74R11241 CAG-F
          By Allen                                              H.B. No. 2910
          Substitute the following for H.B. No. 2910:
          By Allen                                          C.S.H.B. No. 2910
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the receipt and use of criminal history information by
    1-3  the Texas Board of Private Investigators and Private Security
    1-4  Agencies.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  The Private Investigators and Private Security
    1-7  Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
    1-8  amended by adding Section 39A to read as follows:
    1-9        Sec. 39A.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE BASED
   1-10  ON CRIMINAL HISTORY BACKGROUND CHECK.  (a)  The board may obtain
   1-11  any criminal history record relating to an applicant for a license
   1-12  or a license holder regulated under this Act that is maintained by
   1-13  the Department of Public Safety and the Federal Bureau of
   1-14  Investigation.  The board shall deny an application for a person
   1-15  who does not provide two complete sets of fingerprints on forms
   1-16  prescribed by the board or fails to pay any required fee under this
   1-17  section.
   1-18        (b)  The board shall suspend a license, registration,
   1-19  security officer commission, letter of approval, or permit issued
   1-20  to an individual under this Act if the board receives written
   1-21  notification from the Department of Public Safety or any other law
   1-22  enforcement agency that the individual has been arrested for or
   1-23  charged with a felony or a misdemeanor involving moral turpitude.
    2-1        (c)  The board shall deny an application for a license,
    2-2  registration, security officer commission, letter of approval, or
    2-3  permit for an individual if the board receives written notification
    2-4  from the Department of Public Safety or any other law enforcement
    2-5  agency that the individual has been arrested for or charged with a
    2-6  felony or a misdemeanor involving moral turpitude.
    2-7        (d)  A license, security officer commission, registration,
    2-8  letter of approval, or permit is conditional on the board's receipt
    2-9  of criminal history information from the Department of Public
   2-10  Safety and shall be denied, suspended, or revoked if the board
   2-11  receives information from the Federal Bureau of Investigation or
   2-12  any other law enforcement agency that the individual or applicant
   2-13  has a record of having committed a criminal offense.
   2-14        SECTION 2.  This Act takes effect September 1, 1995.
   2-15        SECTION 3.  This Act applies only to an arrest for or charge
   2-16  of a felony or a misdemeanor involving moral turpitude that occurs
   2-17  on or after the effective date of this Act.  An arrest for or
   2-18  charge of a felony or a misdemeanor involving moral turpitude that
   2-19  occurs before the effective date of this Act is governed by The
   2-20  Private Investigators and Private Security Agencies Act (Article
   2-21  4413(29bb), Vernon's Texas Civil Statutes) as it existed on the
   2-22  date of the arrest or charge, and the former law is continued in
   2-23  effect for that purpose.
   2-24        SECTION 4.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.