S.B. No. 1542
AN ACT
1-1 relating to the regulation of private investigators and private
1-2 security agencies; creating a criminal penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Private Investigators and Private
1-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-6 Statutes), is amended by amending Subdivisions (3), (4), (5), and
1-7 (31) and by adding Subdivisions (33), (34), and (35) to read as
1-8 follows:
1-9 (3) "Investigations company" means:
1-10 (A) any person who engages in the business or accepts
1-11 employment to obtain or furnish information with reference to:
1-12 (i) <(a)> crime or wrongs done or threatened
1-13 against the United States of America or any state or territory of
1-14 the United States of America;
1-15 (ii) <(b)> the identity, habits, conduct,
1-16 business, 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 (iii) <(c)> the location, disposition, or
1-21 recovery of lost or stolen property;
1-22 (iv) <(d)> the cause or responsibility for
1-23 fires, libels, losses, accidents, damages, or injuries to persons
1-24 or to property; <or>
2-1 (v) <(e)> the securing of evidence to be used
2-2 before any court, board, officer, or investigating committee; or
2-3 (vi) the electronic tracking of the location of
2-4 any individual or motor vehicle other than for criminal justice
2-5 purposes by or on behalf of a governmental entity; or
2-6 (B) any person who engages in the business of or
2-7 accepts employment to protect one or more individuals from bodily
2-8 harm through the use of a personal protection officer.
2-9 (4) "Guard company" means any person engaging in the
2-10 business of or undertaking to provide a private watchman, guard, or
2-11 street patrol service on a contractual basis for another person and
2-12 performing any one or more of the following or similar functions:
2-13 (a) prevention of intrusion, entry, larceny,
2-14 vandalism, abuse, fire, or trespass on private property;
2-15 (b) prevention, observation, or detection of any
2-16 unauthorized activity on private property;
2-17 (c) control, regulation, or direction of the flow or
2-18 movements of the public, whether by vehicle or otherwise, only to
2-19 the extent and for the time directly and specifically required to
2-20 assure the protection of property; <or>
2-21 (d) protection of individuals from bodily harm; or
2-22 (e) protection of one or more individuals from bodily
2-23 harm through the use of a personal protection officer.
2-24 (5) "Alarm systems company" means any person that sells,
2-25 installs, services, monitors, or responds to burglar alarm signal
2-26 devices, detection devices, burglar alarms, robbery alarms,
2-27 television cameras, still cameras, or any other electrical,
3-1 mechanical, or electronic device used:
3-2 (A) to prevent or detect burglary, theft, robbery,
3-3 shoplifting, pilferage, shrinkage, or other losses of that type;
3-4 (B) to prevent or detect intrusion; or
3-5 (C) primarily to detect or summon aid for other
3-6 emergencies.
3-7 (31) "Alarm systems monitor" means an individual who
3-8 monitors burglar alarm signal devices, detection devices, burglar
3-9 alarms, robbery alarms, television cameras, still cameras, or any
3-10 other electrical, mechanical, or electronic device used to prevent
3-11 or detect burglary, theft, shoplifting, pilferage, shrinkage, or
3-12 similar losses, used to prevent or detect intrusion <instrusion>,
3-13 or used primarily to summon aid for other emergencies. The term
3-14 does not include a person employed exclusively and regularly by an
3-15 employer other than a licensee in connection with the affairs of
3-16 that employer, and with whom the person has an employee-employer
3-17 relationship.
3-18 (33) "Detection device" means an electronic device used as a
3-19 part of a burglar or hold-up alarm including any control,
3-20 communications, motion detector, door or window switch, sound
3-21 detector, vibration detector, light beam, pressure mat, wiring or
3-22 similar device; or any electronic device used to limit access by
3-23 persons into building structures or gate compounds, including any
3-24 control, communications, motion detector, door or window switch,
3-25 card or proximity readers, push-button key pad entry, gate entry
3-26 device, door exit buttons, or similar device.
3-27 (34) "Personal protection authorization" means an
4-1 authorization granted by the board to an individual who:
4-2 (A) meets the requirements of Section 14(d) of this
4-3 Act; and
4-4 (B) has been issued a security officer commission to
4-5 carry a concealed firearm.
4-6 (35) "Personal protection officer" means an individual who
4-7 provides personal protection from bodily harm to one or more
4-8 individuals under a security officer commission and a personal
4-9 protection officer authorization issued by the board.
4-10 SECTION 2. Subsection (a), Section 3, Private Investigators
4-11 and Private Security Agencies Act (Article 4413(29bb), Vernon's
4-12 Texas Civil Statutes), is amended to read as follows:
4-13 (a) This Act does not apply to:
4-14 (1) a person employed exclusively and regularly by one
4-15 employer in connection with the affairs of an employer only and
4-16 where there exists an employer-employee relationship; provided,
4-17 however, any person who shall carry a firearm in the course of his
4-18 employment shall be required to obtain a private security officer
4-19 commission under the provisions of this Act;
4-20 (2) except as provided by Subsection (d) of this
4-21 Section, an officer or employee of the United States of America, or
4-22 of this State or political subdivision of either, while the
4-23 employee or officer is engaged in the performance of official
4-24 duties;
4-25 (3) a person who has full-time employment as a peace
4-26 officer as defined by Article 2.12, Code of Criminal Procedure, who
4-27 receives compensation for private employment on an individual or an
5-1 independent contractor basis as a patrolman, guard, or watchman if
5-2 such person is:
5-3 (A) employed in an employee-employer
5-4 relationship; or
5-5 (B) employed on an individual contractual basis;
5-6 (C) not in the employ of another peace officer;
5-7 and
5-8 (D) not a reserve peace officer;
5-9 (4) a person engaged exclusively in the business of
5-10 obtaining and furnishing information for purposes of credit
5-11 worthiness or collecting debts or ascertaining the financial
5-12 responsibility of applicants for property insurance and for
5-13 indemnity or surety bonds, with respect to persons, firms, and
5-14 corporations;
5-15 (5) an attorney-at-law in performing his duties;
5-16 (6) admitted insurers, insurance adjusters, agents,
5-17 and insurance brokers licensed by the State, performing duties in
5-18 connection with insurance transacted by them;
5-19 (7) a person who engages exclusively in the business
5-20 of repossessing property that is secured by a mortgage or other
5-21 security interest;
5-22 (8) a locksmith who does not install or service
5-23 detection devices, does not conduct investigations, and is not a
5-24 security service contractor;
5-25 (9) a person who owns and installs burglar detection
5-26 or alarm devices on his own property or, if he does not charge for
5-27 the device or its installation, installs it for the protection of
6-1 his personal property located on another's property, and does not
6-2 install the devices as a normal business practice on the property
6-3 of another;
6-4 (10) an employee of a cattle association who is
6-5 engaged in inspection of brands of livestock under the authority
6-6 granted to that cattle association by the Packers and Stockyards
6-7 Division of the United States Department of Agriculture;
6-8 (11) the provisions of this Act shall not apply to
6-9 common carriers by rail engaged in interstate commerce and
6-10 regulated by state and federal authorities and transporting
6-11 commodities essential to the national defense and to the general
6-12 welfare and safety of the community;
6-13 (12) a registered professional engineer practicing in
6-14 accordance with the provisions of the Texas Engineering Practice
6-15 Act that does not install or service detection devices, does not
6-16 conduct nonengineering investigations, is performing forensic
6-17 engineering studies, and is not a security services contractor;
6-18 (13) a person whose sale of burglar alarm signal
6-19 devices, burglary alarms, television cameras, still cameras, or
6-20 other electrical, mechanical, or electronic devices used for
6-21 preventing or detecting burglary, theft, shoplifting, pilferage, or
6-22 other losses is exclusively over-the-counter or by mail order;
6-23 (14) a person who holds a license or other form of
6-24 permission issued by an incorporated city or town to practice as an
6-25 electrician and who installs fire or smoke detectors in no building
6-26 other than a single family or multifamily residence;
6-27 (15) a person or organization in the business of
7-1 building construction that installs electrical wiring and devices
7-2 that may include in part the installation of a burglar alarm or
7-3 detection device if:
7-4 (A) the person or organization is a party to a
7-5 contract that provides that the installation will be performed
7-6 under the direct supervision of and inspected and certified by a
7-7 person or organization licensed to install and certify such an
7-8 alarm or detection device and that the licensee assumes full
7-9 responsibility for the installation of the alarm or detection
7-10 device; and
7-11 (B) the person or organization does not service
7-12 or maintain burglar alarms or detection devices;
7-13 (16) a reserve peace officer while the reserve officer
7-14 is performing guard, patrolman, or watchman duties for a county and
7-15 is being compensated solely by that county;
7-16 (17) response to a burglar alarm or detection device
7-17 by a law enforcement agency or by a law enforcement officer acting
7-18 in an official capacity;
7-19 (18) a person who, by education, experience, or
7-20 background has specialized expertise or knowledge such as that
7-21 which would qualify or tend to qualify such person as an expert
7-22 witness, authorized to render opinions in proceedings conducted in
7-23 a court, administrative agency, or governing body of this state or
7-24 of the United States, in accordance with applicable rules and
7-25 regulations and who does not perform any other service for which a
7-26 license is required by provisions of this Act;
7-27 (19) an officer, employee, or agent of a common
8-1 carrier, as defined by Section 153(h), Communications Act of 1934
8-2 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
8-3 user of the carrier's long-distance services from a fraudulent,
8-4 unlawful, or abusive use of those long-distance services;
8-5 (20) a person who sells or installs automobile burglar
8-6 alarm devices and that does not perform any other act that requires
8-7 a license under this Act;
8-8 (21) a manufacturer, or a manufacturer's authorized
8-9 distributor, who sells to the holder of a license under this Act
8-10 equipment used in the operations for which the holder is required
8-11 to be licensed;
8-12 (22) a person employed as a noncommissioned security
8-13 officer by a political subdivision of this state;
8-14 (23) a person whose activities are regulated under
8-15 Article 5.43-2, Insurance Code, except to the extent that those
8-16 activities are specifically regulated under this Act;
8-17 (24) a landman performing activities in the course and
8-18 scope of the landman's business;
8-19 (25) a hospital or a wholly owned subsidiary or
8-20 affiliate of a hospital that provides medical alert services for
8-21 persons who are sick or disabled, if the hospital, subsidiary, or
8-22 affiliate is licensed under Chapter 241, Health and Safety Code,
8-23 and the hospital does not perform any other service that requires a
8-24 license under this Act;
8-25 (26) a charitable, nonprofit organization that
8-26 provides medical alert services for persons who are sick or
8-27 disabled, if the organization:
9-1 (A) is exempt from taxation under Section
9-2 501(c)(3), Internal Revenue Code of 1986;
9-3 (B) has its monitoring services provided by a
9-4 licensed person or hospital or a wholly owned subsidiary or
9-5 affiliate of a hospital licensed under Chapter 241, Health and
9-6 Safety Code; and
9-7 (C) does not perform any other service that
9-8 requires a license under this Act;
9-9 (27) a person engaged in the business of electronic
9-10 monitoring of a person as a condition of that person's probation,
9-11 parole, mandatory supervision, or release on bail, if the person
9-12 does not perform any other service that requires a license under
9-13 this Act;
9-14 (28) a nonprofit business or civic organization that:
9-15 (A) employs one or more peace officers meeting
9-16 the qualifications of Subdivision (3) of this subsection as
9-17 patrolmen, guards, or watchmen;
9-18 (B) provides the services of these peace
9-19 officers only to:
9-20 (i) its members; or
9-21 (ii) if the organization does not have
9-22 members, the members of the communities served by the organization
9-23 as described in its articles of incorporation or other
9-24 organizational documents;
9-25 (C) devotes the net receipts from all charges
9-26 for the services exclusively to the cost of providing the services
9-27 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. Subsections (a) and (c), Section 3A, Private
10-25 Investigators and Private Security Agencies Act (Article
10-26 4413(29bb), Vernon's Texas Civil Statutes), are amended to read as
10-27 follows:
11-1 (a) Except as provided by Subsection (c) of this section,
11-2 the provisions of this Act do not apply to a person who sells
11-3 detection devices <burglar alarms> or other devices for preventing
11-4 or detecting burglary in a person's residence if:
11-5 (1) the person does not install, service, or maintain
11-6 detection <the burglar alarms or other> devices;
11-7 (2) the person holds a valid seller's certificate
11-8 issued by the board;
11-9 (3) the person has, as a precedent for obtaining a
11-10 seller's certificate, submitted to the board an application for a
11-11 seller's certificate which shall include the person's full name,
11-12 residence telephone number, date and place of birth, and Social
11-13 Security number<, together with two color photographs taken within
11-14 the past six months that show a facial likeness of the person> and
11-15 two sets of classifiable fingerprints;
11-16 (4) the person has paid to the board a seller's
11-17 certificate fee as established by the board, but not to exceed $25,
11-18 which certificate shall be valid for a period of two years;
11-19 (5) there is filed with the board, either by the
11-20 manufacturer, distributor, or sellers of such devices, a
11-21 certificate evidencing insurance for liability for bodily injury or
11-22 property damage arising from faulty or defective products in an
11-23 amount not less than $1 million combined single limit, provided
11-24 that such policy of insurance need not relate exclusively to
11-25 burglary devices;
11-26 (6) there has been filed with the board, either by the
11-27 manufacturer, distributor, or sellers of such devices, a surety
12-1 bond executed by a surety company authorized to do business in this
12-2 state in the sum of $10,000 in favor of the State of Texas, and any
12-3 customer purchasing such devices in his home who does not receive
12-4 delivery of the devices in accordance with the contract or
12-5 agreement may bring an action against the bond to recover the down
12-6 payment or purchase price actually paid; and
12-7 (7) the person is not employed by a security services
12-8 contractor.
12-9 (c) It shall be unlawful and punishable as provided in
12-10 Section 44 of this Act for any person who holds a current seller's
12-11 certificate to install, service, monitor, or respond to detection
12-12 <burglar alarms or other> devices used to prevent or detect
12-13 burglary or other losses of that type.
12-14 SECTION 4. Section 11B, Private Investigators and Private
12-15 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-16 Statutes), is amended to read as follows:
12-17 Sec. 11B. REVOCATION, SUSPENSION, AND SUMMARY SUSPENSION.
12-18 <ETC.> (a) The board shall revoke or suspend any registration,
12-19 license, or security officer commission, reprimand any registrant,
12-20 licensee, or commissioned security officer, or deny an application
12-21 for a registration, license, or security officer commission, or
12-22 renewal thereof, or may place on probation a person whose
12-23 registration, license, or security officer commission has been
12-24 suspended, on proof:
12-25 (1) that the applicant, licensee, commissioned
12-26 security officer, or registrant has violated any provisions of this
12-27 Act or of the rules and regulations promulgated under this Act;
13-1 (2) that the applicant, licensee, commissioned
13-2 security officer, or registrant has committed any act resulting in
13-3 conviction of a felony;
13-4 (3) that the applicant, licensee, commissioned
13-5 security officer, or registrant has committed an act after the date
13-6 of application for a registration, license, or security officer
13-7 commission that results in a conviction of a misdemeanor involving
13-8 moral turpitude;
13-9 (4) that the applicant, licensee, commissioned
13-10 security officer, or registrant has practiced fraud, deceit, or
13-11 misrepresentation; <or>
13-12 (5) that the applicant, licensee, commissioned
13-13 security officer, or registrant has made a material misstatement in
13-14 the application for or renewal of a license, registration, or
13-15 security officer commission; or
13-16 (6) that the licensee of the commissioned security
13-17 officer or registrant has submitted to the board sufficient
13-18 evidence that a commissioned security officer or registrant, while
13-19 in the employ of the licensee, practiced fraud or deceit, or
13-20 committed theft while performing work as a commissioned security
13-21 officer or registrant.
13-22 (b) Subject to Section 11D of this Act, the board may
13-23 summarily suspend a registration or security officer commission
13-24 issued to an individual under this Act on receiving written
13-25 notification from the Department of Public Safety of the State of
13-26 Texas or any other law enforcement agency that the individual has
13-27 been arrested for or charged with a misdemeanor involving moral
14-1 turpitude or a felony. <If the board proposes to refuse a person's
14-2 application for a registration, license, or security officer
14-3 commission, to suspend or revoke a person's registration, license,
14-4 or security officer commission, or to place on probation a person
14-5 whose registration, license, or security officer commission has
14-6 been suspended, the person is entitled to a hearing before the
14-7 board.>
14-8 (c) Subject to Section 11D of this Act, the board may
14-9 summarily deny an application for registration or for a security
14-10 officer commission of an individual on receiving written
14-11 notification from the Department of Public Safety of the State of
14-12 Texas or any other law enforcement agency that the individual has
14-13 been arrested for or charged with a misdemeanor involving moral
14-14 turpitude or a felony.
14-15 (d) In this section, a person is considered to be convicted
14-16 of a misdemeanor involving moral turpitude or a felony if a court
14-17 of competent jurisdiction enters a judgment against the person for
14-18 committing a misdemeanor involving moral turpitude or a felony
14-19 under the laws of this state, another state, or the United States,
14-20 including:
14-21 (1) a conviction in which a person was placed on
14-22 probation or community supervision and the person is subsequently
14-23 discharged from probation or community supervision; or
14-24 (2) a conviction that is pardoned, unless the pardon
14-25 is granted expressly because of the proof of a person's innocence.
14-26 (e) The dismissal of a complaint, information, or indictment
14-27 or an acquittal releases the individual from any summary suspension
15-1 of a registration or commission or automatic grounds for summary
15-2 denial of an application under this section.
15-3 (f) Proceedings for the refusal, suspension, or revocation
15-4 of a registration, license, or security officer commission or for
15-5 the probation of a person are governed by Chapter 2001, Government
15-6 Code (Administrative Procedure Act). Proceedings for the summary
15-7 suspension of a registration or security officer commission or
15-8 summary denial of an application under this Act are governed by
15-9 Section 11D of this Act <the Administrative Procedure and Texas
15-10 Register Act, as amended (Article 6252 13a, Vernon's Texas Civil
15-11 Statutes)>.
15-12 (g) <(e)> If the board is authorized to suspend a license
15-13 under this Act, the board may give the licensee the opportunity to
15-14 pay a civil penalty rather than have the license suspended. The
15-15 amount of the civil penalty may not be more than $200 for each day
15-16 the license was to have been suspended. If the licensee does not
15-17 pay the penalty before the sixth day after the board notifies him
15-18 of the amount, he loses the opportunity to pay it and the board
15-19 shall impose the suspension.
15-20 SECTION 5. Subsection (d), Section 11, Private Investigators
15-21 and Private Security Agencies Act (Article 4413(29bb), Vernon's
15-22 Texas Civil Statutes), is amended to read as follows:
15-23 (d) The board shall <may> recognize, prepare, or administer
15-24 continuing education programs for private investigators <persons>
15-25 regulated by the board under this Act. The board shall set the
15-26 minimum number of hours that must be completed and the types of
15-27 programs that may be offered for private investigators regulated by
16-1 the board. A private investigator regulated by the board shall
16-2 submit evidence of compliance with the board's continuing education
16-3 requirements in a manner prescribed by the board. <Participation
16-4 in the programs is voluntary.>
16-5 SECTION 6. The Private Investigators and Private Security
16-6 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
16-7 amended by adding Section 11D to read as follows:
16-8 Sec. 11D. SUMMARY SUSPENSION OR DENIAL REVIEW. (a) The
16-9 board may summarily suspend a registration or security officer
16-10 commission or summarily deny an application under Section 11B of
16-11 this Act if the individual whose registration or commission was
16-12 summarily suspended or whose application was summarily denied is
16-13 informed of the right to a preliminary hearing before the board.
16-14 (b) At a preliminary hearing, the individual whose
16-15 registration or commission was summarily suspended or whose
16-16 application was summarily denied must show cause why the
16-17 registration or commission should not remain suspended or why the
16-18 application should not remain summarily denied pending a final
16-19 hearing on the suspension or denial.
16-20 (c) A final hearing may be scheduled at a time after the
16-21 final resolution of the matters resulting in the summary suspension
16-22 or summary denial. Chapter 2001, Government Code (Administrative
16-23 Procedure Act), does not apply to the board in the administration
16-24 and enforcement of the summary suspension of a registration or
16-25 commission or the summary denial of an application under this
16-26 section. The rules governing a hearing on any other suspension or
16-27 denial under this Act govern a final administrative hearing under
17-1 this section.
17-2 (d) To initiate a proceeding to summarily suspend a
17-3 registration or commission or to summarily deny an application, the
17-4 board must serve notice to the individual informing the individual
17-5 of the right to a preliminary hearing before the board. The notice
17-6 must be personally served on the individual or sent by certified or
17-7 registered mail, return receipt requested, to the individual's
17-8 mailing address as it appears in the board's records. The notice
17-9 must state the alleged violations that constitute grounds for
17-10 summary suspension. The suspension is effective at the time notice
17-11 is served. If notice is served in person, the individual shall
17-12 immediately surrender to the board the registration, commission,
17-13 pocket card, or other identification issued by the board. If
17-14 notice is served by mail, the individual shall immediately return
17-15 to the board the registration, commission, pocket card, or other
17-16 identification issued by the board.
17-17 SECTION 7. Section 14, Private Investigators and Private
17-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
17-19 Statutes), is amended by adding Subsections (d), (e), (f), and (g)
17-20 to read as follows:
17-21 (d) An applicant for a personal protection authorization:
17-22 (1) shall submit a written application for a personal
17-23 protection authorization on a form prescribed by the board;
17-24 (2) shall submit a current certificate of completion
17-25 of the basic security officer training course;
17-26 (3) shall provide proof that the applicant has been
17-27 issued a security officer commission by the board;
18-1 (4) shall provide proof that the applicant is
18-2 currently employed by an investigations company or guard company
18-3 licensed by the board;
18-4 (5) shall provide proof of completion and the results
18-5 of the Minnesota Multiphasic Personality Inventory psychological
18-6 testing as required by board rule;
18-7 (6) shall provide proof of training in nonlethal
18-8 self-defense or defense of a third person; and
18-9 (7) must be at least 21 years of age.
18-10 (e) A personal protection authorization expires on the date
18-11 the security officer commission under which the holder's
18-12 authorization was issued expires.
18-13 (f) The board shall establish a 15-hour course for a
18-14 personal protection officer consisting of training in nonlethal
18-15 self-defense or the defense of a third person. This training is in
18-16 addition to the required basic security officer training course.
18-17 (g) The board by rule shall require an applicant for a
18-18 personal protection officer authorization to complete the Minnesota
18-19 Multiphasic Personality Inventory test. The board may use the
18-20 results of the test to evaluate the psychological fitness of the
18-21 applicant.
18-22 SECTION 8. Subsection (a), Section 15, Private Investigators
18-23 and Private Security Agencies Act (Article 4413(29bb), Vernon's
18-24 Texas Civil Statutes), is amended to read as follows:
18-25 (a) An application for a license under this Act shall be in
18-26 the form prescribed by the board. The application shall include:
18-27 (1) the full name and business address of the
19-1 applicant;
19-2 (2) the name under which the applicant intends to do
19-3 business;
19-4 (3) a statement as to the general nature of the
19-5 business in which the applicant intends to engage;
19-6 (4) a statement as to the classification under which
19-7 the applicant desires to be qualified;
19-8 (5) the full name and residence address of each of its
19-9 partners, officers, and directors, and its manager, if the
19-10 applicant is an entity other than an individual;
19-11 (6) <two recent photographs of a type prescribed by
19-12 the board of the applicant, if the applicant is an individual, or
19-13 of each officer and of each partner or shareholder who owns a 25
19-14 percent or greater interest in the applicant, if the applicant is
19-15 an entity;>
19-16 <(7)> one classifiable set of fingerprints of the
19-17 applicant, if the applicant is an individual, or of each officer
19-18 and of each partner or shareholder who owns a 25 percent or greater
19-19 interest in the applicant, if the applicant is an entity;
19-20 (7) <(8)> a verified statement of his experience
19-21 qualifications in the particular field of classification in which
19-22 he is applying;
19-23 (8) <(9)> a letter from the police department and a
19-24 letter from the sheriff's department of the city and county wherein
19-25 the applicant resides concerning the character of the applicant and
19-26 containing any objection or recommendation as to his application;
19-27 and a letter from the Texas Department of Public Safety setting
20-1 forth the record of any convictions of any applicant for a felony
20-2 or a crime involving moral turpitude; and
20-3 (9) <(10)> any other information, evidence,
20-4 statements, or documents as may be required by the board.
20-5 SECTION 9. Subsection (a), Section 17, Private Investigators
20-6 and Private Security Agencies Act (Article 4413(29bb), Vernon's
20-7 Texas Civil Statutes), is amended to read as follows:
20-8 (a) If the General Appropriations Act does not specify the
20-9 amount of the fee, the board by rule shall establish reasonable and
20-10 necessary fees that produce funds sufficient for the administration
20-11 of this Act but that do not produce unnecessary fund balances and
20-12 do not exceed the following amounts:
20-13 Class A license $225
20-14 (original and renewal)
20-15 Class B license 225
20-16 (original and renewal)
20-17 Class C license 340
20-18 (original and renewal)
20-19 Reinstate suspended license 150
20-20 Assignment of license 150
20-21 Change name of license 75
20-22 Delinquency fee _____
20-23 Branch office certificate and renewal 150
20-24 Registration fee for private investigators, managers, 20
20-25 branch office managers, and alarm systems installers
20-26 (original and renewal)
20-27 Registration fee for noncommissioned security officer 35
21-1 Registration fee for security sales person 20
21-2 Registration fee for alarm systems monitor 20
21-3 Registration fee for dog trainer 20
21-4 Registration fee for owner, officer, partner, or 20
21-5 shareholder of a licensee
21-6 Registration fee for security consultants 55
21-7 Security officer commission fee 35
21-8 (original and renewal)
21-9 School instructor fee 100
21-10 (original and renewal)
21-11 School approval fee 250
21-12 (original and renewal)
21-13 Letter of authority fee for private businesses and 225
21-14 political subdivisions
21-15 (original and renewal)
21-16 FBI fingerprint check 25
21-17 Duplicate pocket card 10
21-18 Employee information update fee 15
21-19 Burglar alarm sellers renewal fee 25
21-20 Personal protection authorization 50
21-21 SECTION 10. Subsection (a), Section 19, Private
21-22 Investigators and Private Security Agencies Act (Article
21-23 4413(29bb), Vernon's Texas Civil Statutes), is amended to read as
21-24 follows:
21-25 (a) It is unlawful and punishable as provided in Section 44
21-26 of this Act:
21-27 (1) for an individual employed as a security officer
22-1 to knowingly carry a firearm during the course of performing his
22-2 duties as a security officer if the board has not issued him a
22-3 security officer commission under this section;
22-4 (2) for any person to hire or employ an individual or
22-5 for any individual to accept employment in the capacity of a
22-6 security officer to carry a firearm in the course and scope of his
22-7 duties unless the security officer is issued a security officer
22-8 commission by the board; <or>
22-9 (3) for a commissioned security officer to carry a
22-10 firearm unless:
22-11 (A) he is engaged in the performance of his
22-12 duties as a security officer or is engaged in traveling directly to
22-13 or from his place of assignment;
22-14 (B) he wears a distinctive uniform indicating
22-15 that he is a security officer; and
22-16 (C) the firearm is in plain view; or
22-17 (4) for a personal protection officer to carry a
22-18 concealed firearm unless the officer:
22-19 (A) is engaged in the exclusive performance of
22-20 the officer's duties as a personal protection officer for the
22-21 employer under whom the officer's personal protection authorization
22-22 was issued; and
22-23 (B) carries the officer's security officer
22-24 commission and personal protection authorization on the officer's
22-25 person while performing the officer's duties as a personal
22-26 protection officer and presents the commission and authorization on
22-27 request.
23-1 SECTION 11. Subsections (a) and (e), Section 28, Private
23-2 Investigators and Private Security Agencies Act (Article
23-3 4413(29bb), Vernon's Texas Civil Statutes), are amended to read as
23-4 follows:
23-5 (a) Any licensee or officer, director, partner, or manager
23-6 of a licensee shall divulge to any law enforcement officer or a
23-7 district attorney, or his representative, any information he may
23-8 acquire as to any criminal offense, but he shall not divulge to any
23-9 other person except as he may be required by state law or court
23-10 order so to do, any information acquired by him except at the
23-11 direction of the employer or client for whom the information was
23-12 obtained.
23-13 (e) Information that is contained in alarm systems records
23-14 held by a governmental body and that concerns the location of an
23-15 alarm system, the name of the occupant of an alarm system location,
23-16 or the type of alarm system used is confidential and may be
23-17 disclosed only to the board or as otherwise required by state law
23-18 or court order.
23-19 SECTION 12. Section 29, Private Investigators and Private
23-20 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
23-21 Statutes), is amended to read as follows:
23-22 Sec. 29. Employee Records. (a) Each licensee shall
23-23 maintain a record containing such information relative to his
23-24 employees as may be prescribed by the board.
23-25 (b) Each licensee shall maintain on file for board
23-26 inspection at the licensee's principal place of business or branch
23-27 office two recent color photographs of a type prescribed by the
24-1 board of each applicant, registrant, commissioned security officer,
24-2 and employee of the licensee.
24-3 SECTION 13. Subsection (a), Section 33, Private
24-4 Investigators and Private Security Agencies Act (Article
24-5 4413(29bb), Vernon's Texas Civil Statutes), is amended to read as
24-6 follows:
24-7 (a) The application for registration must be verified and
24-8 must include:
24-9 (1) the full name, residence address, residence
24-10 telephone number, date and place of birth, and the Social Security
24-11 number of the applicant;
24-12 (2) a statement listing any and all names used by the
24-13 applicant, other than the name by which he is currently known,
24-14 together with an explanation setting forth the place or places
24-15 where each name was used, the date or dates of each use, and a full
24-16 explanation of the reasons why each such name was used. If the
24-17 applicant has never used a name other than that by which he is
24-18 currently known, this fact must be set forth in the statement;
24-19 (3) the name and address of the applicant's employer
24-20 and applicant's consulting firm, the date the employment commenced,
24-21 and a letter from the licensee requesting that the applicant be
24-22 registered;
24-23 (4) the title of the position occupied by the
24-24 applicant and a description of his duties;
24-25 <(5) two recent photographs of the applicant, of a
24-26 type prescribed by the board, and two classifiable sets of his
24-27 fingerprints;> and
25-1 (5) <(6)> other information, evidence, statements, or
25-2 documents, as required by the board.
25-3 SECTION 14. Section 39, The Private Investigators and
25-4 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
25-5 Civil Statutes), is amended to read as follows:
25-6 Sec. 39. CRIMINAL HISTORY BACKGROUND CHECKS. (a) The board
25-7 may obtain any criminal history record relating to an applicant for
25-8 a license or a license holder regulated under this Act that is
25-9 maintained by the Department of Public Safety or the Federal Bureau
25-10 of Investigation. The board shall deny an application for a person
25-11 who does not provide two complete sets of fingerprints on forms
25-12 prescribed by the board or fails to pay any required fee under this
25-13 section.
25-14 (b) The board shall conduct a criminal history background
25-15 check as provided by this section on each applicant for a license,
25-16 registration, or security officer commission. To be eligible for a
25-17 license, registration, or commission, the background check must not
25-18 reveal that the applicant has committed an act that constitutes
25-19 grounds for the denial of the license, registration, or commission.
25-20 (c) <(b)> The board shall conduct a background check for an
25-21 applicant for a security officer commission with the Texas
25-22 Department of Public Safety. The applicant must receive the
25-23 approval of the board based on the results of the Texas Department
25-24 of Public Safety check before beginning employment as a
25-25 commissioned security officer.
25-26 (d) <(c)> The board shall conduct a background check for
25-27 each application for any other position regulated under this Act
26-1 with the Texas Department of Public Safety. To continue employment
26-2 in a capacity regulated under this Act, the applicant must receive
26-3 the approval of the board based on the results of that check not
26-4 later than the 120th day after the date on which the applicant
26-5 begins employment in that capacity.
26-6 (e) A license, security officer commission, registration,
26-7 letter of approval, or permit is conditional on the board's receipt
26-8 of criminal history information from the Department of Public
26-9 Safety.
26-10 SECTION 15. Section 44, Private Investigators and Private
26-11 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
26-12 Statutes), is amended by amending Subsection (c) and by adding
26-13 Subsections (f) and (g) to read as follows:
26-14 (c) Any person who violates any provision of this Act for
26-15 which a specific criminal penalty is not prescribed commits an
26-16 offense. An offense under this subsection is a Class A
26-17 misdemeanor, except that the offense is a felony of the third
26-18 degree if the person has previously been convicted of an offense
26-19 under this Act and the offense consists of the person's failure to
26-20 hold a registration, certificate, license, or commission that the
26-21 person is required to hold by this Act.
26-22 (f) A person commits an offense if the person hires,
26-23 contracts with, or employs a person who is required to hold a
26-24 registration, certificate, license, or commission under this Act
26-25 knowing that the person does not hold the required registration,
26-26 certificate, license, or commission or who otherwise, at the time
26-27 of hire, contract, or employment, is in violation of this Act. An
27-1 offense under this subsection is a Class A misdemeanor.
27-2 (g) A person commits an offense if the person does not
27-3 surrender or immediately return to the board the person's
27-4 registration, commission, pocket card, or other identification
27-5 issued to the person by the board on notification of a summary
27-6 suspension or summary denial under Section 11D of this Act. An
27-7 offense under this subsection is a Class A misdemeanor.
27-8 SECTION 16. Subsection (b), Section 46.02, Penal Code, is
27-9 amended to read as follows:
27-10 (b) It is a defense to prosecution under this section that
27-11 the actor was, at the time of the commission of the offense:
27-12 (1) in the actual discharge of his official duties as
27-13 a member of the armed forces or state military forces as defined by
27-14 Section 431.001, Government Code, or as a guard employed by a penal
27-15 institution;
27-16 (2) on his own premises or premises under his control
27-17 unless he is an employee or agent of the owner of the premises and
27-18 his primary responsibility is to act in the capacity of a security
27-19 guard to protect persons or property, in which event he must comply
27-20 with Subdivision (5);
27-21 (3) traveling;
27-22 (4) engaging in lawful hunting, fishing, or other
27-23 sporting activity on the immediate premises where the activity is
27-24 conducted, or was directly en route between the premises and the
27-25 actor's residence, if the weapon is a type commonly used in the
27-26 activity;
27-27 (5) a person who holds a security officer commission
28-1 issued by the Texas Board of Private Investigators and Private
28-2 Security Agencies, if:
28-3 (A) he is engaged in the performance of his
28-4 duties as a security officer or traveling to and from his place of
28-5 assignment;
28-6 (B) he is wearing a distinctive uniform; and
28-7 (C) the weapon is in plain view; <or>
28-8 (6) a peace officer, other than a person commissioned
28-9 by the Texas State Board of Pharmacy; or
28-10 (7) a person who holds a security officer commission
28-11 and a personal protection authorization issued by the Texas Board
28-12 of Private Investigators and Private Security Agencies and who is
28-13 providing personal protection under the Private Investigators and
28-14 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
28-15 Civil Statutes).
28-16 SECTION 17. Section 46.03, Penal Code, is amended by
28-17 amending Subsection (d) and by adding Subsection (g) to read as
28-18 follows:
28-19 (d) It is a defense to prosecution under Subsection (a)(5)
28-20 that the actor possessed a firearm or club while traveling to or
28-21 from the actor's place of assignment or in the actual discharge of
28-22 duties as:
28-23 (1) a peace officer;
28-24 (2) a member of the armed forces or national guard;
28-25 (3) a guard employed by a penal institution; <or>
28-26 (4) a security officer commissioned by the Texas Board
28-27 of Private Investigators and Private Security Agencies if:
29-1 (A) the actor is wearing a distinctive uniform;
29-2 and
29-3 (B) the firearm or club is in plain view; or
29-4 (5) a security officer who holds a personal protection
29-5 authorization under the Private Investigators and Private Security
29-6 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
29-7 (g) It is a defense to prosecution under Subsection (a)(4)
29-8 that the actor possessed a firearm or club while traveling to or
29-9 from the actor's place of assignment or in the actual discharge of
29-10 duties as a security officer commissioned by the Texas Board of
29-11 Private Investigators and Private Security Agencies, if:
29-12 (1) the actor is wearing a distinctive uniform; and
29-13 (2) the firearm or club is in plain view.
29-14 SECTION 18. This Act takes effect September 1, 1995, except
29-15 that Section 11 of this Act takes effect March 1, 1996.
29-16 SECTION 19. (a) The change in law made by this Act applies
29-17 only to the punishment of an offense committed on or after the
29-18 effective date of this Act. For purposes of this section, an
29-19 offense is committed before the effective date of this Act if any
29-20 element of the offense occurs before the effective date.
29-21 (b) An offense committed before the effective date of this
29-22 Act is covered by the law in effect when the offense was committed,
29-23 and the former law is continued in effect for that purpose.
29-24 SECTION 20. The Texas Board of Private Investigators and
29-25 Private Security Agencies shall adopt rules and prescribe forms
29-26 under this Act not later than March 1, 1996.
29-27 SECTION 21. If H.B. No. 713, 74th Legislature, Regular
30-1 Session, 1995, is enacted and becomes law, the amendments made by
30-2 that Act to Sections 11B, 14, 19, 28, 39A, and 44, Private
30-3 Investigators and Private Security Agencies Act (Article
30-4 4413(29bb), Vernon's Texas Civil Statutes), and to Section 46.03,
30-5 Penal Code, do not take effect and are repealed.
30-6 SECTION 22. The importance of this legislation and the
30-7 crowded condition of the calendars in both houses create an
30-8 emergency and an imperative public necessity that the
30-9 constitutional rule requiring bills to be read on three several
30-10 days in each house be suspended, and this rule is hereby suspended.