74R11187 JMM-F
          By Carter                                             H.B. No. 1448
          Substitute the following for H.B. No. 1448:
          By Allen                                          C.S.H.B. No. 1448
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of certain security officers and
    1-3  personal protection officers.
    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) and (4) and
    1-8  adding Subdivisions (34) and (35) to read as follows:
    1-9              (3)  "Investigations company" means:
   1-10                    (A) any person who engages in the business or
   1-11  accepts employment to obtain or furnish information with reference
   1-12  to:
   1-13                          (i) <(a)>  crime or wrongs done or
   1-14  threatened against the United States of America or any state or
   1-15  territory of the United States of America;
   1-16                          (ii) <(b)>  the identity, habits, conduct,
   1-17  business, occupation, honesty, integrity, credibility, knowledge,
   1-18  trustworthiness, efficiency, loyalty, activity, movement,
   1-19  whereabouts, affiliations, associations, transactions, acts,
   1-20  reputation, or character of any person;
   1-21                          (iii) <(c)>  the location, disposition, or
   1-22  recovery of lost or stolen property;
   1-23                          (iv) <(d)>  the cause or responsibility for
   1-24  fires, libels, losses, accidents, damages or injuries to persons or
    2-1  to property; or
    2-2                          (v) <(e)>  the securing of evidence to be
    2-3  used before any court, board, officer, or investigating committee;
    2-4  or
    2-5                    (B)  any person who engages in the business of or
    2-6  accepts employment to protect one or more individuals from bodily
    2-7  harm through the use of a personal protection officer.
    2-8              (4)  "Guard company" means any person engaging in the
    2-9  business of or undertaking to provide a private watchman, guard, or
   2-10  street patrol service on a contractual basis for another person and
   2-11  performing any one or more of the following or similar functions:
   2-12                    (a)  prevention of intrusion, entry, larceny,
   2-13  vandalism, abuse, fire, or trespass on private property;
   2-14                    (b)  prevention, observation, or detection of any
   2-15  unauthorized activity on private property;
   2-16                    (c)  control, regulation, or direction of the
   2-17  flow or movements of the public, whether by vehicle or otherwise,
   2-18  only to the extent and for the time directly and specifically
   2-19  required to assure the protection of property; <or>
   2-20                    (d)  protection of individuals from bodily harm;
   2-21  or
   2-22                    (e)  protection of one or more individuals from
   2-23  bodily harm through the use of a personal protection officer.
   2-24              (34)  "Personal protection authorization" means an
   2-25  authorization granted by the board to an individual who:
   2-26                    (A)  meets the requirements of Section 14(d) of
   2-27  this Act; and
    3-1                    (B)  has been issued a security officer
    3-2  commission to carry a concealed firearm.
    3-3              (35)  "Personal protection officer" means an individual
    3-4  who provides personal protection from bodily harm to one or more
    3-5  individuals under a security officer commission and a personal
    3-6  protection officer authorization issued by the board.
    3-7        SECTION 2.  Section 14, Private Investigators and Private
    3-8  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
    3-9  Statutes), is amended by adding Subsections (d)-(g) to read as
   3-10  follows:
   3-11        (d)  An applicant for a personal protection authorization:
   3-12              (1)  shall submit a written application for a personal
   3-13  protection authorization on a form prescribed by the board;
   3-14              (2)  shall submit a current certificate of completion
   3-15  of the basic security officer training course;
   3-16              (3)  shall provide proof that the applicant is
   3-17  currently employed by an investigations company or guard company
   3-18  licensed by the board;
   3-19              (4)  may not have been convicted of an offense
   3-20  involving assault during the seven years preceding the date of the
   3-21  application;
   3-22              (5)  shall provide proof of completion and the results
   3-23  of the Minnesota Multiphasic Personality Inventory psychological
   3-24  testing as required by board rule;
   3-25              (6)  shall provide proof of training in nonlethal
   3-26  self-defense or defense of a third person; and
   3-27              (7)  must be at least 21 years of age.
    4-1        (e)  A personal protection authorization runs concurrently
    4-2  with the dates of issuance and expiration of the security officer
    4-3  commission under which the holder's authorization was issued.
    4-4        (f)  The board shall establish a 15-hour course for a
    4-5  personal protection officer consisting of training in nonlethal
    4-6  self-defense or the defense of a third person.  This training is in
    4-7  addition to the required basic security officer training course.
    4-8        (g)  The board by rule shall require an applicant for a
    4-9  personal protection officer authorization to complete the Minnesota
   4-10  Multiphasic Personality Inventory test.  The board may use the
   4-11  results of the test to evaluate the psychological fitness of the
   4-12  applicant.
   4-13        SECTION 3.  Section 17(a), Private Investigators and Private
   4-14  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
   4-15  Statutes), is amended to read as follows:
   4-16        (a)  If the General Appropriations Act does not specify the
   4-17  amount of the fee, the board by rule shall establish reasonable and
   4-18  necessary fees that produce funds sufficient for the administration
   4-19  of this Act but that do not produce unnecessary fund balances and
   4-20  do not exceed the following amounts:
   4-21      Class A license                                            $225
   4-22      (original and renewal)
   4-23      Class B license                                             225
   4-24      (original and renewal)
   4-25      Class C license                                             340
   4-26      (original and renewal)
   4-27      Reinstate suspended license                                 150
    5-1      Assignment of license                                       150
    5-2      Change name of license                                       75
    5-3      Delinquency fee                                           _____
    5-4      Branch office certificate and renewal                       150
    5-5      Registration fee for private investigators, managers,        20
    5-6      branch office managers, and alarm systems installers
    5-7      (original and renewal)
    5-8      Registration fee for noncommissioned security officer        35
    5-9      Registration fee for security sales person                   20
   5-10      Registration fee for alarm systems monitor                   20
   5-11      Registration fee for dog trainer                             20
   5-12      Registration fee for owner, officer, partner, or             20
   5-13      shareholder of a licensee
   5-14      Registration fee for security consultants                    55
   5-15      Security officer commission fee                              35
   5-16      (original and renewal)
   5-17      School instructor fee                                       100
   5-18      (original and renewal)
   5-19      School approval fee                                         250
   5-20      (original and renewal)
   5-21      Letter of authority fee for private businesses and          225
   5-22      political subdivisions
   5-23      (original and renewal)
   5-24      FBI fingerprint check                                        25
   5-25      Duplicate pocket card                                        10
   5-26      Employee information update fee                              15
   5-27      Burglar alarm sellers renewal fee                            25
    6-1      Personal protection authorization                            50
    6-2        SECTION 4.  Section 19(a), Private Investigators and Private
    6-3  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
    6-4  Statutes), is amended to read as follows:
    6-5        (a)  It is unlawful and punishable as provided in Section 44
    6-6  of this Act:
    6-7              (1)  for an individual employed as a security officer
    6-8  to knowingly carry a firearm during the course of performing his
    6-9  duties as a security officer if the board has not issued him a
   6-10  security officer commission under this section;
   6-11              (2)  for any person to hire or employ an individual or
   6-12  for any individual to accept employment in the capacity of a
   6-13  security officer to carry a firearm in the course and scope of his
   6-14  duties unless the security officer is issued a security officer
   6-15  commission by the board; <or>
   6-16              (3)  for a commissioned security officer to carry a
   6-17  firearm unless:
   6-18                    (A)  he is engaged in the performance of his
   6-19  duties as a security officer or is engaged in traveling directly to
   6-20  or from his place of assignment;
   6-21                    (B)  he wears a distinctive uniform indicating
   6-22  that he is a security officer; and
   6-23                    (C)  the firearm is in plain view;  or
   6-24              (4)  for a personal protection officer to carry a
   6-25  concealed firearm unless the officer:
   6-26                    (A)  has been issued a personal protection
   6-27  authorization by the board;
    7-1                    (B)  is engaged in the exclusive performance of
    7-2  the officer's duties as a personal protection officer for the
    7-3  employer under whom the officer's personal protection authorization
    7-4  was issued; and
    7-5                    (C)  carries the officer's security officer
    7-6  commission and personal protection authorization on the officer's
    7-7  person while performing the officer's duties as a personal
    7-8  protection officer and presents the commission and authorization on
    7-9  request.
   7-10        SECTION 5.  Section 46.02(b), Penal Code, is amended to read
   7-11  as follows:
   7-12        (b)  It is a defense to prosecution under this section that
   7-13  the actor was, at the time of the commission of the offense:
   7-14              (1)  in the actual discharge of his official duties as
   7-15  a member of the armed forces or state military forces as defined by
   7-16  Section 431.001, Government Code, or as a guard employed by a penal
   7-17  institution;
   7-18              (2)  on his own premises or premises under his control
   7-19  unless he is an employee or agent of the owner of the premises and
   7-20  his primary responsibility is to act in the capacity of a security
   7-21  guard to protect persons or property, in which event he must comply
   7-22  with Subdivision (5);
   7-23              (3)  traveling;
   7-24              (4)  engaging in lawful hunting, fishing, or other
   7-25  sporting activity on the immediate premises where the activity is
   7-26  conducted, or was directly en route between the premises and the
   7-27  actor's residence, if the weapon is a type commonly used in the
    8-1  activity;
    8-2              (5)  a person who holds a security officer commission
    8-3  issued by the Texas Board of Private Investigators and Private
    8-4  Security Agencies, if:
    8-5                    (A)  he is engaged in the performance of his
    8-6  duties as a security officer or traveling to and from his place of
    8-7  assignment;
    8-8                    (B)  he is wearing a distinctive uniform; and
    8-9                    (C)  the weapon is in plain view; <or>
   8-10              (6)  a peace officer, other than a person commissioned
   8-11  by the Texas State Board of Pharmacy; or
   8-12              (7)  a person who holds a security officer commission
   8-13  and a personal protection authorization issued by the Texas Board
   8-14  of Private Investigators and Private Security Agencies and who is
   8-15  providing personal protection under the Private Investigators and
   8-16  Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
   8-17  Civil Statutes).
   8-18        SECTION 6.  Section 46.03(d), Penal Code, is amended to read
   8-19  as follows:
   8-20        (d)  It is a defense to prosecution under Subsection (a)(5)
   8-21  that the actor possessed a firearm or club while traveling to or
   8-22  from the actor's place of assignment or in the actual discharge of
   8-23  duties as:
   8-24              (1)  a peace officer;
   8-25              (2)  a member of the armed forces or national guard;
   8-26              (3)  a guard employed by a penal institution; <or>
   8-27              (4)  a security officer commissioned by the Texas Board
    9-1  of Private Investigators and Private Security Agencies if:
    9-2                    (A)  the actor is wearing a distinctive uniform;
    9-3  and
    9-4                    (B)  the firearm or club is in plain view; or
    9-5              (5)  a security officer who holds a personal protection
    9-6  authorization under the Private Investigators and Private Security
    9-7  Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
    9-8        SECTION 7.  (a) This Act takes effect September 1, 1995,
    9-9  except that Section 4 of this Act takes effect March 1, 1996.
   9-10        (b)  A person is not required to obtain a personal protection
   9-11  authorization to act as a personal protection officer under the
   9-12  Private Investigators and Private Security Agencies Act (Article
   9-13  4413(29bb), Vernon's Texas Civil Statutes), as amended by this Act,
   9-14  until March 1, 1996.
   9-15        (c)  The Texas Board of Private Investigators and Private
   9-16  Security Agencies shall adopt rules and prescribe forms under this
   9-17  Act not later than January 1, 1996.
   9-18        SECTION 8.  The importance of this legislation and the
   9-19  crowded condition of the calendars in both houses create an
   9-20  emergency and an imperative public necessity that the
   9-21  constitutional rule requiring bills to be read on three several
   9-22  days in each house be suspended, and this rule is hereby suspended.