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.