or a misdemeanor involving moral turpitude.
9-41 (d) A license, security officer commission, registration,
9-42 letter of approval, or permit is conditional on the board's receipt
9-43 of criminal history information from the Department of Public
9-44 Safety and shall be denied, suspended, or revoked if the board
9-45 receives information from the Federal Bureau of Investigation or
9-46 any other law enforcement agency that the individual or applicant
9-47 has a record of having committed a criminal offense.
9-48 SECTION 14. Section 44, Private Investigators and Private
9-49 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
9-50 Statutes), is amended by amending Subsection (c) and adding
9-51 Subsection (f) to read as follows:
9-52 (c) Any person who violates any provision of this Act for
9-53 which a specific criminal penalty is not prescribed commits an
9-54 offense. An offense under this subsection is a Class A
9-55 misdemeanor<.>, except that the offense is a felony of the third
9-56 degree if the person has previously been convicted of an offense
9-57 under this Act and the offense consists of the person's failure to
9-58 hold a registration, certificate, license, or commission that the
9-59 person is required to hold by this Act.
9-60 (f) A person commits an offense if the person knowingly
9-61 hires, contracts with, or employs a person who is required to hold
9-62 a registration, certificate, license, or commission under this Act
9-63 but does not hold the required registration, certificate, license,
9-64 or commission or who otherwise, at the time of hire, contract, or
9-65 employment, is in violation of this Act. An offense under this
9-66 subsection is a Class A misdemeanor.
9-67 SECTION 15. Section 46.02(b), Penal Code, is amended to read
9-68 as follows:
9-69 (b) It is a defense to prosecution under this section that
9-70 the actor was, at the time of the commission of the offense:
10-1 (1) in the actual discharge of his official duties as
10-2 a member of the armed forces or state military forces as defined by
10-3 Section 431.001, Government Code, or as a guard employed by a penal
10-4 institution;
10-5 (2) on his own premises or premises under his control
10-6 unless he is an employee or agent of the owner of the premises and
10-7 his primary responsibility is to act in the capacity of a security
10-8 guard to protect persons or property, in which event he must comply
10-9 with Subdivision (5);
10-10 (3) traveling;
10-11 (4) engaging in lawful hunting, fishing, or other
10-12 sporting activity on the immediate premises where the activity is
10-13 conducted, or was directly en route between the premises and the
10-14 actor's residence, if the weapon is a type commonly used in the
10-15 activity;
10-16 (5) a person who holds a security officer commission
10-17 issued by the Texas Board of Private Investigators and Private
10-18 Security Agencies, if:
10-19 (A) he is engaged in the performance of his
10-20 duties as a security officer or traveling to and from his place of
10-21 assignment;
10-22 (B) he is wearing a distinctive uniform; and
10-23 (C) the weapon is in plain view; <or>
10-24 (6) a peace officer, other than a person commissioned
10-25 by the Texas State Board of Pharmacy; or
10-26 (7) a person who holds a security officer commission
10-27 and a personal protection authorization issued by the Texas Board
10-28 of Private Investigators and Private Security Agencies and who is
10-29 providing personal protection under the Private Investigators and
10-30 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
10-31 Civil Statutes).
10-32 SECTION 16. Section 46.03(d), Penal Code, is amended to read
10-33 as follows:
10-34 (d) It is a defense to prosecution under Subsection (a)<(5)>
10-35 that the actor possessed a firearm or club while traveling to or
10-36 from the actor's place of assignment or in the actual discharge of
10-37 duties as:
10-38 (1) a peace officer;
10-39 (2) a member of the armed forces or national guard;
10-40 (3) a guard employed by a penal institution; <or>
10-41 (4) a security officer commissioned by the Texas Board
10-42 of Private Investigators and Private Security Agencies if:
10-43 (A) the actor is wearing a distinctive uniform;
10-44 and
10-45 (B) the firearm or club is in plain view; or
10-46 (5) a security officer who holds a personal protection
10-47 authorization under the Private Investigators and Private Security
10-48 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
10-49 SECTION 17. This Act takes effect September 1, 1995, except
10-50 that Section 10 of this Act takes effect March 1, 1996.
10-51 SECTION 18. (a) The change in law made by this Act applies
10-52 only to the punishment of an offense committed on or after the
10-53 effective date of this Act. For purposes of this section, an
10-54 offense is committed before the effective date of this Act if any
10-55 element of the offense occurs before the effective date.
10-56 (b) An offense committed before the effective date of this
10-57 Act is covered by the law in effect when the offense was committed,
10-58 and the former law is continued in effect for that purpose.
10-59 SECTION 19. The Texas Board of Private Investigators and
10-60 Private Security Agencies shall adopt rules and prescribe forms
10-61 under this Act not later than March 1, 1996.
10-62 SECTION 20. The importance of this legislation and the
10-63 crowded condition of the calendars in both houses create an
10-64 emergency and an imperative public necessity that the
10-65 constitutional rule requiring bills to be read on three several
10-66 days in each house be suspended, and this rule is hereby suspended.
10-67 * * * * *