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.