1-1  By:  Henderson                                         S.B. No. 813
    1-2        (In the Senate - Filed February 28, 1995; March 1, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 21, 1995, reported favorably by the following vote:  Yeas 11,
    1-5  Nays 0; April 21, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the exemption of certain peace officers from the
    1-9  requirements of the Private Investigators and Private Security
   1-10  Agencies Act.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 2, Private Investigators and Private
   1-13  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
   1-14  Statutes), is amended by adding Subdivision (34) to read as
   1-15  follows:
   1-16              (34)  "Peace officer" has the meaning assigned by
   1-17  Article 2.12, Code of Criminal Procedure.
   1-18        SECTION 2.  Subsection (a), Section 3, Private Investigators
   1-19  and Private Security Agencies Act (Article 4413(29bb), Vernon's
   1-20  Texas Civil Statutes), is amended to read as follows:
   1-21        (a)  This Act does not apply to:
   1-22              (1)  a person employed exclusively and regularly by one
   1-23  employer in connection with the affairs of an employer only and
   1-24  where there exists an employer-employee relationship; provided,
   1-25  however, any person who shall carry a firearm in the course of his
   1-26  employment shall be required to obtain a private security officer
   1-27  commission under the provisions of this Act;
   1-28              (2)  except as provided by Subsection (d) of this
   1-29  Section, an officer or employee of the United States of America, or
   1-30  of this State or political subdivision of either, while the
   1-31  employee or officer is engaged in the performance of official
   1-32  duties;
   1-33              (3)  a person who has full-time employment as a peace
   1-34  officer and <as defined by Article 2.12, Code of Criminal
   1-35  Procedure,> who receives compensation for private employment on an
   1-36  individual or an independent contractor basis as a patrolman,
   1-37  guard, or watchman if  the officer <such person is>:
   1-38                    (A)  is employed in an employee-employer
   1-39  relationship<;> or
   1-40                    <(B)>  employed on an individual contractual
   1-41  basis;
   1-42                    (B)  is <(C)>  not in the employ of another peace
   1-43  officer; <and>
   1-44                    (C)  is <(D)>  not a reserve peace officer; and
   1-45                    (D)  works as a peace officer on the average of
   1-46  at least 32 hours a week, is compensated by the state or a
   1-47  political subdivision of the state at the rate of the minimum wage
   1-48  or higher, and is entitled to all employee benefits offered to a
   1-49  peace officer by the state or political subdivision;
   1-50              (4)  a person engaged exclusively in the business of
   1-51  obtaining and furnishing information for purposes of credit
   1-52  worthiness or collecting debts or ascertaining the financial
   1-53  responsibility of applicants for property insurance and for
   1-54  indemnity or surety bonds, with respect to persons, firms, and
   1-55  corporations;
   1-56              (5)  an attorney-at-law in performing his duties;
   1-57              (6)  admitted insurers, insurance adjusters, agents,
   1-58  and insurance brokers licensed by the State, performing duties in
   1-59  connection with insurance transacted by them;
   1-60              (7)  a person who engages exclusively in the business
   1-61  of repossessing property that is secured by a mortgage or other
   1-62  security interest;
   1-63              (8)  a locksmith who does not install or service
   1-64  detection devices, does not conduct investigations, and is not a
   1-65  security service contractor;
   1-66              (9)  a person who owns and installs burglar detection
   1-67  or alarm devices on his own property or, if he does not charge for
   1-68  the device or its installation, installs it for the protection of
    2-1  his personal property located on another's property, and does not
    2-2  install the devices as a normal business practice on the property
    2-3  of another;
    2-4              (10)  an employee of a cattle association who is
    2-5  engaged in inspection of brands of livestock under the authority
    2-6  granted to that cattle association by the Packers and Stockyards
    2-7  Division of the United States Department of Agriculture;
    2-8              (11)  the provisions of this Act shall not apply to
    2-9  common carriers by rail engaged in interstate commerce and
   2-10  regulated by state and federal authorities and transporting
   2-11  commodities essential to the national defense and to the general
   2-12  welfare and safety of the community;
   2-13              (12)  a registered professional engineer practicing in
   2-14  accordance with the provisions of the Texas Engineering Practice
   2-15  Act that does not install or service detection devices, does not
   2-16  conduct investigations, and is not a security services contractor;
   2-17              (13)  a person whose sale of burglar alarm signal
   2-18  devices, burglary alarms, television cameras, still cameras, or
   2-19  other electrical, mechanical, or electronic devices used for
   2-20  preventing or detecting burglary, theft, shoplifting, pilferage, or
   2-21  other losses is exclusively over-the-counter or by mail order;
   2-22              (14)  a person who holds a license or other form of
   2-23  permission issued by an incorporated city or town to practice as an
   2-24  electrician and who installs fire or smoke detectors in no building
   2-25  other than a single family or multifamily residence;
   2-26              (15)  a person or organization in the business of
   2-27  building construction that installs electrical wiring and devices
   2-28  that may include in part the installation of a burglar alarm or
   2-29  detection device if:
   2-30                    (A)  the person or organization is a party to a
   2-31  contract that provides that the installation will be performed
   2-32  under the direct supervision of and inspected and certified by a
   2-33  person or organization licensed to install and certify such an
   2-34  alarm or detection device and that the licensee assumes full
   2-35  responsibility for the installation of the alarm or detection
   2-36  device; and
   2-37                    (B)  the person or organization does not service
   2-38  or maintain burglar alarms or detection devices;
   2-39              (16)  a reserve peace officer while the reserve officer
   2-40  is performing guard, patrolman, or watchman duties for a county and
   2-41  is being compensated solely by that county;
   2-42              (17)  response to a burglar alarm or detection device
   2-43  by a law enforcement agency or by a law enforcement officer acting
   2-44  in an official capacity;
   2-45              (18)  a person who, by education, experience, or
   2-46  background has specialized expertise or knowledge such as that
   2-47  which would qualify or tend to qualify such person as an expert
   2-48  witness, authorized to render opinions in proceedings conducted in
   2-49  a court, administrative agency, or governing body of this state or
   2-50  of the United States, in accordance with applicable rules and
   2-51  regulations and who does not perform any other service for which a
   2-52  license is required by provisions of this Act;
   2-53              (19)  an officer, employee, or agent of a common
   2-54  carrier, as defined by Section 153(h), Communications Act of 1934
   2-55  (47 U.S.C.A.  Sec. 151 et seq.), while protecting the carrier or a
   2-56  user of the carrier's long-distance services from a fraudulent,
   2-57  unlawful, or abusive use of those long-distance services;
   2-58              (20)  a person who sells or installs automobile burglar
   2-59  alarm devices;
   2-60              (21)  a manufacturer, or a manufacturer's authorized
   2-61  distributor, who sells to the holder of a license under this Act
   2-62  equipment used in the operations for which the holder is required
   2-63  to be licensed;
   2-64              (22)  a person employed as a noncommissioned security
   2-65  officer by a political subdivision of this state;
   2-66              (23)  a person whose activities are regulated under
   2-67  Article 5.43-2, Insurance Code, except to the extent that those
   2-68  activities are specifically regulated under this Act;
   2-69              (24)  a landman performing activities in the course and
   2-70  scope of the landman's business;
    3-1              (25)  a hospital or a wholly owned subsidiary or
    3-2  affiliate of a hospital that provides medical alert services for
    3-3  persons who are sick or disabled, if the hospital, subsidiary, or
    3-4  affiliate is licensed under Chapter 241, Health and Safety Code,
    3-5  and the hospital does not perform any other service that requires a
    3-6  license under this Act;
    3-7              (26)  a charitable, nonprofit organization that
    3-8  provides medical alert services for persons who are sick or
    3-9  disabled, if the organization:
   3-10                    (A)  is exempt from taxation under Section
   3-11  501(c)(3), Internal Revenue Code of 1986;
   3-12                    (B)  has its monitoring services provided by a
   3-13  licensed person or hospital or a wholly owned subsidiary or
   3-14  affiliate of a hospital licensed under Chapter 241, Health and
   3-15  Safety Code; and
   3-16                    (C)  does not perform any other service that
   3-17  requires a license under this Act;
   3-18              (27)  a person engaged in the business of electronic
   3-19  monitoring of a person as a condition of that person's probation,
   3-20  parole, mandatory supervision, or release on bail, if the person
   3-21  does not perform any other service that requires a license under
   3-22  this Act;
   3-23              (28)  a nonprofit business or civic organization that:
   3-24                    (A)  employs one or more peace officers meeting
   3-25  the qualifications of Subdivision (3) of this subsection as
   3-26  patrolmen, guards, or watchmen;
   3-27                    (B)  provides the services of these peace
   3-28  officers only to:
   3-29                          (i)  its members; or
   3-30                          (ii)  if the organization does not have
   3-31  members, the members of the communities served by the organization
   3-32  as described in its articles of incorporation or other
   3-33  organizational documents;
   3-34                    (C)  devotes the net receipts from all charges
   3-35  for the services exclusively to the cost of providing the services
   3-36  or to the costs of other services for the enhancement of the
   3-37  security or safety of:
   3-38                          (i)  its members; or
   3-39                          (ii)  if the organization does not have
   3-40  members, the members of the communities served by the organization
   3-41  as described in its articles of incorporation or other
   3-42  organizational documents; and
   3-43                    (D)  does not perform any other service that
   3-44  requires a license under this Act;
   3-45              (29)  a charitable, nonprofit organization that
   3-46  maintains a system of records to aid in the location of missing
   3-47  children if the organization:
   3-48                    (A)  is exempt from federal taxation under
   3-49  Section 501(c)(3), Internal Revenue Code of 1986, and its
   3-50  subsequent amendments;
   3-51                    (B)  exclusively provides services related to
   3-52  locating missing children; and
   3-53                    (C)  does not perform any other service that
   3-54  requires a license under this Act; or
   3-55              (30)  a person engaged in the business of psychological
   3-56  testing or other testing and interviewing services (to include but
   3-57  not limited to attitudes, honesty, intelligence, personality, and
   3-58  skills) for preemployment purposes, if the person does not perform
   3-59  any other service that requires a license under this Act.
   3-60        SECTION 3.  This Act takes effect September 1, 1995.
   3-61        SECTION 4.  The importance of this legislation and the
   3-62  crowded condition of the calendars in both houses create an
   3-63  emergency and an imperative public necessity that the
   3-64  constitutional rule requiring bills to be read on three several
   3-65  days in each house be suspended, and this rule is hereby suspended.
   3-66                               * * * * *