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.