74R9208 CAG-F
By Carter H.B. No. 2958
Substitute the following for H.B. No. 2958:
By Driver C.S.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 has full-time employment as a peace
4-5 officer as defined by Article 2.12, Code of Criminal Procedure, who
4-6 receives compensation for private employment on an individual or an
4-7 independent contractor basis as a patrolman, guard, or watchman if
4-8 such person is:
4-9 (A) employed in an employee-employer
4-10 relationship; or
4-11 (B) employed on an individual contractual basis;
4-12 (C) not in the employ of another peace officer;
4-13 and
4-14 (D) not a reserve peace officer;
4-15 (4) a person engaged exclusively in the business of
4-16 obtaining and furnishing information for purposes of credit
4-17 worthiness or collecting debts or ascertaining the financial
4-18 responsibility of applicants for property insurance and for
4-19 indemnity or surety bonds, with respect to persons, firms, and
4-20 corporations;
4-21 (5) an attorney-at-law in performing his duties;
4-22 (6) admitted insurers, insurance adjusters, agents,
4-23 and insurance brokers licensed by the State, performing duties in
4-24 connection with insurance transacted by them;
4-25 (7) a person who engages exclusively in the business
5-1 of repossessing property that is secured by a mortgage or other
5-2 security interest;
5-3 (8) a locksmith who does not install or service
5-4 detection devices, does not conduct investigations, and is not a
5-5 security service contractor;
5-6 (9) a person who owns and installs burglar detection
5-7 or alarm devices on his own property or, if he does not charge for
5-8 the device or its installation, installs it for the protection of
5-9 his personal property located on another's property, and does not
5-10 install the devices as a normal business practice on the property
5-11 of another;
5-12 (10) an employee of a cattle association who is
5-13 engaged in inspection of brands of livestock under the authority
5-14 granted to that cattle association by the Packers and Stockyards
5-15 Division of the United States Department of Agriculture;
5-16 (11) the provisions of this Act shall not apply to
5-17 common carriers by rail engaged in interstate commerce and
5-18 regulated by state and federal authorities and transporting
5-19 commodities essential to the national defense and to the general
5-20 welfare and safety of the community;
5-21 (12) a registered professional engineer practicing in
5-22 accordance with the provisions of the Texas Engineering Practice
5-23 Act that does not install or service detection devices, does not
5-24 conduct investigations, and is not a security services contractor;
5-25 (13) a person whose sale of burglar alarm signal
6-1 devices, burglary alarms, television cameras, still cameras, or
6-2 other electrical, mechanical, or electronic devices used for
6-3 preventing or detecting burglary, theft, shoplifting, pilferage, or
6-4 other losses is exclusively over-the-counter or by mail order;
6-5 (14) a person who holds a license or other form of
6-6 permission issued by an incorporated city or town to practice as an
6-7 electrician and who installs fire or smoke detectors in no building
6-8 other than a single family or multifamily residence;
6-9 (15) a person or organization in the business of
6-10 building construction that installs electrical wiring and devices
6-11 that may include in part the installation of a burglar alarm or
6-12 detection device if:
6-13 (A) the person or organization is a party to a
6-14 contract that provides that the installation will be performed
6-15 under the direct supervision of and inspected and certified by a
6-16 person or organization licensed to install and certify such an
6-17 alarm or detection device and that the licensee assumes full
6-18 responsibility for the installation of the alarm or detection
6-19 device; and
6-20 (B) the person or organization does not service
6-21 or maintain burglar alarms or detection devices;
6-22 (16) a reserve peace officer while the reserve officer
6-23 is performing guard, patrolman, or watchman duties for a county and
6-24 is being compensated solely by that county;
6-25 (17) response to a burglar alarm or detection device
7-1 by a law enforcement agency or by a law enforcement officer acting
7-2 in an official capacity;
7-3 (18) a person who, by education, experience, or
7-4 background has specialized expertise or knowledge such as that
7-5 which would qualify or tend to qualify such person as an expert
7-6 witness, authorized to render opinions in proceedings conducted in
7-7 a court, administrative agency, or governing body of this state or
7-8 of the United States, in accordance with applicable rules and
7-9 regulations and who does not perform any other service for which a
7-10 license is required by provisions of this Act;
7-11 (19) an officer, employee, or agent of a common
7-12 carrier, as defined by Section 153(h), Communications Act of 1934
7-13 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
7-14 user of the carrier's long-distance services from a fraudulent,
7-15 unlawful, or abusive use of those long-distance services;
7-16 (20) a person who sells or installs automobile burglar
7-17 alarm devices and who does not perform any other act requiring a
7-18 license under this Act;
7-19 (21) a manufacturer, or a manufacturer's authorized
7-20 distributor, who sells to the holder of a license under this Act
7-21 equipment used in the operations for which the holder is required
7-22 to be licensed;
7-23 (22) a person employed as a noncommissioned security
7-24 officer by a political subdivision of this state;
7-25 (23) a person whose activities are regulated under
8-1 Article 5.43-2, Insurance Code, except to the extent that those
8-2 activities are specifically regulated under this Act;
8-3 (24) a landman performing activities in the course and
8-4 scope of the landman's business;
8-5 (25) a hospital or a wholly owned subsidiary or
8-6 affiliate of a hospital that provides medical alert services for
8-7 persons who are sick or disabled, if the hospital, subsidiary, or
8-8 affiliate is licensed under Chapter 241, Health and Safety Code,
8-9 and the hospital does not perform any other service that requires a
8-10 license under this Act;
8-11 (26) a charitable, nonprofit organization that
8-12 provides medical alert services for persons who are sick or
8-13 disabled, if the organization:
8-14 (A) is exempt from taxation under Section
8-15 501(c)(3), Internal Revenue Code of 1986;
8-16 (B) has its monitoring services provided by a
8-17 licensed person or hospital or a wholly owned subsidiary or
8-18 affiliate of a hospital licensed under Chapter 241, Health and
8-19 Safety Code; and
8-20 (C) does not perform any other service that
8-21 requires a license under this Act;
8-22 (27) a person engaged in the business of electronic
8-23 monitoring of a person as a condition of that person's probation,
8-24 parole, mandatory supervision, or release on bail, if the person
8-25 does not perform any other service that requires a license under
9-1 this Act;
9-2 (28) a nonprofit business or civic organization that:
9-3 (A) employs one or more peace officers meeting
9-4 the qualifications of Subdivision (3) of this subsection as
9-5 patrolmen, guards, or watchmen;
9-6 (B) provides the services of these peace
9-7 officers only to:
9-8 (i) its members; or
9-9 (ii) if the organization does not have
9-10 members, the members of the communities served by the organization
9-11 as described in its articles of incorporation or other
9-12 organizational documents;
9-13 (C) devotes the net receipts from all charges
9-14 for the services exclusively to the cost of providing the services
9-15 or to the costs of other services for the enhancement of the
9-16 security or safety of:
9-17 (i) its members; or
9-18 (ii) if the organization does not have
9-19 members, the members of the communities served by the organization
9-20 as described in its articles of incorporation or other
9-21 organizational documents; and
9-22 (D) does not perform any other service that
9-23 requires a license under this Act;
9-24 (29) a charitable, nonprofit organization that
9-25 maintains a system of records to aid in the location of missing
10-1 children if the organization:
10-2 (A) is exempt from federal taxation under
10-3 Section 501(c)(3), Internal Revenue Code of 1986, and its
10-4 subsequent amendments;
10-5 (B) exclusively provides services related to
10-6 locating missing children; and
10-7 (C) does not perform any other service that
10-8 requires a license under this Act; or
10-9 (30) a person engaged in the business of psychological
10-10 testing or other testing and interviewing services (to include but
10-11 not limited to attitudes, honesty, intelligence, personality, and
10-12 skills) for preemployment purposes, if the person does not perform
10-13 any other service that requires a license under this Act.
10-14 SECTION 3. Sections 3A(a) and (c), Private Investigators and
10-15 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
10-16 Civil Statutes), are amended to read as follows:
10-17 (a) Except as provided by Subsection (c) of this section,
10-18 the provisions of this Act do not apply to a person who sells
10-19 detection devices <burglar alarms> or other devices for preventing
10-20 or detecting burglary in a person's residence if:
10-21 (1) the person does not install, service, or maintain
10-22 the detection devices <burglar alarms> or other devices;
10-23 (2) the person holds a valid seller's certificate
10-24 issued by the board;
10-25 (3) the person has, as a precedent for obtaining a
11-1 seller's certificate, submitted to the board an application for a
11-2 seller's certificate which shall include the person's full name,
11-3 residence telephone number, date and place of birth, and Social
11-4 Security number, together with two color photographs taken within
11-5 the past six months that show a facial likeness of the person and
11-6 two sets of classifiable fingerprints;
11-7 (4) the person has paid to the board a seller's
11-8 certificate fee as established by the board, but not to exceed $25,
11-9 which certificate shall be valid for a period of two years;
11-10 (5) there is filed with the board, either by the
11-11 manufacturer, distributor, or sellers of such devices, a
11-12 certificate evidencing insurance for liability for bodily injury or
11-13 property damage arising from faulty or defective products in an
11-14 amount not less than $1 million combined single limit, provided
11-15 that such policy of insurance need not relate exclusively to
11-16 burglary devices;
11-17 (6) there has been filed with the board, either by the
11-18 manufacturer, distributor, or sellers of such devices, a surety
11-19 bond executed by a surety company authorized to do business in this
11-20 state in the sum of $10,000 in favor of the State of Texas, and any
11-21 customer purchasing such devices in his home who does not receive
11-22 delivery of the devices in accordance with the contract or
11-23 agreement may bring an action against the bond to recover the down
11-24 payment or purchase price actually paid; and
11-25 (7) the person is not employed by a security services
12-1 contractor.
12-2 (c) It shall be unlawful and punishable as provided in
12-3 Section 44 of this Act for any person who holds a current seller's
12-4 certificate to install, service, monitor, or respond to detection
12-5 devices <burglar alarms> or other devices used to prevent or detect
12-6 burglary or other similar losses.
12-7 SECTION 4. Section 11B(a), Private Investigators and Private
12-8 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-9 Statutes), is amended to read as follows:
12-10 (a) The board shall revoke or suspend any registration,
12-11 license, or security officer commission, reprimand any registrant,
12-12 licensee, or commissioned security officer, or deny an application
12-13 for a registration, license, or security officer commission, or
12-14 renewal thereof, or may place on probation a person whose
12-15 registration, license, or security officer commission has been
12-16 suspended, on proof:
12-17 (1) that the applicant, licensee, commissioned
12-18 security officer, or registrant has violated any provisions of this
12-19 Act or of the rules and regulations promulgated under this Act;
12-20 (2) that the applicant, licensee, commissioned
12-21 security officer, or registrant has committed any act resulting in
12-22 conviction of a felony;
12-23 (3) that the applicant, licensee, commissioned
12-24 security officer, or registrant has committed an act after the date
12-25 of application for a registration, license, or security officer
13-1 commission that results in a conviction of a misdemeanor involving
13-2 moral turpitude;
13-3 (4) that the applicant, licensee, commissioned
13-4 security officer, or registrant has practiced fraud, deceit, or
13-5 misrepresentation; <or>
13-6 (5) that the applicant, licensee, commissioned
13-7 security officer, or registrant has made a material misstatement in
13-8 the application for or renewal of a license, registration, or
13-9 security officer commission; or
13-10 (6) submitted by a licensee that a commissioned
13-11 security officer or registrant employed by the licensee committed
13-12 fraud, deceit, or theft while working as a commissioned security
13-13 officer or registrant for the licensee.
13-14 SECTION 5. Section 14B, Private Investigators and Private
13-15 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
13-16 Statutes), is amended to read as follows:
13-17 Sec. 14B. RESTRICTIONS ON USE OF GUARD DOGS BY CERTAIN
13-18 PERSONS. A person who has been convicted of cruelty to animals is
13-19 ineligible for a license as a guard dog company under this Act,
13-20 <and is also ineligible> for registration as a dog trainer, or for
13-21 certification as an animal cruelty investigator. Such a person may
13-22 not be employed to work with dogs as a security officer by a
13-23 security services contractor or security department of a private
13-24 business that uses dogs to protect individuals or property or to
13-25 conduct investigations.
14-1 SECTION 6. The Private Investigators and Private Security
14-2 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes),
14-3 is amended by adding Section 14C to read as follows:
14-4 Sec. 14C. ANIMAL CRUELTY INVESTIGATOR CERTIFICATE. (a) An
14-5 applicant for certification as an animal cruelty investigator must:
14-6 (1) meet the qualifications of Section 14(a) of this
14-7 Act;
14-8 (2) complete training approved by the board that is
14-9 equivalent to training received in levels one and two of the
14-10 Association of Certified Cruelty Investigators training course; and
14-11 (3) submit a written application for certification on
14-12 a form adopted by the board that includes:
14-13 (A) two sets of fingerprints;
14-14 (B) two color photographs of the applicant's
14-15 face;
14-16 (C) proof of completion of the training
14-17 requirement of Subsection (b) of this section; and
14-18 (D) any certification fee.
14-19 (b) The board, after consulting recognized animal cruelty
14-20 organizations, shall adopt rules relating to the training
14-21 requirements, certification, and practice of animal cruelty
14-22 investigators.
14-23 (c) A certificate issued under this section expires on the
14-24 first anniversary after the date the certificate is issued. The
14-25 certificate may be renewed by submitting an application for renewal
15-1 to the board, paying any renewal fee set by the board, and
15-2 submitting proof of completion of 12 or more hours of continuing
15-3 education approved by the board that is equivalent to continuing
15-4 education provided by the Association of Certified Cruelty
15-5 Investigators.
15-6 SECTION 7. Section 17(a), Private Investigators and Private
15-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
15-8 Statutes), is amended to read as follows:
15-9 (a) If the General Appropriations Act does not specify the
15-10 amount of the fee, the board by rule shall establish reasonable and
15-11 necessary fees that produce funds sufficient for the administration
15-12 of this Act but that do not produce unnecessary fund balances and
15-13 do not exceed the following amounts:
15-14 Class A license $225
15-15 (original and renewal)
15-16 Class B license 225
15-17 (original and renewal)
15-18 Class C license 340
15-19 (original and renewal)
15-20 Reinstate suspended license 150
15-21 Assignment of license 150
15-22 Change name of license 75
15-23 Delinquency fee _____
15-24 Branch office certificate and renewal 150
15-25 Registration fee for private investigators, managers, 20
16-1 branch office managers, and alarm systems installers
16-2 (original and renewal)
16-3 Registration fee for noncommissioned security officer 35
16-4 Registration fee for security sales person 20
16-5 Registration fee for alarm systems monitor 20
16-6 Registration fee for dog trainer 20
16-7 Registration fee for owner, officer, partner, or 20
16-8 shareholder of a licensee
16-9 Registration fee for security consultants 55
16-10 Security officer commission fee 35
16-11 (original and renewal)
16-12 School instructor fee 100
16-13 (original and renewal)
16-14 School approval fee 250
16-15 (original and renewal)
16-16 Letter of authority fee for private businesses and 225
16-17 political subdivisions
16-18 (original and renewal)
16-19 FBI fingerprint check 25
16-20 Duplicate pocket card 10
16-21 Employee information update fee 15
16-22 Burglar alarm sellers renewal fee 25
16-23 Animal cruelty investigator certificate 50
16-24 SECTION 8. Sections 28(a) and (e), Private Investigators and
16-25 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
17-1 Civil Statutes), are amended to read as follows:
17-2 (a) Any licensee or officer, director, partner, or manager
17-3 of a licensee shall divulge to any law enforcement officer or a
17-4 district attorney, or his representative, any information he may
17-5 acquire as to any criminal offense, but he shall not divulge to any
17-6 other person except as he may be required by state law or a court
17-7 order <so to do>, any information acquired by him except at the
17-8 direction of the employer or client for whom the information was
17-9 obtained.
17-10 (e) Information that is contained in alarm systems records
17-11 held by a governmental body and that concerns the location of an
17-12 alarm system, the name of the occupant of an alarm system location,
17-13 or the type of alarm system used is confidential and may be
17-14 disclosed only to the board or as otherwise required by state law
17-15 or court order.
17-16 SECTION 9. Section 44, Private Investigators and Private
17-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
17-18 Statutes), is amended by amending Subsection (c) and by adding
17-19 Subsection (f) to read as follows:
17-20 (c) Any person who violates any provision of this Act for
17-21 which a specific penalty is not prescribed commits an offense. An
17-22 offense under this subsection is a Class A misdemeanor, except that
17-23 the offense is a felony of the third degree if the person has
17-24 previously been convicted of an offense under this Act and the
17-25 offense consists of the person's failure to hold a registration,
18-1 certificate, license, or commission the person is required to hold
18-2 by this Act.
18-3 (f) A person commits an offense if the person knowingly
18-4 hires, contracts with, or employs another person to perform a
18-5 service or function for which a registration, certificate, license,
18-6 or commission is required under this Act and the other person does
18-7 not hold the registration, certificate, license, or commission or
18-8 is otherwise, at the time the person was hired, contracted with, or
18-9 employed, in violation of this Act. An offense under this
18-10 subsection is a Class A misdemeanor.
18-11 SECTION 10. This Act takes effect September 1, 1995.
18-12 SECTION 11. (a) The change in law made by this Act applies
18-13 only to an offense committed on or after the effective date of this
18-14 Act. For the purposes of this section, an offense is committed
18-15 before the effective date of this Act if any element of the offense
18-16 occurs before the effective date of this Act.
18-17 (b) An offense committed before the effective date of this
18-18 Act is covered by the law in effect when the offense was committed,
18-19 and the former law is continued in effect for that purpose.
18-20 SECTION 12. The Texas Board of Private Investigators and
18-21 Private Security Agencies shall adopt rules relating to required
18-22 continuing education programs not later than March 1, 1996.
18-23 SECTION 13. The importance of this legislation and the
18-24 crowded condition of the calendars in both houses create an
18-25 emergency and an imperative public necessity that the
19-1 constitutional rule requiring bills to be read on three several
19-2 days in each house be suspended, and this rule is hereby suspended.