By Carter H.B. No. 2958
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of private investigators and private
1-3 security agencies; creating 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 Subsections (3), (5) and (31) and
1-8 adding Subsection (33) to read as follows:
1-9 (3) "Investigations company" means any person who engages in
1-10 the business or accepts employment to obtain or furnish information
1-11 with reference to:
1-12 (a) a crime or wrongs done or threatened against the
1-13 United States of America or any state or territory of the United
1-14 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 lost or
1-21 stolen property;
1-22 (d) the cause or responsibility for fires, libels,
1-23 losses, accidents, damages, or injuries to persons or to property;
2-1 <or>
2-2 (e) the securing of evidence to be used before any
2-3 court, board, officer, or investigating committee ; or
2-4 (f) the electronic tracking of the location of any
2-5 individual or motor vehicle.
2-6 (5) "Alarm systems company" means any person that sells,
2-7 installs, services, monitors or responds to burglar alarm signal
2-8 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, robbery,
2-12 shoplifting, pilferage, shrinkage, or other losses of that type;
2-13 (b) to prevent or detect intrusion; or
2-14 (c) primarily to detect or summon aid for other
2-15 emergencies.
2-16 (31) "Alarm system monitor" means an individual who monitors
2-17 burglar alarm signal devices, detection devices, burglar alarms,
2-18 robbery alarms, television cameras, still cameras, or any other
2-19 electrical, mechanical, or electronic device used to prevent or
2-20 detect burglary, theft, shoplifting, pilferage, shrinkage, or
2-21 similar losses, used to prevent or detect intrusion, or used
2-22 primarily to summon aid for other emergencies. The term does not
2-23 include a person employed exclusively and regularly by an employer
2-24 other than a licensee in connection with the affairs of that
2-25 employer, and with whom the person has an employer-employee
3-1 relationship.
3-2 (33) "Detection device" means an electronic device used as a
3-3 part of a burglar or hold-up alarm including any control,
3-4 communications, motion detector, door or window switch, sound
3-5 detector, vibration detector, light beam, pressure mat, wiring or
3-6 similar device; or any electronic device used to limit access by
3-7 persons into building structures or gate compounds, including any
3-8 control, communications, motion detector, door or window switch,
3-9 card or proximity readers, push-button key pad entry, gate entry
3-10 device, door exit buttons, or similar device.
3-11 SECTION 2. Section 3(a), Private Investigators and Private
3-12 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
3-13 Statutes), is amended to read as follows:
3-14 (a) This Act does not apply to:
3-15 (1) a person employed exclusively and regularly by one
3-16 employer in connection with the affairs of an employer only and
3-17 where there exists an employer-employee relationship; provided,
3-18 however, any person who shall carry a firearm in the course of his
3-19 employment shall be required to obtain a private security officer
3-20 commission under the provisions of this Act;
3-21 (2) except as provided by Subsection (d) of this
3-22 Section, an officer or employee of the United States of America, or
3-23 of this State or political subdivision of either, while the
3-24 employee or officer is engaged in the performance of official
3-25 duties;
4-1 (3) a person who has full-time employment as a peace
4-2 officer as defined by Article 2.12, Code of Criminal Procedure, who
4-3 receives compensation for private employment on an individual or an
4-4 independent contractor basis as a patrolman, guard, or watchman if
4-5 such person is:
4-6 (A) employed in an employee-employer
4-7 relationship; or
4-8 (B) employed on an individual contractual basis;
4-9 (C) not in the employ of another peace officer;
4-10 and
4-11 (D) not a reserve peace officer;
4-12 (4) a person engaged exclusively in the business of
4-13 obtaining and furnishing information for purposes of credit
4-14 worthiness or collecting debts or ascertaining the financial
4-15 responsibility of applicants for property insurance and for
4-16 indemnity or surety bonds, with respect to persons, firms, and
4-17 corporations;
4-18 (5) an attorney-at-law in performing his duties;
4-19 (6) admitted insurers, insurance adjusters, agents,
4-20 and insurance brokers licensed by the State, performing duties in
4-21 connection with insurance transacted by them;
4-22 (7) a person who engages exclusively in the business
4-23 of repossessing property that is secured by a mortgage or other
4-24 security interest;
4-25 (8) a locksmith who does not install or service
5-1 detection devices, does not conduct investigations, and is not a
5-2 security service contractor;
5-3 (9) a person who owns and installs burglar detection
5-4 or alarm devices on his own property or, if he does not charge for
5-5 the device or its installation, installs it for the protection of
5-6 his personal property located on another's property, and does not
5-7 install the devices as a normal business practice on the property
5-8 of another;
5-9 (10) an employee of a cattle association who is
5-10 engaged in inspection of brands of livestock under the authority
5-11 granted to that cattle association by the Packers and Stockyards
5-12 Division of the United States Department of Agriculture;
5-13 (11) the provisions of this Act shall not apply to
5-14 common carriers by rail engaged in interstate commerce and
5-15 regulated by state and federal authorities and transporting
5-16 commodities essential to the national defense and to the general
5-17 welfare and safety of the community;
5-18 (12) a registered professional engineer practicing in
5-19 accordance with the provisions of the Texas Engineering Practice
5-20 Act that does not install or service detection devices, does not
5-21 conduct investigations, and is not a security services contractor;
5-22 (13) a person whose sale of burglar alarm signal
5-23 devices, burglary alarms, television cameras, still cameras, or
5-24 other electrical, mechanical, or electronic devices used for
5-25 preventing or detecting burglary, theft, shoplifting, pilferage, or
6-1 other losses is exclusively over-the-counter or by mail order;
6-2 (14) a person who holds a license or other form of
6-3 permission issued by an incorporated city or town to practice as an
6-4 electrician and who installs fire or smoke detectors in no building
6-5 other than a single family or multifamily residence;
6-6 (15) a person or organization in the business of
6-7 building construction that installs electrical wiring and devices
6-8 that may include in part the installation of a burglar alarm or
6-9 detection device if:
6-10 (A) the person or organization is a party to a
6-11 contract that provides that the installation will be performed
6-12 under the direct supervision of and inspected and certified by a
6-13 person or organization licensed to install and certify such an
6-14 alarm or detection device and that the licensee assumes full
6-15 responsibility for the installation of the alarm or detection
6-16 device; and
6-17 (B) the person or organization does not service
6-18 or maintain burglar alarms or detection devices;
6-19 (16) a reserve peace officer while the reserve officer
6-20 is performing guard, patrolman, or watchman duties for a county and
6-21 is being compensated solely by that county;
6-22 (17) response to a burglar alarm or detection device
6-23 by a law enforcement agency or by a law enforcement officer acting
6-24 in an official capacity;
6-25 (18) a person who, by education, experience, or
7-1 background has specialized expertise or knowledge such as that
7-2 which would qualify or tend to qualify such person as an expert
7-3 witness, authorized to render opinions in proceedings conducted in
7-4 a court, administrative agency, or governing body of this state or
7-5 of the United States, in accordance with applicable rules and
7-6 regulations and who does not perform any other service for which a
7-7 license is required by provisions of this Act;
7-8 (19) an officer, employee, or agent of a common
7-9 carrier, as defined by Section 153(h), Communications Act of 1934
7-10 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
7-11 user of the carrier's long-distance services from a fraudulent,
7-12 unlawful, or abusive use of those long-distance services;
7-13 (20) a person who sells or installs automobile burglar
7-14 alarm devices and that does not perform any other act that requires
7-15 a license under this Act;
7-16 (21) a manufacturer, or a manufacturer's authorized
7-17 distributor, who sells to the holder of a license under this Act
7-18 equipment used in the operations for which the holder is required
7-19 to be licensed;
7-20 (22) a person employed as a noncommissioned security
7-21 officer by a political subdivision of this state;
7-22 (23) a person whose activities are regulated under
7-23 Article 5.43-2, Insurance Code, except to the extent that those
7-24 activities are specifically regulated under this Act;
7-25 (24) a landman performing activities in the course and
8-1 scope of the landman's business;
8-2 (25) a hospital or a wholly owned subsidiary or
8-3 affiliate of a hospital that provides medical alert services for
8-4 persons who are sick or disabled, if the hospital, subsidiary, or
8-5 affiliate is licensed under Chapter 241, Health and Safety Code,
8-6 and the hospital does not perform any other service that requires a
8-7 license under this Act;
8-8 (26) a charitable, nonprofit organization that
8-9 provides medical alert services for persons who are sick or
8-10 disabled, if the organization:
8-11 (A) is exempt from taxation under Section
8-12 501(c)(3), Internal Revenue Code of 1986;
8-13 (B) has its monitoring services provided by a
8-14 licensed person or hospital or a wholly owned subsidiary or
8-15 affiliate of a hospital licensed under Chapter 241, Health and
8-16 Safety Code; and
8-17 (C) does not perform any other service that
8-18 requires a license under this Act;
8-19 (27) a person engaged in the business of electronic
8-20 monitoring of a person as a condition of that person's probation,
8-21 parole, mandatory supervision, or release on bail, if the person
8-22 does not perform any other service that requires a license under
8-23 this Act;
8-24 (28) a nonprofit business or civic organization that:
8-25 (A) employs one or more peace officers meeting
9-1 the qualifications of Subdivision (3) of this subsection as
9-2 patrolmen, guards, or watchmen;
9-3 (B) provides the services of these peace
9-4 officers only to:
9-5 (i) its members; or
9-6 (ii) if the organization does not have
9-7 members, the members of the communities served by the organization
9-8 as described in its articles of incorporation or other
9-9 organizational documents;
9-10 (C) devotes the net receipts from all charges
9-11 for the services exclusively to the cost of providing the services
9-12 or to the costs of other services for the enhancement of the
9-13 security or safety of:
9-14 (i) its members; or
9-15 (ii) if the organization does not have
9-16 members, the members of the communities served by the organization
9-17 as described in its articles of incorporation or other
9-18 organizational documents; and
9-19 (D) does not perform any other service that
9-20 requires a license under this Act;
9-21 (29) a charitable, nonprofit organization that
9-22 maintains a system of records to aid in the location of missing
9-23 children if the organization:
9-24 (A) is exempt from federal taxation under
9-25 Section 501(c)(3), Internal Revenue Code of 1986, and its
10-1 subsequent amendments;
10-2 (B) exclusively provides services related to
10-3 locating missing children; and
10-4 (C) does not perform any other service that
10-5 requires a license under this Act; or
10-6 (30) a person engaged in the business of psychological
10-7 testing or other testing and interviewing services (to include but
10-8 not limited to attitudes, honesty, intelligence, personality, and
10-9 skills) for preemployment purposes, if the person does not perform
10-10 any other service that requires a license under this Act.
10-11 SECTION 3. Section 3A (a) and (c), Private Investigators and
10-12 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
10-13 Civil Statutes), are amended to read as follows:
10-14 Section 3A. (a) Except as provided by Subsection (c) of
10-15 this section, the provisions of this Act do not apply to a person
10-16 who sells <burglar alarms> detection devices or other devices for
10-17 preventing or detecting burglary in a person's residence if:
10-18 (1) the person does not install, service, or maintain
10-19 <the burglar alarms or other> detection devices;
10-20 (2) the person holds a valid seller's certificate
10-21 issued by the board;
10-22 (3) the person has, as a precedent for obtaining a
10-23 seller's certificate, submitted to the board an application for a
10-24 seller's certificate which shall include the person's full name,
10-25 residence telephone number, date and place of birth, and Social
11-1 Security number, together with two color photographs taken within
11-2 the past six months that show a facial likeness of the person and
11-3 two sets of classifiable fingerprints;
11-4 (4) the person has paid to the board a seller's
11-5 certificate fee as established by the board, but not to exceed $25,
11-6 which certificate shall be valid for a period of two years;
11-7 (5) there is filed with the board, either by the
11-8 manufacturer, distributor, or sellers of such devices, a
11-9 certificate evidencing insurance for liability for bodily injury or
11-10 property damage arising from faulty or defective products in an
11-11 amount not less than $1 million combined single limit, provided
11-12 that such policy of insurance need not relate exclusively to
11-13 burglary devices;
11-14 (6) there has been filed with the board, either by the
11-15 manufacturer, distributor, or sellers of such devices, a surety
11-16 bond executed by a surety company authorized to do business in this
11-17 state in the sum of $10,000 in favor of the State of Texas, and any
11-18 customer purchasing such devices in his home who does not receive
11-19 delivery of the devices in accordance with the contract or
11-20 agreement may bring an action against the bond to recover the down
11-21 payment or purchase price actually paid; and
11-22 (7) the person is not employed by a security services
11-23 contractor.
11-24 (c) It shall be unlawful and punishable as provided in
11-25 Section 44 of this Act for any person who holds a current seller's
12-1 certificate to install, service, monitor, or respond to <burglar
12-2 alarms or other> detection devices used to prevent or detect
12-3 burglary or other losses of that type.
12-4 SECTION 4. Section 11B (a), Subsection (a) Private
12-5 Investigators and Private Security Agencies Act (Article
12-6 4413(29bb), Vernon's Texas Civil Statutes), is amended to read as
12-7 follows:
12-8 Section 11B. (a) The board shall revoke or suspend any
12-9 registration, license, or security officer commission, reprimand
12-10 any registrant, licensee, or commissioned security officer, or deny
12-11 an application for a registration, license, or security officer
12-12 commission, or renewal thereof, or may place on probation a person
12-13 whose registration, license, or security officer commission has
12-14 been suspended, on proof:
12-15 (1) that the applicant, licensee, commissioned
12-16 security officer, or registrant has violated any provisions of this
12-17 Act or of the rules and regulations promulgated under this Act;
12-18 (2) that the applicant, licensee, commissioned
12-19 security officer, or registrant has committed any act resulting in
12-20 conviction of a felony;
12-21 (3) that the applicant, licensee, commissioned
12-22 security officer, or registrant has committed an act after the date
12-23 of application for a registration, license, or security officer
12-24 commission that results in a conviction of a misdemeanor involving
12-25 moral turpitude;
13-1 (4) that the applicant, licensee, commissioned
13-2 security officer, or registrant has practiced fraud, deceit, or
13-3 misrepresentation; <or>
13-4 (5) that the applicant, licensee, commissioned
13-5 security officer, or registrant has made a material misstatement in
13-6 the application for or renewal of the license, registration, or
13-7 security officer commission<.>; or
13-8 (6) that the licensee of the commissioned security
13-9 officer or registrant has submitted to the board sufficient
13-10 evidence that a commissioned security officer or registrant, while
13-11 in the employ of the licensee, practiced fraud or deceit, or
13-12 committed theft while performing work as a commissioned security
13-13 officer or registrant.
13-14 SECTION 5. Section 28, Subsections (a) and (e) Private
13-15 Investigators and Private Security Agencies Act (Article
13-16 4413(29bb), Vernon's Texas Civil Statutes), are amended to read as
13-17 follows:
13-18 (a) Any licensee or officer, director, partner, or manager
13-19 of a licensee shall divulge to any law enforcement officer or
13-20 district attorney, or his representative, any information he may
13-21 acquire as to any criminal offense, but he shall not divulge to any
13-22 other person except as he may be required by state law or court
13-23 order so to do, any information acquired by him except at the
13-24 direction of the employer or client for whom information was
13-25 obtained.
14-1 (e) Information that is contained in alarm records held by a
14-2 governmental body and that concerns the location of an alarm
14-3 system, the name of the occupant of an alarm system location, or
14-4 the type of alarm system used is confidential and may be disclosed
14-5 only to the board or as otherwise by state law or court order.
14-6 SECTION 6. Section 44, Private Investigators and Private
14-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
14-8 Statutes), is amended by amending Subsection (c) and adding
14-9 Subsection (f) to read as follows:
14-10 (c) Any person who violates any provision of this Act for
14-11 which a specific penalty is not prescribed commits an offense. An
14-12 offense under this subsection is a Class A misdemeanor. If it is
14-13 shown at the trial of an offense under this subsection that a
14-14 defendant, who is not required to hold a registration, certificate,
14-15 license, or commission under this Act, has been previously
14-16 convicted of an offense under this subsection, the offense is a
14-17 felony of the third degree.
14-18 (f) A person commits an offense if the person knowingly
14-19 hires, contracts with, or employs a person who is required to hold
14-20 a registration, certificate, license, or commission under this Act
14-21 but does not hold the required registration, certificate, license,
14-22 or commission or who otherwise, at the time of hire, contract, or
14-23 employment, is in violation of this Act. An offense under this
14-24 subsection is a Class A misdemeanor.
14-25 SECTION 7. This Act takes effect September 1, 1995.
15-1 SECTION 8. (a) The change in law made by this Act applies
15-2 only to the punishment of an offense committed on or after the
15-3 effective date of this Act. For purposes of this section, an
15-4 offense is committed before the effective date of this Act if any
15-5 element of the offense occurs before the effective date.
15-6 (b) An offense committed before the effective date of this
15-7 Act is covered by the law in effect when the offense was committed,
15-8 and the former law is continued in effect for that purpose.
15-9 SECTION 9. The Texas Board of Private Investigators and
15-10 Private Security Agencies shall adopt rules relating to required
15-11 continuing education programs not later than March 1, 1996.
15-12 SECTION 10. The importance of this legislation and the
15-13 crowded condition of the calendars in both houses create an
15-14 emergency and an imperative public necessity that the
15-15 constitutional rule requiring bills to be read on three several
15-16 days in each house be suspended, and this rule is hereby suspended.