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.