By Carter H.B. No. 1448
74R4301 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain personal protection officers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Private Investigators and Private
1-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-6 Statutes), is amended by amending Subdivisions (3) and (4) and
1-7 adding Subdivisions (34) and (35) to read as follows:
1-8 (3) "Investigations company" means:
1-9 (A) any person who engages in the business or
1-10 accepts employment to obtain or furnish information with reference
1-11 to:
1-12 (i) <(a)> crime or wrongs done or
1-13 threatened against the United States of America or any state or
1-14 territory of the United States of America;
1-15 (ii) <(b)> the identity, habits, conduct,
1-16 business, occupation, honesty, integrity, credibility, knowledge,
1-17 trustworthiness, efficiency, loyalty, activity, movement,
1-18 whereabouts, affiliations, associations, transactions, acts,
1-19 reputation, or character of any person;
1-20 (iii) <(c)> the location, disposition, or
1-21 recovery of lost or stolen property;
1-22 (iv) <(d)> the cause or responsibility for
1-23 fires, libels, losses, accidents, damages or injuries to persons or
1-24 to property; or
2-1 (v) <(e)> the securing of evidence to be
2-2 used before any court, board, officer, or investigating committee;
2-3 or
2-4 (B) any person who engages in the business of or
2-5 accepts employment to protect one or more individuals from bodily
2-6 harm through the use of a personal protection officer.
2-7 (4) "Guard company" means any person engaging in the
2-8 business of or undertaking to provide a private watchman, guard, or
2-9 street patrol service on a contractual basis for another person and
2-10 performing any one or more of the following or similar functions:
2-11 (a) prevention of intrusion, entry, larceny,
2-12 vandalism, abuse, fire, or trespass on private property;
2-13 (b) prevention, observation, or detection of any
2-14 unauthorized activity on private property;
2-15 (c) control, regulation, or direction of the
2-16 flow or movements of the public, whether by vehicle or otherwise,
2-17 only to the extent and for the time directly and specifically
2-18 required to assure the protection of property; <or>
2-19 (d) protection of individuals from bodily harm;
2-20 or
2-21 (e) protection of one or more individuals from
2-22 bodily harm through the use of a personal protection officer.
2-23 (34) "Personal protection authorization" means an
2-24 authorization granted by the board to an individual who:
2-25 (A) meets the requirements of Section 14(d) of
2-26 this Act; and
2-27 (B) has been issued a security officer
3-1 commission to carry a concealed firearm.
3-2 (35) "Personal protection officer" means an individual
3-3 who provides personal protection from bodily harm to one or more
3-4 individuals under a security officer commission and a personal
3-5 protection officer authorization issued by the board.
3-6 SECTION 2. Section 14, Private Investigators and Private
3-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
3-8 Statutes), is amended by adding Subsections (d) and (e) to read as
3-9 follows:
3-10 (d) An applicant for a personal protection authorization:
3-11 (1) shall submit a written application for a personal
3-12 protection authorization on a form prescribed by the board;
3-13 (2) shall submit a current certificate of completion
3-14 of the basic security officer training course or a current
3-15 certificate of completion of an approved firearm 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; and
3-22 (5) must be at least 21 years of age.
3-23 (e) A personal protection authorization runs concurrently
3-24 with the dates of issuance and expiration of the security officer
3-25 commission under which the holder's authorization was issued.
3-26 SECTION 3. Section 17(a), Private Investigators and Private
3-27 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
4-1 Statutes), is amended to read as follows:
4-2 (a) If the General Appropriations Act does not specify the
4-3 amount of the fee, the board by rule shall establish reasonable and
4-4 necessary fees that produce funds sufficient for the administration
4-5 of this Act but that do not produce unnecessary fund balances and
4-6 do not exceed the following amounts:
4-7 Class A license $225
4-8 (original and renewal)
4-9 Class B license 225
4-10 (original and renewal)
4-11 Class C license 340
4-12 (original and renewal)
4-13 Reinstate suspended license 150
4-14 Assignment of license 150
4-15 Change name of license 75
4-16 Delinquency fee _____
4-17 Branch office certificate and renewal 150
4-18 Registration fee for private investigators, managers, 20
4-19 branch office managers, and alarm systems installers
4-20 (original and renewal)
4-21 Registration fee for noncommissioned security officer 35
4-22 Registration fee for security sales person 20
4-23 Registration fee for alarm systems monitor 20
4-24 Registration fee for dog trainer 20
4-25 Registration fee for owner, officer, partner, or 20
4-26 shareholder of a licensee
4-27 Registration fee for security consultants 55
5-1 Security officer commission fee 35
5-2 (original and renewal)
5-3 School instructor fee 100
5-4 (original and renewal)
5-5 School approval fee 250
5-6 (original and renewal)
5-7 Letter of authority fee for private businesses and 225
5-8 political subdivisions
5-9 (original and renewal)
5-10 FBI fingerprint check 25
5-11 Duplicate pocket card 10
5-12 Employee information update fee 15
5-13 Burglar alarm sellers renewal fee 25
5-14 Personal protection authorization 50
5-15 SECTION 4. Section 19(a), Private Investigators and Private
5-16 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
5-17 Statutes), is amended to read as follows:
5-18 (a) It is unlawful and punishable as provided in Section 44
5-19 of this Act:
5-20 (1) for an individual employed as a security officer
5-21 to knowingly carry a firearm during the course of performing his
5-22 duties as a security officer if the board has not issued him a
5-23 security officer commission under this section;
5-24 (2) for any person to hire or employ an individual or
5-25 for any individual to accept employment in the capacity of a
5-26 security officer to carry a firearm in the course and scope of his
5-27 duties unless the security officer is issued a security officer
6-1 commission by the board; <or>
6-2 (3) for a commissioned security officer to carry a
6-3 firearm unless:
6-4 (A) he is engaged in the performance of his
6-5 duties as a security officer or is engaged in traveling directly to
6-6 or from his place of assignment;
6-7 (B) he wears a distinctive uniform indicating
6-8 that he is a security officer; and
6-9 (C) the firearm is in plain view; or
6-10 (4) for a personal protection officer to carry a
6-11 concealed firearm unless the officer:
6-12 (A) has been issued a personal protection
6-13 authorization by the board;
6-14 (B) is engaged in the exclusive performance of
6-15 the officer's duties as a personal protection officer for the
6-16 employer under whom the officer's personal protection authorization
6-17 was issued; and
6-18 (C) carries the officer's security officer
6-19 commission and personal protection authorization on the officer's
6-20 person while performing the officer's duties as a personal
6-21 protection officer and presents the commission and authorization on
6-22 request.
6-23 SECTION 5. (a) This Act takes effect September 1, 1995,
6-24 except that Section 4 of this Act takes effect March 1, 1996.
6-25 (b) A person is not required to obtain a personal protection
6-26 authorization to act as a personal protection officer under the
6-27 Private Investigators and Private Security Agencies Act (Article
7-1 4413(29bb), Vernon's Texas Civil Statutes) as amended by this Act
7-2 until March 1, 1996.
7-3 (c) The Texas Board of Private Investigators and Private
7-4 Security Agencies shall adopt rules and prescribe forms under this
7-5 Act not later than January 1, 1996.
7-6 SECTION 6. The importance of this legislation and the
7-7 crowded condition of the calendars in both houses create an
7-8 emergency and an imperative public necessity that the
7-9 constitutional rule requiring bills to be read on three several
7-10 days in each house be suspended, and this rule is hereby suspended.