By Oakley H.B. No. 2615
74R3566 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing, regulation, and liability of
1-3 commissioned and noncommissioned security officers and private
1-4 security agencies; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3(a), Private Investigators and Private
1-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-8 Statutes), is amended to read as follows:
1-9 (a) This Act does not apply to:
1-10 (1) a person employed exclusively and regularly by one
1-11 employer in connection with the affairs of an employer only and
1-12 where there exists an employer-employee relationship; provided,
1-13 however, any person who shall carry a firearm in the course of his
1-14 employment shall be required to obtain a private security officer
1-15 commission under the provisions of this Act;
1-16 (2) except as provided by Subsection (d) of this
1-17 Section, an officer or employee of the United States of America, or
1-18 of this State or political subdivision of either, while the
1-19 employee or officer is engaged in the performance of official
1-20 duties;
1-21 (3) a person who has full-time employment as a peace
1-22 officer as defined by Article 2.12, Code of Criminal Procedure, who
1-23 receives compensation for private employment on an individual or an
1-24 independent contractor basis as a patrolman, guard, or watchman if
2-1 such person is:
2-2 (A) employed in an employee-employer
2-3 relationship; or
2-4 (B) employed on an individual contractual basis;
2-5 (C) not in the employ of another peace officer;
2-6 and
2-7 (D) not a reserve peace officer;
2-8 (4) a person engaged exclusively in the business of
2-9 obtaining and furnishing information for purposes of credit
2-10 worthiness or collecting debts or ascertaining the financial
2-11 responsibility of applicants for property insurance and for
2-12 indemnity or surety bonds, with respect to persons, firms, and
2-13 corporations;
2-14 (5) an attorney engaged in the practice of law or an
2-15 employee of the attorney or the attorney's law firm who is only
2-16 employed and paid by the attorney or law firm <attorney-at-law in
2-17 performing his duties>;
2-18 (6) admitted insurers, insurance adjusters, agents,
2-19 and insurance brokers licensed by the State, performing duties in
2-20 connection with insurance transacted by them;
2-21 (7) a person who engages exclusively in the business
2-22 of repossessing property that is secured by a mortgage or other
2-23 security interest;
2-24 (8) a locksmith who does not install or service
2-25 detection devices, does not conduct investigations, and is not a
2-26 security service contractor;
2-27 (9) a person who owns and installs burglar detection
3-1 or alarm devices on his own property or, if he does not charge for
3-2 the device or its installation, installs it for the protection of
3-3 his personal property located on another's property, and does not
3-4 install the devices as a normal business practice on the property
3-5 of another;
3-6 (10) an employee of a cattle association who is
3-7 engaged in inspection of brands of livestock under the authority
3-8 granted to that cattle association by the Packers and Stockyards
3-9 Division of the United States Department of Agriculture;
3-10 (11) the provisions of this Act shall not apply to
3-11 common carriers by rail engaged in interstate commerce and
3-12 regulated by state and federal authorities and transporting
3-13 commodities essential to the national defense and to the general
3-14 welfare and safety of the community;
3-15 (12) a registered professional engineer practicing in
3-16 accordance with the provisions of the Texas Engineering Practice
3-17 Act that does not install or service detection devices, does not
3-18 conduct investigations, and is not a security services contractor;
3-19 (13) a person whose sale of burglar alarm signal
3-20 devices, burglary alarms, television cameras, still cameras, or
3-21 other electrical, mechanical, or electronic devices used for
3-22 preventing or detecting burglary, theft, shoplifting, pilferage, or
3-23 other losses is exclusively over-the-counter or by mail order;
3-24 (14) a person who holds a license or other form of
3-25 permission issued by an incorporated city or town to practice as an
3-26 electrician and who installs fire or smoke detectors in no building
3-27 other than a single family or multifamily residence;
4-1 (15) a person or organization in the business of
4-2 building construction that installs electrical wiring and devices
4-3 that may include in part the installation of a burglar alarm or
4-4 detection device if:
4-5 (A) the person or organization is a party to a
4-6 contract that provides that the installation will be performed
4-7 under the direct supervision of and inspected and certified by a
4-8 person or organization licensed to install and certify such an
4-9 alarm or detection device and that the licensee assumes full
4-10 responsibility for the installation of the alarm or detection
4-11 device; and
4-12 (B) the person or organization does not service
4-13 or maintain burglar alarms or detection devices;
4-14 (16) a reserve peace officer while the reserve officer
4-15 is performing guard, patrolman, or watchman duties for a county and
4-16 is being compensated solely by that county;
4-17 (17) response to a burglar alarm or detection device
4-18 by a law enforcement agency or by a law enforcement officer acting
4-19 in an official capacity;
4-20 (18) a person who, by education, experience, or
4-21 background has specialized expertise or knowledge such as that
4-22 which would qualify or tend to qualify such person as an expert
4-23 witness, authorized to render opinions in proceedings conducted in
4-24 a court, administrative agency, or governing body of this state or
4-25 of the United States, in accordance with applicable rules and
4-26 regulations and who does not perform any other service for which a
4-27 license is required by provisions of this Act;
5-1 (19) an officer, employee, or agent of a common
5-2 carrier, as defined by Section 153(h), Communications Act of 1934
5-3 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
5-4 user of the carrier's long-distance services from a fraudulent,
5-5 unlawful, or abusive use of those long-distance services;
5-6 (20) a person who sells or installs automobile burglar
5-7 alarm devices;
5-8 (21) a manufacturer, or a manufacturer's authorized
5-9 distributor, who sells to the holder of a license under this Act
5-10 equipment used in the operations for which the holder is required
5-11 to be licensed;
5-12 (22) a person employed as a noncommissioned security
5-13 officer by a political subdivision of this state;
5-14 (23) a person whose activities are regulated under
5-15 Article 5.43-2, Insurance Code, except to the extent that those
5-16 activities are specifically regulated under this Act;
5-17 (24) a landman performing activities in the course and
5-18 scope of the landman's business;
5-19 (25) a hospital or a wholly owned subsidiary or
5-20 affiliate of a hospital that provides medical alert services for
5-21 persons who are sick or disabled, if the hospital, subsidiary, or
5-22 affiliate is licensed under Chapter 241, Health and Safety Code,
5-23 and the hospital does not perform any other service that requires a
5-24 license under this Act;
5-25 (26) a charitable, nonprofit organization that
5-26 provides medical alert services for persons who are sick or
5-27 disabled, if the organization:
6-1 (A) is exempt from taxation under Section
6-2 501(c)(3), Internal Revenue Code of 1986;
6-3 (B) has its monitoring services provided by a
6-4 licensed person or hospital or a wholly owned subsidiary or
6-5 affiliate of a hospital licensed under Chapter 241, Health and
6-6 Safety Code; and
6-7 (C) does not perform any other service that
6-8 requires a license under this Act;
6-9 (27) a person engaged in the business of electronic
6-10 monitoring of a person as a condition of that person's probation,
6-11 parole, mandatory supervision, or release on bail, if the person
6-12 does not perform any other service that requires a license under
6-13 this Act;
6-14 (28) a nonprofit business or civic organization that:
6-15 (A) employs one or more peace officers meeting
6-16 the qualifications of Subdivision (3) of this subsection as
6-17 patrolmen, guards, or watchmen;
6-18 (B) provides the services of these peace
6-19 officers only to:
6-20 (i) its members; or
6-21 (ii) if the organization does not have
6-22 members, the members of the communities served by the organization
6-23 as described in its articles of incorporation or other
6-24 organizational documents;
6-25 (C) devotes the net receipts from all charges
6-26 for the services exclusively to the cost of providing the services
6-27 or to the costs of other services for the enhancement of the
7-1 security or safety of:
7-2 (i) its members; or
7-3 (ii) if the organization does not have
7-4 members, the members of the communities served by the organization
7-5 as described in its articles of incorporation or other
7-6 organizational documents; and
7-7 (D) does not perform any other service that
7-8 requires a license under this Act;
7-9 (29) a charitable, nonprofit organization that
7-10 maintains a system of records to aid in the location of missing
7-11 children if the organization:
7-12 (A) is exempt from federal taxation under
7-13 Section 501(c)(3), Internal Revenue Code of 1986, and its
7-14 subsequent amendments;
7-15 (B) exclusively provides services related to
7-16 locating missing children; and
7-17 (C) does not perform any other service that
7-18 requires a license under this Act; or
7-19 (30) a person engaged in the business of psychological
7-20 testing or other testing and interviewing services (to include but
7-21 not limited to attitudes, honesty, intelligence, personality, and
7-22 skills) for preemployment purposes, if the person does not perform
7-23 any other service that requires a license under this Act.
7-24 SECTION 2. Section 11(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 (a) The board shall have the following powers and duties:
8-1 (1) to determine the qualifications of licensees,
8-2 registrants, and commissioned security officers as provided in this
8-3 Act;
8-4 (2) to investigate alleged violations of the
8-5 provisions of this Act and of any rules and regulations adopted by
8-6 the board;
8-7 (3) to promulgate all rules and regulations necessary
8-8 in carrying out the provisions of this Act; and
8-9 (4) to establish and enforce standards governing the
8-10 safety and conduct of persons licensed, registered, or <and>
8-11 commissioned under the provisions of this Act.
8-12 SECTION 3. Subchapter C, Private Investigators and Private
8-13 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
8-14 Statutes), is amended by adding Sections 19A and 19B to read as
8-15 follows:
8-16 Sec. 19A. TRAINING REQUIREMENTS FOR REGISTRATION AS SECURITY
8-17 OFFICER. (a) An applicant for registration as a security officer
8-18 shall complete:
8-19 (1) eight hours of classroom instruction approved by
8-20 the board; and
8-21 (2) four hours of apprentice training under the
8-22 supervision of a registered security officer at a place where a
8-23 security officer routinely patrols.
8-24 (b) The classroom instruction shall include instruction in:
8-25 (1) the legal powers and authority of a security
8-26 officer, including instruction in the laws of arrest, search and
8-27 seizure, and the use of force by a security officer;
9-1 (2) the detection and reporting of fire and safety
9-2 risks;
9-3 (3) communicating with and notifying public safety
9-4 agencies;
9-5 (4) techniques for observing and reporting security
9-6 disturbances, including field note taking and report writing;
9-7 (5) patrolling techniques; and
9-8 (6) the code of conduct and ethics applicable to a
9-9 security officer.
9-10 (c) To be registered as a security officer, an applicant
9-11 must complete the training described in Subsection (a) of this
9-12 section and pass a written examination. The examination shall be
9-13 prepared or approved by the board. An examination required for
9-14 registration as a security officer must be validated by an
9-15 independent testing professional.
9-16 (d) The board shall adopt rules necessary to administer the
9-17 provisions of this section concerning the training requirements of
9-18 this Act.
9-19 Sec. 19B. ADDITIONAL REQUIREMENTS FOR COMMISSIONED SECURITY
9-20 OFFICER. (a) In addition to the completion of the training
9-21 requirements in Section 19A of this Act, a security officer may not
9-22 carry a firearm or other weapon unless the officer has received a
9-23 security officer commission and has:
9-24 (1) completed 15 hours of firearms instruction,
9-25 including instruction in marksmanship, limitations on the use of a
9-26 firearm, and firearm handling, safety, and maintenance;
9-27 (2) attained a satisfactory grade on a written
10-1 examination on the issues covered in the instruction required by
10-2 Section 19A of this Act and this section; and
10-3 (3) attained a marksmanship qualification score of not
10-4 less than 70 percent on a silhouette target course approved by a
10-5 state regulatory agency.
10-6 (b) The written examination required by this section shall
10-7 be prepared or approved by the board and may be offered at the same
10-8 time as the examination required by Section 19A of this Act.
10-9 (c) The board may approve a course of instruction in the use
10-10 of other weapons. If a security officer completes the course of
10-11 instruction in the use of other weapons, the commissioned security
10-12 officer may carry the other weapon under the same restrictions that
10-13 apply to a commissioned security officer carrying a firearm.
10-14 (d) The board may impose other physical or mental standards
10-15 as a requirement for carrying a firearm or other weapon.
10-16 (e) Only a school approved by the board may offer firearms
10-17 or other weapon training described by this section.
10-18 SECTION 4. Section 32(a), Private Investigators and Private
10-19 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
10-20 Statutes), is amended to read as follows:
10-21 (a) An individual who is employed as a private investigator,
10-22 manager, branch office manager, alarm systems installer,
10-23 <noncommissioned> security officer, private security consultant,
10-24 security sales person, alarm systems monitor, or dog trainer, or
10-25 who is an owner, officer, partner, or shareholder of a licensee,
10-26 must register with the board as provided by board rule.
10-27 SECTION 5. Section 36, Private Investigators and Private
11-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
11-2 Statutes), is amended by amending Subsection (a) and adding
11-3 Subsection (c) to read as follows:
11-4 (a) A pocket card issued to a noncommissioned security
11-5 officer shall be issued to the individual employee and is valid for
11-6 four years. A pocket card issued to a commissioned security
11-7 officer shall be issued to the individual employee and is valid for
11-8 two years. A pocket card issued to any other individual registered
11-9 under Section 32 of this Act shall be issued to the individual's
11-10 employer and is valid for two years. The pocket card must state
11-11 the name of the individual who is registered.
11-12 (c) A pocket card issued by the board shall contain a
11-13 designation showing whether a security officer may carry a firearm
11-14 or other weapon. A new pocket card shall be issued each time a
11-15 security officer obtains a new weapon designation.
11-16 SECTION 6. Sections 37(b) and (c), Private Investigators and
11-17 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
11-18 Civil Statutes), are amended to read as follows:
11-19 (b) An individual who terminates his position as a
11-20 <noncommissioned> security officer may retain the pocket card for
11-21 use in future employment as provided by Subsection (c) of this
11-22 section.
11-23 (c) An individual who is registered as a <noncommissioned>
11-24 security officer may transfer the registration from one employer to
11-25 another employer if, not later than the 10th day after the date on
11-26 which the registrant begins new employment, the new employer
11-27 notifies the board of the transfer of employment on a form
12-1 prescribed by the board accompanied by the employee information
12-2 update fee.
12-3 SECTION 7. Section 38(c), Private Investigators and Private
12-4 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-5 Statutes), is amended to read as follows:
12-6 (c) If the employee was registered as a <noncommissioned>
12-7 security officer, the employee may retain the pocket card for use
12-8 in future employment.
12-9 SECTION 8. Section 44(c), Private Investigators and Private
12-10 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-11 Statutes), is amended to read as follows:
12-12 (c) Any person who violates any provision of this Act for
12-13 which a specific penalty is not prescribed commits an offense. An
12-14 offense under this subsection is a felony of the third
12-15 degree <Class A misdemeanor>.
12-16 SECTION 9. Subchapter D, Private Investigators and Private
12-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-18 Statutes), is amended by adding Section 52 to read as follows:
12-19 Sec. 52. LIMITATIONS ON TORT LIABILITY. (a) A person may
12-20 not recover damages from a security services contractor in a civil
12-21 suit for a cause of action arising from the negligent hiring or
12-22 negligent training of a security officer if the security services
12-23 contractor was, at the time of the injury, in compliance with the
12-24 provisions of this Act and any security officer involved in the
12-25 acts giving rise to the cause of action was trained under the
12-26 provisions of this Act.
12-27 (b) The limit of liability for all noneconomic losses
13-1 recoverable by or on behalf of an injured person from a security
13-2 services contractor in a civil suit arising from a cause of action
13-3 based on a claim other than negligent supervision or negligent
13-4 training is $250,000, if the security services contractor was in
13-5 compliance with the provisions of this Act at the time the cause
13-6 of action arose and any security officer involved in the incident
13-7 giving rise to the suit was trained and registered under this Act.
13-8 (c) This section does not limit the liability in a suit in
13-9 which the action of a security services contractor is grossly
13-10 negligent.
13-11 (d) This section only provides a limit on liability arising
13-12 from an act directly related to the provision of a service for
13-13 which a license is required under this Act.
13-14 SECTION 10. Section 20, Private Investigators and Private
13-15 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
13-16 Statutes), is repealed.
13-17 SECTION 11. This Act takes effect September 1, 1995.
13-18 SECTION 12. (a) The change in law made by this Act applies
13-19 only to the punishment of an offense committed on or after the
13-20 effective date of this Act. For purposes of this section, an
13-21 offense is committed before the effective date of this Act if any
13-22 element of the offense occurs before the effective date.
13-23 (b) An offense committed before the effective date of this
13-24 Act is covered by the law in effect when the offense was committed,
13-25 and the former law is continued in effect for that purpose.
13-26 SECTION 13. The importance of this legislation and the
13-27 crowded condition of the calendars in both houses create an
14-1 emergency and an imperative public necessity that the
14-2 constitutional rule requiring bills to be read on three several
14-3 days in each house be suspended, and this rule is hereby suspended.