By Carter H.B. No. 2958
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of private investigators and private
1-3 security agencies; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Private Investigators and Private
1-6 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-7 Statutes), is amended by amending Subdivisions (3), (5), and (31)
1-8 and by adding Subdivisions (34) and (35) to read as follows:
1-9 (3) "Investigations company" means any person who
1-10 engages in the business or accepts employment to obtain or furnish
1-11 information with reference to:
1-12 (a) crime or wrongs done or threatened against
1-13 the United States of America or any state or territory of the
1-14 United States of America;
1-15 (b) the identity, habits, conduct, business,
1-16 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 (c) the location, disposition, or recovery of
1-21 lost or stolen property;
1-22 (d) the cause or responsibility for fires,
1-23 libels, losses, accidents, damages or injuries to persons or to
2-1 property; <or>
2-2 (e) the securing of evidence to be used before
2-3 any court, board, officer, or investigating committee; or
2-4 (f) the electronic tracking of the location of
2-5 an individual or motor vehicle.
2-6 (5) "Alarm systems company" means any person that
2-7 sells, installs, services, monitors, or responds to burglar alarm
2-8 signal devices, detection devices, burglar alarms, robbery alarms,
2-9 television cameras, still cameras or any other electrical,
2-10 mechanical, or electronic device used:
2-11 (A) to prevent or detect burglary, theft,
2-12 robbery, shoplifting, pilferage, shrinkage, or other losses of that
2-13 type;
2-14 (B) to prevent or detect intrusion; or
2-15 (C) primarily to detect or summon aid for other
2-16 emergencies.
2-17 (31) "Alarm systems monitor" means an individual who
2-18 monitors burglar alarm signal devices, detection devices, burglar
2-19 alarms, robbery alarms, television cameras, still cameras, or any
2-20 other electrical, mechanical, or electronic device used to prevent
2-21 or detect burglary, theft, robbery, shoplifting, pilferage,
2-22 shrinkage, or similar losses, used to prevent or detect intrusion,
2-23 or used primarily to summon aid for other emergencies. The term
2-24 does not include a person employed exclusively and regularly by an
2-25 employer other than a licensee in connection with the affairs of
3-1 that employer, and with whom the person has an employee-employer
3-2 relationship.
3-3 (34) "Detection device" means an electronic device
3-4 that is part of a burglar or holdup alarm, including a control or
3-5 communication device, door or window switch, motion, sound, or
3-6 vibration detector, light beam, pressure mat, wiring or similar
3-7 device, or any other electronic device used to limit access by a
3-8 person to a building, gate, or other structure, including a card or
3-9 proximity reader, push button key pad entry or gate entry device,
3-10 door exit button, or other similar device.
3-11 (35) "Animal cruelty investigator" means an individual
3-12 who investigates animal cruelty and related offenses and who is
3-13 certified by the board under Section 14C of this Act.
3-14 SECTION 2. Section 3(a), Private Investigators and Private
3-15 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
3-16 Statutes), is amended to read as follows:
3-17 (a) This Act does not apply to:
3-18 (1) a person employed exclusively and regularly by one
3-19 employer in connection with the affairs of an employer only and
3-20 where there exists an employer-employee relationship; provided,
3-21 however, any person who shall carry a firearm in the course of his
3-22 employment shall be required to obtain a private security officer
3-23 commission under the provisions of this Act;
3-24 (2) except as provided by Subsection (d) of this
3-25 Section, an officer or employee of the United States of America, or
4-1 of this State or political subdivision of either, while the
4-2 employee or officer is engaged in the performance of official
4-3 duties;
4-4 (3) a person who is <has full time employment as> a
4-5 peace officer as defined by Article 2.12, Code of Criminal
4-6 Procedure, who receives compensation for private employment on an
4-7 individual or an independent contractor basis as a patrolman,
4-8 guard, or watchman if such person is<:>
4-9 <(A)> employed in an employee-employer
4-10 relationship<;> or
4-11 <(B) employed> on an individual contractual
4-12 basis and is<;>
4-13 <(C)> not in the employ of another peace
4-14 officer, except that:
4-15 (A) a reserve law enforcement officer who, while
4-16 serving as an officer, may not work more hours in off-duty
4-17 employment in a calendar month than the officer worked in the
4-18 actual discharge of his duties as a reserve law enforcement officer
4-19 in an average calendar month, as determined by the preceding
4-20 quarter of the fiscal year; and
4-21 (B) the reserve law enforcement officer's
4-22 commissioning officer shall certify the reserve law enforcement
4-23 officer's compliance with Paragraph (A)<; and>
4-24 <(D) not a reserve peace officer>;
4-25 (4) a person engaged exclusively in the business of
5-1 obtaining and furnishing information for purposes of credit
5-2 worthiness or collecting debts or ascertaining the financial
5-3 responsibility of applicants for property insurance and for
5-4 indemnity or surety bonds, with respect to persons, firms, and
5-5 corporations;
5-6 (5) an attorney-at-law in performing his duties;
5-7 (6) admitted insurers, insurance adjusters, agents,
5-8 and insurance brokers licensed by the State, performing duties in
5-9 connection with insurance transacted by them;
5-10 (7) a person who engages exclusively in the business
5-11 of repossessing property that is secured by a mortgage or other
5-12 security interest;
5-13 (8) a locksmith who does not install or service
5-14 detection devices, does not conduct investigations, and is not a
5-15 security service contractor;
5-16 (9) a person who owns and installs burglar detection
5-17 or alarm devices on his own property or, if he does not charge for
5-18 the device or its installation, installs it for the protection of
5-19 his personal property located on another's property, and does not
5-20 install the devices as a normal business practice on the property
5-21 of another;
5-22 (10) an employee of a cattle association who is
5-23 engaged in inspection of brands of livestock under the authority
5-24 granted to that cattle association by the Packers and Stockyards
5-25 Division of the United States Department of Agriculture;
6-1 (11) the provisions of this Act shall not apply to
6-2 common carriers by rail engaged in interstate commerce and
6-3 regulated by state and federal authorities and transporting
6-4 commodities essential to the national defense and to the general
6-5 welfare and safety of the community;
6-6 (12) a registered professional engineer practicing in
6-7 accordance with the provisions of the Texas Engineering Practice
6-8 Act that does not install or service detection devices, does not
6-9 conduct investigations, and is not a security services contractor;
6-10 (13) a person whose sale of burglar alarm signal
6-11 devices, burglary alarms, television cameras, still cameras, or
6-12 other electrical, mechanical, or electronic devices used for
6-13 preventing or detecting burglary, theft, shoplifting, pilferage, or
6-14 other losses is exclusively over-the-counter or by mail order;
6-15 (14) a person who holds a license or other form of
6-16 permission issued by an incorporated city or town to practice as an
6-17 electrician and who installs fire or smoke detectors in no building
6-18 other than a single family or multifamily residence;
6-19 (15) a person or organization in the business of
6-20 building construction that installs electrical wiring and devices
6-21 that may include in part the installation of a burglar alarm or
6-22 detection device if:
6-23 (A) the person or organization is a party to a
6-24 contract that provides that the installation will be performed
6-25 under the direct supervision of and inspected and certified by a
7-1 person or organization licensed to install and certify such an
7-2 alarm or detection device and that the licensee assumes full
7-3 responsibility for the installation of the alarm or detection
7-4 device; and
7-5 (B) the person or organization does not service
7-6 or maintain burglar alarms or detection devices;
7-7 (16) a reserve peace officer while the reserve officer
7-8 is performing guard, patrolman, or watchman duties for a county and
7-9 is being compensated solely by that county;
7-10 (17) response to a burglar alarm or detection device
7-11 by a law enforcement agency or by a law enforcement officer acting
7-12 in an official capacity;
7-13 (18) a person who, by education, experience, or
7-14 background has specialized expertise or knowledge such as that
7-15 which would qualify or tend to qualify such person as an expert
7-16 witness, authorized to render opinions in proceedings conducted in
7-17 a court, administrative agency, or governing body of this state or
7-18 of the United States, in accordance with applicable rules and
7-19 regulations and who does not perform any other service for which a
7-20 license is required by provisions of this Act;
7-21 (19) an officer, employee, or agent of a common
7-22 carrier, as defined by Section 153(h), Communications Act of 1934
7-23 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
7-24 user of the carrier's long-distance services from a fraudulent,
7-25 unlawful, or abusive use of those long-distance services;
8-1 (20) a person who sells or installs automobile burglar
8-2 alarm devices and who does not perform any other act requiring a
8-3 license under this Act;
8-4 (21) a manufacturer, or a manufacturer's authorized
8-5 distributor, who sells to the holder of a license under this Act
8-6 equipment used in the operations for which the holder is required
8-7 to be licensed;
8-8 (22) a person employed as a noncommissioned security
8-9 officer by a political subdivision of this state;
8-10 (23) a person whose activities are regulated under
8-11 Article 5.43-2, Insurance Code, except to the extent that those
8-12 activities are specifically regulated under this Act;
8-13 (24) a landman performing activities in the course and
8-14 scope of the landman's business;
8-15 (25) a hospital or a wholly owned subsidiary or
8-16 affiliate of a hospital that provides medical alert services for
8-17 persons who are sick or disabled, if the hospital, subsidiary, or
8-18 affiliate is licensed under Chapter 241, Health and Safety Code,
8-19 and the hospital does not perform any other service that requires a
8-20 license under this Act;
8-21 (26) a charitable, nonprofit organization that
8-22 provides medical alert services for persons who are sick or
8-23 disabled, if the organization:
8-24 (A) is exempt from taxation under Section
8-25 501(c)(3), Internal Revenue Code of 1986;
9-1 (B) has its monitoring services provided by a
9-2 licensed person or hospital or a wholly owned subsidiary or
9-3 affiliate of a hospital licensed under Chapter 241, Health and
9-4 Safety Code; and
9-5 (C) does not perform any other service that
9-6 requires a license under this Act;
9-7 (27) a person engaged in the business of electronic
9-8 monitoring of a person as a condition of that person's probation,
9-9 parole, mandatory supervision, or release on bail, if the person
9-10 does not perform any other service that requires a license under
9-11 this Act;
9-12 (28) a nonprofit business or civic organization that:
9-13 (A) employs one or more peace officers meeting
9-14 the qualifications of Subdivision (3) of this subsection as
9-15 patrolmen, guards, or watchmen;
9-16 (B) provides the services of these peace
9-17 officers only to:
9-18 (i) its members; or
9-19 (ii) if the organization does not have
9-20 members, the members of the communities served by the organization
9-21 as described in its articles of incorporation or other
9-22 organizational documents;
9-23 (C) devotes the net receipts from all charges
9-24 for the services exclusively to the cost of providing the services
9-25 or to the costs of other services for the enhancement of the
10-1 security or safety of:
10-2 (i) its members; or
10-3 (ii) if the organization does not have
10-4 members, the members of the communities served by the organization
10-5 as described in its articles of incorporation or other
10-6 organizational documents; and
10-7 (D) does not perform any other service that
10-8 requires a license under this Act;
10-9 (29) a charitable, nonprofit organization that
10-10 maintains a system of records to aid in the location of missing
10-11 children if the organization:
10-12 (A) is exempt from federal taxation under
10-13 Section 501(c)(3), Internal Revenue Code of 1986, and its
10-14 subsequent amendments;
10-15 (B) exclusively provides services related to
10-16 locating missing children; and
10-17 (C) does not perform any other service that
10-18 requires a license under this Act; or
10-19 (30) a person engaged in the business of psychological
10-20 testing or other testing and interviewing services (to include but
10-21 not limited to attitudes, honesty, intelligence, personality, and
10-22 skills) for preemployment purposes, if the person does not perform
10-23 any other service that requires a license under this Act.
10-24 SECTION 3. Sections 3A(a) and (c), Private Investigators and
10-25 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
11-1 Civil Statutes), are amended to read as follows:
11-2 (a) Except as provided by Subsection (c) of this section,
11-3 the provisions of this Act do not apply to a person who sells
11-4 detection devices <burglar alarms> or other devices for preventing
11-5 or detecting burglary in a person's residence if:
11-6 (1) the person does not install, service, or maintain
11-7 the detection devices <burglar alarms> or other devices;
11-8 (2) the person holds a valid seller's certificate
11-9 issued by the board;
11-10 (3) the person has, as a precedent for obtaining a
11-11 seller's certificate, submitted to the board an application for a
11-12 seller's certificate which shall include the person's full name,
11-13 residence telephone number, date and place of birth, and Social
11-14 Security number, together with two color photographs taken within
11-15 the past six months that show a facial likeness of the person and
11-16 two sets of classifiable fingerprints;
11-17 (4) the person has paid to the board a seller's
11-18 certificate fee as established by the board, but not to exceed $25,
11-19 which certificate shall be valid for a period of two years;
11-20 (5) there is filed with the board, either by the
11-21 manufacturer, distributor, or sellers of such devices, a
11-22 certificate evidencing insurance for liability for bodily injury or
11-23 property damage arising from faulty or defective products in an
11-24 amount not less than $1 million combined single limit, provided
11-25 that such policy of insurance need not relate exclusively to
12-1 burglary devices;
12-2 (6) there has been filed with the board, either by the
12-3 manufacturer, distributor, or sellers of such devices, a surety
12-4 bond executed by a surety company authorized to do business in this
12-5 state in the sum of $10,000 in favor of the State of Texas, and any
12-6 customer purchasing such devices in his home who does not receive
12-7 delivery of the devices in accordance with the contract or
12-8 agreement may bring an action against the bond to recover the down
12-9 payment or purchase price actually paid; and
12-10 (7) the person is not employed by a security services
12-11 contractor.
12-12 (c) It shall be unlawful and punishable as provided in
12-13 Section 44 of this Act for any person who holds a current seller's
12-14 certificate to install, service, monitor, or respond to detection
12-15 devices <burglar alarms> or other devices used to prevent or detect
12-16 burglary or other similar losses.
12-17 SECTION 4. Section 11B(a), Private Investigators and Private
12-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-19 Statutes), is amended to read as follows:
12-20 (a) The board shall revoke or suspend any registration,
12-21 license, or security officer commission, reprimand any registrant,
12-22 licensee, or commissioned security officer, or deny an application
12-23 for a registration, license, or security officer commission, or
12-24 renewal thereof, or may place on probation a person whose
12-25 registration, license, or security officer commission has been
13-1 suspended, on proof:
13-2 (1) that the applicant, licensee, commissioned
13-3 security officer, or registrant has violated any provisions of this
13-4 Act or of the rules and regulations promulgated under this Act;
13-5 (2) that the applicant, licensee, commissioned
13-6 security officer, or registrant has committed any act resulting in
13-7 conviction of a felony;
13-8 (3) that the applicant, licensee, commissioned
13-9 security officer, or registrant has committed an act after the date
13-10 of application for a registration, license, or security officer
13-11 commission that results in a conviction of a misdemeanor involving
13-12 moral turpitude;
13-13 (4) that the applicant, licensee, commissioned
13-14 security officer, or registrant has practiced fraud, deceit, or
13-15 misrepresentation; <or>
13-16 (5) that the applicant, licensee, commissioned
13-17 security officer, or registrant has made a material misstatement in
13-18 the application for or renewal of a license, registration, or
13-19 security officer commission; or
13-20 (6) submitted by a licensee that a commissioned
13-21 security officer or registrant employed by the licensee committed
13-22 fraud, deceit, or theft while working as a commissioned security
13-23 officer or registrant for the licensee.
13-24 SECTION 5. Section 14B, Private Investigators and Private
13-25 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
14-1 Statutes), is amended to read as follows:
14-2 Sec. 14B. RESTRICTIONS ON USE OF GUARD DOGS BY CERTAIN
14-3 PERSONS. A person who has been convicted of cruelty to animals is
14-4 ineligible for a license as a guard dog company under this Act,
14-5 <and is also ineligible> for registration as a dog trainer, or for
14-6 certification as an animal cruelty investigator. Such a person may
14-7 not be employed to work with dogs as a security officer by a
14-8 security services contractor or security department of a private
14-9 business that uses dogs to protect individuals or property or to
14-10 conduct investigations.
14-11 SECTION 6. The Private Investigators and Private Security
14-12 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
14-13 amended by adding Section 14C to read as follows:
14-14 Sec. 14C. ANIMAL CRUELTY INVESTIGATOR CERTIFICATE. (a) An
14-15 applicant for certification as an animal cruelty investigator must:
14-16 (1) meet the qualifications of Section 14(a) of this
14-17 Act;
14-18 (2) complete training approved by the board that is
14-19 equivalent to training received in levels one and two of the
14-20 Association of Certified Cruelty Investigators training course; and
14-21 (3) submit a written application for certification on
14-22 a form adopted by the board that includes:
14-23 (A) two sets of fingerprints;
14-24 (B) two color photographs of the applicant's
14-25 face;
15-1 (C) proof of completion of the training
15-2 requirement of Subsection (b) of this section; and
15-3 (D) any certification fee.
15-4 (b) The board, after consulting recognized animal cruelty
15-5 organizations, shall adopt rules relating to the training
15-6 requirements, certification, and practice of animal cruelty
15-7 investigators.
15-8 (c) A certificate issued under this section expires on the
15-9 first anniversary after the date the certificate is issued. The
15-10 certificate may be renewed by submitting an application for renewal
15-11 to the board, paying any renewal fee set by the board, and
15-12 submitting proof of completion of 12 or more hours of continuing
15-13 education approved by the board that is equivalent to continuing
15-14 education provided by the Association of Certified Cruelty
15-15 Investigators.
15-16 (d) A person performing a service or function relating to an
15-17 animal cruelty investigation is not required to hold a certificate
15-18 under this section. A person who holds a certificate issued under
15-19 this section is not entitled to perform any function or service
15-20 relating to an animal cruelty investigation that may not be
15-21 performed by a person who does not hold a certificate under this
15-22 section.
15-23 (e) Sections 44(c) and (f) of this Act do not apply to a
15-24 person's failure to hold a certificate under this section.
15-25 SECTION 7. Section 17(a), Private Investigators and Private
16-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
16-2 Statutes), is amended to read as follows:
16-3 (a) If the General Appropriations Act does not specify the
16-4 amount of the fee, the board by rule shall establish reasonable and
16-5 necessary fees that produce funds sufficient for the administration
16-6 of this Act but that do not produce unnecessary fund balances and
16-7 do not exceed the following amounts:
16-8 Class A license $225
16-9 (original and renewal)
16-10 Class B license 225
16-11 (original and renewal)
16-12 Class C license 340
16-13 (original and renewal)
16-14 Reinstate suspended license 150
16-15 Assignment of license 150
16-16 Change name of license 75
16-17 Delinquency fee _____
16-18 Branch office certificate and renewal 150
16-19 Registration fee for private investigators, managers, 20
16-20 branch office managers, and alarm systems installers
16-21 (original and renewal)
16-22 Registration fee for noncommissioned security officer 35
16-23 Registration fee for security sales person 20
16-24 Registration fee for alarm systems monitor 20
16-25 Registration fee for dog trainer 20
17-1 Registration fee for owner, officer, partner, or 20
17-2 shareholder of a licensee
17-3 Registration fee for security consultants 55
17-4 Security officer commission fee 35
17-5 (original and renewal)
17-6 School instructor fee 100
17-7 (original and renewal)
17-8 School approval fee 250
17-9 (original and renewal)
17-10 Letter of authority fee for private businesses and 225
17-11 political subdivisions
17-12 (original and renewal)
17-13 FBI fingerprint check 25
17-14 Duplicate pocket card 10
17-15 Employee information update fee 15
17-16 Burglar alarm sellers renewal fee 25
17-17 Animal cruelty investigator certificate 50
17-18 SECTION 8. Sections 28(a) and (e), Private Investigators and
17-19 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
17-20 Civil Statutes), are amended to read as follows:
17-21 (a) Any licensee or officer, director, partner, or manager
17-22 of a licensee shall divulge to any law enforcement officer or a
17-23 district attorney, or his representative, any information he may
17-24 acquire as to any criminal offense, but he shall not divulge to any
17-25 other person except as he may be required by state law or a court
18-1 order <so to do>, any information acquired by him except at the
18-2 direction of the employer or client for whom the information was
18-3 obtained.
18-4 (e) Information that is contained in alarm systems records
18-5 held by a governmental body and that concerns the location of an
18-6 alarm system, the name of the occupant of an alarm system location,
18-7 or the type of alarm system used is confidential and may be
18-8 disclosed only to the board or as otherwise required by state law
18-9 or court order.
18-10 SECTION 9. Section 44, Private Investigators and Private
18-11 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
18-12 Statutes), is amended by amending Subsection (c) and by adding
18-13 Subsection (f) to read as follows:
18-14 (c) Any person who violates any provision of this Act for
18-15 which a specific penalty is not prescribed commits an offense. An
18-16 offense under this subsection is a Class A misdemeanor, except that
18-17 the offense is a felony of the third degree if the person has
18-18 previously been convicted of an offense under this Act and the
18-19 offense consists of the person's failure to hold a registration,
18-20 certificate, license, or commission the person is required to hold
18-21 by this Act.
18-22 (f) A person commits an offense if the person knowingly
18-23 hires, contracts with, or employs another person to perform a
18-24 service or function for which a registration, certificate, license,
18-25 or commission is required under this Act and the other person does
19-1 not hold the registration, certificate, license, or commission or
19-2 is otherwise, at the time the person was hired, contracted with, or
19-3 employed, in violation of this Act. An offense under this
19-4 subsection is a Class A misdemeanor.
19-5 SECTION 10. This Act takes effect September 1, 1995.
19-6 SECTION 11. (a) The change in law made by this Act applies
19-7 only to an offense committed on or after the effective date of this
19-8 Act. For the purposes of this section, an offense is committed
19-9 before the effective date of this Act if any element of the offense
19-10 occurs before the effective date of this Act.
19-11 (b) An offense committed before the effective date of this
19-12 Act is covered by the law in effect when the offense was committed,
19-13 and the former law is continued in effect for that purpose.
19-14 SECTION 12. The Texas Board of Private Investigators and
19-15 Private Security Agencies shall adopt rules relating to required
19-16 continuing education programs not later than March 1, 1996.
19-17 SECTION 13. The importance of this legislation and the
19-18 crowded condition of the calendars in both houses create an
19-19 emergency and an imperative public necessity that the
19-20 constitutional rule requiring bills to be read on three several
19-21 days in each house be suspended, and this rule is hereby suspended.