By Turner S.B. No. 1542
Substitute the following for S.B. No. 1542:
By Allen C.S.S.B. No. 1542
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), (4), (5) and
1-8 (31) and adding Subsections (33), (34), (35), (36) and (37) to read
1-9 as follows:
1-10 (3) "Investigations company" means:
1-11 (A) any person who engages in the business or
1-12 accepts employment to obtain or furnish information with reference
1-13 to:
1-14 (i) <(a)> a crime or wrongs done or threatened against
1-15 the United States of America or any state or territory of the
1-16 United States of America;
1-17 (ii) <(b)> the identity, habits, conduct, business,
1-18 occupation, honesty, integrity, credibility, knowledge,
1-19 trustworthiness, efficiency, loyalty, activity, movement,
1-20 whereabouts, affiliations, associations, transactions, acts,
1-21 reputation, or character of any person;
1-22 (iii) <(c)> the location, disposition, or recovery of
1-23 lost or stolen property;
1-24 (iv) <(d)> the cause or responsibility for fires,
2-1 libels, losses, accidents, damages, or injuries to persons or to
2-2 property; <or>
2-3 (v) <(e)> the securing of evidence to be used before
2-4 any court, board, officer, or investigating committee; or
2-5 (vi) the electronic tracking of the location of any
2-6 individual or motor vehicle other than for criminal justice
2-7 purposes by or on behalf of a governmental entity; or
2-8 (B) any person who engages in the business of or
2-9 accepts employment to protect one or more individuals from bodily
2-10 harm through the use of a personal protection officer.
2-11 (4) "Guard company" means any person engaging in the
2-12 business of or undertaking to provide a private watchman, guard, or
2-13 street patrol service on a contractual basis for another person and
2-14 performing any one or more of the following or similar functions:
2-15 (a) prevention of intrusion, entry, larceny,
2-16 vandalism, abuse, fire, or trespass on private property;
2-17 (b) prevention, observation, or detection of any
2-18 unauthorized activity on private property;
2-19 (c) control, regulation, or direction of the
2-20 flow or movements of the public, whether by vehicle or otherwise,
2-21 only to the extent and for the time directly and specifically
2-22 required to assure the protection of property; <or>
2-23 (d) protection of individuals from bodily harm;
2-24 or
2-25 (e) protection of one or more individuals from
2-26 bodily harm through the use of a personal protection officer.
2-27 (5) "Alarm systems company" means any person that sells,
3-1 installs, services, monitors or responds to burglar alarm signal
3-2 devices, detection devices, burglar alarms, robbery alarms,
3-3 television cameras, still cameras, or any other electrical,
3-4 mechanical, or electronic device used:
3-5 (a) to prevent or detect burglary, theft, robbery,
3-6 shoplifting, pilferage, shrinkage, or other losses of that type;
3-7 (b) to prevent or detect intrusion; or
3-8 (c) primarily to detect or summon aid for other
3-9 emergencies.
3-10 (31) "Alarm system monitor" means an individual who monitors
3-11 burglar alarm signal devices, detection devices, burglar alarms,
3-12 robbery alarms, television cameras, still cameras, or any other
3-13 electrical, mechanical, or electronic device used to prevent or
3-14 detect burglary, theft, shoplifting, pilferage, shrinkage, or
3-15 similar losses, used to prevent or detect intrusion, or used
3-16 primarily to summon aid for other emergencies. The term does not
3-17 include a person employed exclusively and regularly by an employer
3-18 other than a licensee in connection with the affairs of that
3-19 employer, and with whom the person has an employer-employee
3-20 relationship.
3-21 (33) "Detection device" means an electronic device used as a
3-22 part of a burglar or hold-up alarm including any control,
3-23 communications, motion detector, door or window switch, sound
3-24 detector, vibration detector, light beam, pressure mat, wiring or
3-25 similar device; or any electronic device used to limit access by
3-26 persons into building structures or gate compounds, including any
3-27 control, communications, motion detector, door or window switch,
4-1 card or proximity readers, push-button key pad entry, gate entry
4-2 device, door exit buttons, or similar device.
4-3 (34) "Personal protection authorization" means an
4-4 authorization granted by the board to an individual who:
4-5 (A) meets the requirements of Section 14(d) of
4-6 this Act; and
4-7 (B) has been issued a security officer
4-8 commission to carry a concealed firearm.
4-9 (35) "Personal protection officer" means an individual who
4-10 provides personal protection from bodily harm to one or more
4-11 individuals under a security officer commission and a personal
4-12 protection officer authorization issued by the board.
4-13 (36) "Animal Cruelty Investigator" means an individual who
4-14 investigates animal cruelty and related offenses as defined in the
4-15 laws of the State of Texas and to whom the Board has issued an
4-16 authorization to conduct such investigations.
4-17 (37) "Animal Cruelty Investigator Certification" means an
4-18 authorization granted by the Board to an individual who meets the
4-19 qualifications defined in Section 14C of this act and who has
4-20 successfully completed a Board approved training course relating to
4-21 the enforcement of animal cruelty.
4-22 SECTION 2. Section 3(a), Private Investigators and Private
4-23 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
4-24 Statutes), is amended to read as follows:
4-25 (a) This Act does not apply to:
4-26 (1) a person employed exclusively and regularly by one
4-27 employer in connection with the affairs of an employer only and
5-1 where there exists an employer-employee relationship; provided,
5-2 however, any person who shall carry a firearm in the course of his
5-3 employment shall be required to obtain a private security officer
5-4 commission under the provisions of this Act;
5-5 (2) except as provided by Subsection (d) of this
5-6 Section, an officer or employee of the United States of America, or
5-7 of this State or political subdivision of either, while the
5-8 employee or officer is engaged in the performance of official
5-9 duties;
5-10 (3) a person who has full-time employment as a peace
5-11 officer as defined by Article 2.12, Code of Criminal Procedure, who
5-12 receives compensation for private employment on an individual or an
5-13 independent contractor basis as a patrolman, guard, or watchman if
5-14 such person is:
5-15 (A) employed in an employee-employer
5-16 relationship; or
5-17 (B) employed on an individual contractual basis;
5-18 (C) not in the employ of another peace officer;
5-19 and
5-20 (D) not a reserve peace officer;
5-21 (4) a person engaged exclusively in the business of
5-22 obtaining and furnishing information for purposes of credit
5-23 worthiness or collecting debts or ascertaining the financial
5-24 responsibility of applicants for property insurance and for
5-25 indemnity or surety bonds, with respect to persons, firms, and
5-26 corporations;
5-27 (5) an attorney-at-law in performing his duties;
6-1 (6) admitted insurers, insurance adjusters, agents,
6-2 and insurance brokers licensed by the State, performing duties in
6-3 connection with insurance transacted by them;
6-4 (7) a person who engages exclusively in the business
6-5 of repossessing property that is secured by a mortgage or other
6-6 security interest;
6-7 (8) a locksmith who does not install or service
6-8 detection devices, does not conduct investigations, and is not a
6-9 security service contractor;
6-10 (9) a person who owns and installs burglar detection
6-11 or alarm devices on his own property or, if he does not charge for
6-12 the device or its installation, installs it for the protection of
6-13 his personal property located on another's property, and does not
6-14 install the devices as a normal business practice on the property
6-15 of another;
6-16 (10) an employee of a cattle association who is
6-17 engaged in inspection of brands of livestock under the authority
6-18 granted to that cattle association by the Packers and Stockyards
6-19 Division of the United States Department of Agriculture;
6-20 (11) the provisions of this Act shall not apply to
6-21 common carriers by rail engaged in interstate commerce and
6-22 regulated by state and federal authorities and transporting
6-23 commodities essential to the national defense and to the general
6-24 welfare and safety of the community;
6-25 (12) a registered professional engineer practicing in
6-26 accordance with the provisions of the Texas Engineering Practice
6-27 Act that does not install or service detection devices, does not
7-1 conduct non-engineering investigations, is performing forensic
7-2 engineering studies, and is not a security services contractor;
7-3 (13) a person whose sale of burglar alarm signal
7-4 devices, burglary alarms, television cameras, still cameras, or
7-5 other electrical, mechanical, or electronic devices used for
7-6 preventing or detecting burglary, theft, shoplifting, pilferage, or
7-7 other losses is exclusively over-the-counter or by mail order;
7-8 (14) a person who holds a license or other form of
7-9 permission issued by an incorporated city or town to practice as an
7-10 electrician and who installs fire or smoke detectors in no building
7-11 other than a single family or multifamily residence;
7-12 (15) a person or organization in the business of
7-13 building construction that installs electrical wiring and devices
7-14 that may include in part the installation of a burglar alarm or
7-15 detection device if:
7-16 (A) the person or organization is a party to a
7-17 contract that provides that the installation will be performed
7-18 under the direct supervision of and inspected and certified by a
7-19 person or organization licensed to install and certify such an
7-20 alarm or detection device and that the licensee assumes full
7-21 responsibility for the installation of the alarm or detection
7-22 device; and
7-23 (B) the person or organization does not service
7-24 or maintain burglar alarms or detection devices;
7-25 (16) a reserve peace officer while the reserve officer
7-26 is performing guard, patrolman, or watchman duties for a county and
7-27 is being compensated solely by that county;
8-1 (17) response to a burglar alarm or detection device
8-2 by a law enforcement agency or by a law enforcement officer acting
8-3 in an official capacity;
8-4 (18) a person who, by education, experience, or
8-5 background has specialized expertise or knowledge such as that
8-6 which would qualify or tend to qualify such person as an expert
8-7 witness, authorized to render opinions in proceedings conducted in
8-8 a court, administrative agency, or governing body of this state or
8-9 of the United States, in accordance with applicable rules and
8-10 regulations and who does not perform any other service for which a
8-11 license is required by provisions of this Act;
8-12 (19) an officer, employee, or agent of a common
8-13 carrier, as defined by Section 153(h), Communications Act of 1934
8-14 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
8-15 user of the carrier's long-distance services from a fraudulent,
8-16 unlawful, or abusive use of those long-distance services;
8-17 (20) a person who sells or installs automobile burglar
8-18 alarm devices and that does not perform any other act that requires
8-19 a license under this Act;
8-20 (21) a manufacturer, or a manufacturer's authorized
8-21 distributor, who sells to the holder of a license under this Act
8-22 equipment used in the operations for which the holder is required
8-23 to be licensed;
8-24 (22) a person employed as a noncommissioned security
8-25 officer by a political subdivision of this state;
8-26 (23) a person whose activities are regulated under
8-27 Article 5.43-2, Insurance Code, except to the extent that those
9-1 activities are specifically regulated under this Act;
9-2 (24) a landman performing activities in the course and
9-3 scope of the landman's business;
9-4 (25) a hospital or a wholly owned subsidiary or
9-5 affiliate of a hospital that provides medical alert services for
9-6 persons who are sick or disabled, if the hospital, subsidiary, or
9-7 affiliate is licensed under Chapter 241, Health and Safety Code,
9-8 and the hospital does not perform any other service that requires a
9-9 license under this Act;
9-10 (26) a charitable, nonprofit organization that
9-11 provides medical alert services for persons who are sick or
9-12 disabled, if the organization:
9-13 (A) is exempt from taxation under Section
9-14 501(c)(3), Internal Revenue Code of 1986;
9-15 (B) has its monitoring services provided by a
9-16 licensed person or hospital or a wholly owned subsidiary or
9-17 affiliate of a hospital licensed under Chapter 241, Health and
9-18 Safety Code; and
9-19 (C) does not perform any other service that
9-20 requires a license under this Act;
9-21 (27) a person engaged in the business of electronic
9-22 monitoring of a person as a condition of that person's probation,
9-23 parole, mandatory supervision, or release on bail, if the person
9-24 does not perform any other service that requires a license under
9-25 this Act;
9-26 (28) a nonprofit business or civic organization that:
9-27 (A) employs one or more peace officers meeting
10-1 the qualifications of Subdivision (3) of this subsection as
10-2 patrolmen, guards, or watchmen;
10-3 (B) provides the services of these peace
10-4 officers only to:
10-5 (i) its members; or
10-6 (ii) if the organization does not have
10-7 members, the members of the communities served by the organization
10-8 as described in its articles of incorporation or other
10-9 organizational documents;
10-10 (C) devotes the net receipts from all charges
10-11 for the services exclusively to the cost of providing the services
10-12 or to the costs of other services for the enhancement of the
10-13 security or safety of:
10-14 (i) its members; or
10-15 (ii) if the organization does not have
10-16 members, the members of the communities served by the organization
10-17 as described in its articles of incorporation or other
10-18 organizational documents; and
10-19 (D) does not perform any other service that
10-20 requires a license under this Act;
10-21 (29) a charitable, nonprofit organization that
10-22 maintains a system of records to aid in the location of missing
10-23 children if the organization:
10-24 (A) is exempt from federal taxation under
10-25 Section 501(c)(3), Internal Revenue Code of 1986, and its
10-26 subsequent amendments;
10-27 (B) exclusively provides services related to
11-1 locating missing children; and
11-2 (C) does not perform any other service that
11-3 requires a license under this Act; or
11-4 (30) a person engaged in the business of psychological
11-5 testing or other testing and interviewing services (to include but
11-6 not limited to attitudes, honesty, intelligence, personality, and
11-7 skills) for preemployment purposes, if the person does not perform
11-8 any other service that requires a license under this Act.
11-9 SECTION 3. Section 3A (a) and (c), Private Investigators and
11-10 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
11-11 Civil Statutes), are amended to read as follows:
11-12 Section 3A. (a) Except as provided by Subsection (c) of
11-13 this section, the provisions of this Act do not apply to a person
11-14 who sells <burglar alarms> detection devices or other devices for
11-15 preventing or detecting burglary in a person's residence if:
11-16 (1) the person does not install, service, or maintain
11-17 <the burglar alarms or other> detection devices;
11-18 (2) the person holds a valid seller's certificate
11-19 issued by the board;
11-20 (3) the person has, as a precedent for obtaining a
11-21 seller's certificate, submitted to the board an application for a
11-22 seller's certificate which shall include the person's full name,
11-23 residence telephone number, date and place of birth, and Social
11-24 Security number<, together with two color photographs taken within
11-25 the past six months that show a facial likeness of the person> and
11-26 two sets of classifiable fingerprints;
11-27 (4) the person has paid to the board a seller's
12-1 certificate fee as established by the board, but not to exceed $25,
12-2 which certificate shall be valid for a period of two years;
12-3 (5) there is filed with the board, either by the
12-4 manufacturer, distributor, or sellers of such devices, a
12-5 certificate evidencing insurance for liability for bodily injury or
12-6 property damage arising from faulty or defective products in an
12-7 amount not less than $1 million combined single limit, provided
12-8 that such policy of insurance need not relate exclusively to
12-9 burglary devices;
12-10 (6) there has been filed with the board, either by the
12-11 manufacturer, distributor, or sellers of such devices, a surety
12-12 bond executed by a surety company authorized to do business in this
12-13 state in the sum of $10,000 in favor of the State of Texas, and any
12-14 customer purchasing such devices in his home who does not receive
12-15 delivery of the devices in accordance with the contract or
12-16 agreement may bring an action against the bond to recover the down
12-17 payment or purchase price actually paid; and
12-18 (7) the person is not employed by a security services
12-19 contractor.
12-20 (c) It shall be unlawful and punishable as provided in
12-21 Section 44 of this Act for any person who holds a current seller's
12-22 certificate to install, service, monitor, or respond to <burglar
12-23 alarms or other> detection devices used to prevent or detect
12-24 burglary or other losses of that type.
12-25 SECTION 4. Section 11B, Subsection (a) Private Investigators
12-26 and Private Security Agencies Act (Article 4413(29bb), Vernon's
12-27 Texas Civil Statutes), is amended to read as follows:
13-1 Section 11B. (a) The board shall revoke or suspend any
13-2 registration, license, or security officer commission, reprimand
13-3 any registrant, licensee, or commissioned security officer, or deny
13-4 an application for a registration, license, or security officer
13-5 commission, or renewal thereof, or may place on probation a person
13-6 whose registration, license, or security officer commission has
13-7 been suspended, on proof:
13-8 (1) that the applicant, licensee, commissioned
13-9 security officer, or registrant has violated any provisions of this
13-10 Act or of the rules and regulations promulgated under this Act;
13-11 (2) that the applicant, licensee, commissioned
13-12 security officer, or registrant has committed any act resulting in
13-13 conviction of a felony;
13-14 (3) that the applicant, licensee, commissioned
13-15 security officer, or registrant has committed an act after the date
13-16 of application for a registration, license, or security officer
13-17 commission that results in a conviction of a misdemeanor involving
13-18 moral turpitude;
13-19 (4) that the applicant, licensee, commissioned
13-20 security officer, or registrant has practiced fraud, deceit, or
13-21 misrepresentation; <or>
13-22 (5) that the applicant, licensee, commissioned
13-23 security officer, or registrant has made a material misstatement in
13-24 the application for or renewal of the license, registration, or
13-25 security officer commission<.>; or
13-26 (6) that the licensee of the commissioned security
13-27 officer or registrant has submitted to the board sufficient
14-1 evidence that a commissioned security officer or registrant, while
14-2 in the employ of the licensee, practiced fraud or deceit, or
14-3 committed theft while performing work as a commissioned security
14-4 officer or registrant.
14-5 SECTION 5. Section 11(d), Private Investigators and Private
14-6 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
14-7 Statutes), is amended to read as follows:
14-8 (d) The board shall <may> recognize, prepare, or administer
14-9 continuing education programs for <persons> private investigators
14-10 regulated by the board under this Act. The board shall set the
14-11 minimum number of hours that must be completed and the types of
14-12 programs that may be offered for private investigators regulated by
14-13 the board. A private investigator regulated by the board shall
14-14 submit evidence of compliance with the board's continuing education
14-15 requirements in a manner prescribed by the board. <Participation
14-16 in the programs is voluntary.>
14-17 SECTION 6. Section 14, Private Investigators and Private
14-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
14-19 Statutes), is amended by adding Subsections (d)-(g) to read as
14-20 follows:
14-21 (d) An applicant for a personal protection authorization:
14-22 (1) shall submit a written application for a personal
14-23 protection authorization on a form prescribed by the board;
14-24 (2) shall submit a current certificate of completion
14-25 of the basic security officer training course;
14-26 (3) shall provide proof that the applicant is
14-27 currently employed by an investigations company or guard company
15-1 licensed by the board;
15-2 (4) may not have been convicted of an offense
15-3 involving assault during the seven years preceding the date of the
15-4 application;
15-5 (5) shall provide proof of completion and the results
15-6 of the Minnesota Multiphasic Personality Inventory psychological
15-7 testing as required by board rule;
15-8 (6) shall provide proof of training in nonlethal
15-9 self-defense or defense of a third person; and
15-10 (7) must be at least 21 years of age.
15-11 (e) A personal protection authorization runs concurrently
15-12 with the dates of issuance and expiration of the security officer
15-13 commission under which the holder's authorization was issued.
15-14 (f) The board shall establish a 15-hour course for a
15-15 personal protection officer consisting of training in nonlethal
15-16 self-defense or the defense of a third person. This training is in
15-17 addition to the required basic security officer training course.
15-18 (g) The board by rule shall require an applicant for a
15-19 personal protection officer authorization to complete the Minnesota
15-20 Multiphasic Personality Inventory test. The board may use the
15-21 results of the test to evaluate the psychological fitness of the
15-22 applicant.
15-23 SECTION 7. The Private Investigators and Private Security
15-24 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes),
15-25 is amended by amending Section 14B and adding 14C, to read as
15-26 follows:
15-27 Section 14B. A person who has been convicted of cruelty to
16-1 animals is ineligible for a license for a guard dog company under
16-2 this Act <and> , is <also> ineligible for registration as a dog trainer
16-3 and is also ineligible for certification as an animal cruelty
16-4 investigator. Such a person may not be employed to work with dogs
16-5 as a security officer by a security services contractor or a
16-6 security department of a private business that uses dogs to protect
16-7 individuals or property or to conduct investigations.
16-8 Section 14C. (a) An applicant for certification as an
16-9 animal cruelty investigator shall:
16-10 (1) meet the qualifications of subsection (a) of
16-11 Section 14 of this act;
16-12 (2) successfully complete and be issued a certificate
16-13 of completion in Levels One and Two of the Association of Certified
16-14 Cruelty Investigators training course; and
16-15 (3) submit a written request for certification on a
16-16 form prescribed by the Board along with two fingerprint cards, two
16-17 color photographs showing the facial likeness of the applicant, a
16-18 copy of the applicant's certificate of completion along with the
16-19 certification fee prescribed by the Board.
16-20 (b) After consulting a recognized animal welfare
16-21 organization, the Board shall adopt rules to implement the training
16-22 requirements and certification of animal cruelty investigators.
16-23 (c) An Animal Cruelty Investigator Certification shall be
16-24 valid for one year from the date of issuance and may be renewed by
16-25 providing the Board with evidence of a minimum of 12 hours of
16-26 continuing education taught by the Association of Certified Cruelty
16-27 Investigators and by paying the renewal fee as prescribed by the
17-1 Board.
17-2 SECTION 8. Section 15. (A), Private Investigators and
17-3 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
17-4 Civil Statutes), is amended to read as follows:
17-5 Section 15. (A) An application for a license under this Act
17-6 shall be in the form prescribed by the board. The application
17-7 shall include:
17-8 (1) the full name and business address of the
17-9 applicant;
17-10 (2) the name under which the applicant intends to do
17-11 business;
17-12 (3) a statement as to the general nature of the
17-13 business in which the applicant intends to engage;
17-14 (4) a statement as to the classification under which
17-15 the applicant desires to be qualified;
17-16 (5) the full name and residence address of each of its
17-17 partners, officers, and directors, and its manager, if the
17-18 applicant is an entity other than an individual;
17-19 <(6) two recent photographs of a type prescribed by
17-20 the board of the applicant, if the applicant is an individual, or
17-21 of each officer and of each partner or shareholder who owns a 25
17-22 percent or greater interest in the applicant, if the applicant is
17-23 an entity;>
17-24 (6) <(7)> one classifiable set of fingerprints of the
17-25 applicant, if the applicant is an individual, or of each officer
17-26 and of each partner or shareholder who owns 25 percent or greater
17-27 interest in the applicant, if the applicant is an entity;
18-1 (7) <(8)> a verified statement of his experience
18-2 qualifications in the particular field of classification in which
18-3 he is applying;
18-4 (8) <(9)> a letter from the police department and a
18-5 letter from the sheriff's department of the city and county wherein
18-6 the applicant resides concerning the character of the applicant and
18-7 containing any objection or recommendation as to his application;
18-8 and a letter from the Texas Department of Public Safety setting
18-9 forth the record of any convictions of any applicant for a felony
18-10 or a crime involving moral turpitude; and
18-11 (9) <(10)> any other information, evidence, statements
18-12 or documents as may be required by the board.
18-13 SECTION 9. Section 17(a), Private Investigators and Private
18-14 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
18-15 Statutes), is amended to read as follows:
18-16 Section 17. (a) If the General Appropriations Act does not
18-17 specify the amount of the fee, the board by rule shall establish
18-18 reasonable and necessary fees that produce funds sufficient for the
18-19 administration of this Act but that do not produce unnecessary fund
18-20 balances and do not exceed the following amounts:
18-21 Class A license $225
18-22 (original and renewal)
18-23 Class B license 225
18-24 (original and renewal)
18-25 Class C license 340
18-26 (original and renewal)
18-27 Reinstate suspended license 150
19-1 Assignment of license 150
19-2 Change name of license 75
19-3 Delinquency fee _____
19-4 Branch office certificate and renewal 150
19-5 Registration fee for private investigators, managers, 20
19-6 branch office managers, and alarm systems installers
19-7 (original and renewal)
19-8 Registration fee for noncommissioned security officer 35
19-9 Registration fee for security sales person 20
19-10 Registration fee for alarm systems monitor 20
19-11 Registration fee for dog trainer 20
19-12 Registration fee for owner, officer, partner, or 20
19-13 shareholder of a licensee
19-14 Registration fee for security consultants 55
19-15 Security officer commission fee 35
19-16 (original and renewal)
19-17 School instructor fee 100
19-18 (original and renewal)
19-19 School approval fee 250
19-20 (original and renewal)
19-21 Letter of Authority fee for private businesses and 225
19-22 political subdivisions
19-23 (original and renewal)
19-24 FBI fingerprint check 25
19-25 Duplicate pocket card 10
19-26 Employee information update fee 15
19-27 Burglar alarm sellers renewal fee 25
20-1 Animal Cruelty Investigator Certification 50
20-2 Personal protection authorization 50
20-3 SECTION 10. Section 19(a), Private Investigators and Private
20-4 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
20-5 Statutes), is amended to read as follows:
20-6 (a) It is unlawful and punishable as provided in Section 44
20-7 of this Act:
20-8 (1) for an individual employed as a security officer
20-9 to knowingly carry a firearm during the course of performing his
20-10 duties as a security officer if the board has not issued him a
20-11 security officer commission under this section;
20-12 (2) for any person to hire or employ an individual or
20-13 for any individual to accept employment in the capacity of a
20-14 security officer to carry a firearm in the course and scope of his
20-15 duties unless the security officer is issued a security officer
20-16 commission by the board; <or>
20-17 (3) for a commissioned security officer to carry a
20-18 firearm unless:
20-19 (A) he is engaged in the performance of his
20-20 duties as a security officer or is engaged in traveling directly to
20-21 or from his place of assignment;
20-22 (B) he wears a distinctive uniform indicating
20-23 that he is a security officer; and
20-24 (C) the firearm is in plain view; or
20-25 (4) for a personal protection officer to carry a
20-26 concealed firearm unless the officer:
20-27 (A) has been issued a personal protection
21-1 authorization by the board;
21-2 (B) is engaged in the exclusive performance of
21-3 the officer's duties as a personal protection officer for the
21-4 employer under whom the officer's personal protection authorization
21-5 was issued; and
21-6 (C) carries the officer's security officer
21-7 commission and personal protection authorization on the officer's
21-8 person while performing the officer's duties as a personal
21-9 protection officer and presents the commission and authorization on
21-10 request.
21-11 SECTION 11. Section 28, Subsections (a) and (e) Private
21-12 Investigators and Private Security Agencies Act (Article
21-13 4413(29bb), Vernon's Texas Civil Statutes), are amended to read as
21-14 follows:
21-15 (a) Any licensee or officer, director, partner, or manager
21-16 of a licensee shall divulge to any law enforcement officer or
21-17 district attorney, or his representative, any information he may
21-18 acquire as to any criminal offense, but he shall not divulge to any
21-19 other person except as he may be required by state law or court
21-20 order so to do, any information acquired by him except at the
21-21 direction of the employer or client for whom information was
21-22 obtained.
21-23 (e) Information that is contained in alarm records held by a
21-24 governmental body and that concerns the location of an alarm
21-25 system, the name of the occupant of an alarm system location, or
21-26 the type of alarm system used is confidential and may be disclosed
21-27 only to the board or as otherwise by state law or court order.
22-1 SECTION 12. Section 29, Private Investigators and Private
22-2 Security Agencies Act (Article 4413(29bb) V.A.C.S., Vernon's Texas
22-3 Civil Statutes is amended by amending Section 29 to become Section
22-4 29(a) and by adding Subsection (b) to read as follows:
22-5 Section 29. (a) Each licensee shall maintain a record
22-6 containing such information relative to his employees as may be
22-7 prescribed by the board.
22-8 (b) Each licensee shall maintain on file for board
22-9 inspection at the licensee's principal place of business or branch
22-10 office two (2) recent color photographs of a type prescribed by the
22-11 board of each applicant, registrant, commissioned security officer
22-12 and employee of the licensee.
22-13 SECTION 13. Section 33. (A), Private Investigators and
22-14 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
22-15 Civil Statutes, is amended to read as follows:
22-16 Section 33. (A) The application for registration must be
22-17 verified and must include:
22-18 (1) the full name, residence address, residence
22-19 telephone number, date and place of birth, and the Social Security
22-20 number of the applicant;
22-21 (2) a statement listing any and all names used by the
22-22 applicant, other than the name by which he is currently known,
22-23 together with an explanation setting forth the place or places
22-24 where each name was used, the date or dates of each use, and a full
22-25 explanation of the reasons why each such name was used. If the
22-26 applicant has never used a name other than that by which he is
22-27 currently known, this fact must be set forth in the statement;
23-1 (3) the name and address of the applicant's employer
23-2 and applicant's consulting firm, the date the employment commenced,
23-3 and a letter from the licensee requesting that the applicant be
23-4 registered;
23-5 (4) the title of the position occupied by the
23-6 applicant and a description of his duties;
23-7 <(5) two recent photographs of the applicant, of a
23-8 type prescribed by the board, and two classifiable sets of his
23-9 fingerprints;> and
23-10 <(6)> (5) other information, evidence, statements, or
23-11 documents, as required by the board.
23-12 SECTION 14. The Private Investigators and Private Security
23-13 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
23-14 amended by adding Section 39A to read as follows:
23-15 Sec. 39A. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE BASED
23-16 ON CRIMINAL HISTORY BACKGROUND CHECK. (a) The board may obtain
23-17 any criminal history record relating to an applicant for a license
23-18 or a license holder regulated under this Act that is maintained by
23-19 the Department of Public Safety and the Federal Bureau of
23-20 Investigation. The board shall deny an application for a person
23-21 who does not provide two complete sets of fingerprints on forms
23-22 prescribed by the board or fails to pay any required fee under this
23-23 section.
23-24 (b) The board shall suspend a license, registration,
23-25 security officer commission, letter of approval, or permit issued
23-26 to an individual under this Act if the board receives written
23-27 notification from the Department of Public Safety or any other law
24-1 enforcement agency that the individual has been arrested for or
24-2 charged with a felony or a misdemeanor involving moral turpitude.
24-3 (c) The board shall deny an application for a license,
24-4 registration, security officer commission, letter of approval, or
24-5 permit for an individual if the board receives written notification
24-6 from the Department of Public Safety or any other law enforcement
24-7 agency that the individual has been arrested for or charged with a
24-8 felony or a misdemeanor involving moral turpitude.
24-9 (d) A license, security officer commission, registration,
24-10 letter of approval, or permit is conditional on the board's receipt
24-11 of criminal history information from the Department of Public
24-12 Safety and shall be denied, suspended, or revoked if the board
24-13 receives information from the Federal Bureau of Investigation or
24-14 any other law enforcement agency that the individual or applicant
24-15 has a record of having committed a criminal offense.
24-16 SECTION 15. Section 44, Private Investigators and Private
24-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
24-18 Statutes), is amended by amending Subsection (c) and adding
24-19 Subsection (f) to read as follows:
24-20 (c) Any person who violates any provision of this Act for
24-21 which a specific criminal penalty is not prescribed commits an
24-22 offense. An offense under this subsection is a Class A
24-23 misdemeanor<.>, except that the offense is a felony of the third
24-24 degree if the person has previously been convicted of an offense
24-25 under this Act and the offense consists of the person's failure to
24-26 hold a registration, certificate, license, or commission that the
24-27 person is required to hold by this Act.
25-1 (f) A person commits an offense if the person knowingly
25-2 hires, contracts with, or employs a person who is required to hold
25-3 a registration, certificate, license, or commission under this Act
25-4 but does not hold the required registration, certificate, license,
25-5 or commission or who otherwise, at the time of hire, contract, or
25-6 employment, is in violation of this Act. An offense under this
25-7 subsection is a Class A misdemeanor.
25-8 SECTION 16. Section 46.02(b), Penal Code, is amended to read
25-9 as follows:
25-10 (b) It is a defense to prosecution under this section that
25-11 the actor was, at the time of the commission of the offense:
25-12 (1) in the actual discharge of his official duties as
25-13 a member of the armed forces or state military forces as defined by
25-14 Section 431.001, Government Code, or as a guard employed by a penal
25-15 institution;
25-16 (2) on his own premises or premises under his control
25-17 unless he is an employee or agent of the owner of the premises and
25-18 his primary responsibility is to act in the capacity of a security
25-19 guard to protect persons or property, in which event he must comply
25-20 with Subdivision (5);
25-21 (3) traveling;
25-22 (4) engaging in lawful hunting, fishing, or other
25-23 sporting activity on the immediate premises where the activity is
25-24 conducted, or was directly en route between the premises and the
25-25 actor's residence, if the weapon is a type commonly used in the
25-26 activity;
25-27 (5) a person who holds a security officer commission
26-1 issued by the Texas Board of Private Investigators and Private
26-2 Security Agencies, if:
26-3 (A) he is engaged in the performance of his
26-4 duties as a security officer or traveling to and from his place of
26-5 assignment;
26-6 (B) he is wearing a distinctive uniform; and
26-7 (C) the weapon is in plain view; <or>
26-8 (6) a peace officer, other than a person commissioned
26-9 by the Texas State Board of Pharmacy; or
26-10 (7) a person who holds a security officer commission
26-11 and a personal protection authorization issued by the Texas Board
26-12 of Private Investigators and Private Security Agencies and who is
26-13 providing personal protection under the Private Investigators and
26-14 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
26-15 Civil Statutes).
26-16 SECTION 17. Section 46.03(d), Penal Code, is amended to read
26-17 as follows:
26-18 (d) It is a defense to prosecution under Subsection (a)<(5)>
26-19 that the actor possessed a firearm or club while traveling to or
26-20 from the actor's place of assignment or in the actual discharge of
26-21 duties as:
26-22 (1) a peace officer;
26-23 (2) a member of the armed forces or national guard;
26-24 (3) a guard employed by a penal institution; <or>
26-25 (4) a security officer commissioned by the Texas Board
26-26 of Private Investigators and Private Security Agencies if:
26-27 (A) the actor is wearing a distinctive uniform;
27-1 and
27-2 (B) the firearm or club is in plain view; or
27-3 (5) a security officer who holds a personal protection
27-4 authorization under the Private Investigators and Private Security
27-5 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
27-6 SECTION 18. This Act takes effect September 1, 1995, except
27-7 that Section 10 of this Act takes effect March 1, 1996.
27-8 SECTION 19. (a) The change in law made by this Act applies
27-9 only to the punishment of an offense committed on or after the
27-10 effective date of this Act. For purposes of this section, an
27-11 offense is committed before the effective date of this Act if any
27-12 element of the offense occurs before the effective date.
27-13 (b) An offense committed before the effective date of this
27-14 Act is covered by the law in effect when the offense was committed,
27-15 and the former law is continued in effect for that purpose.
27-16 SECTION 20. The Texas Board of Private Investigators and
27-17 Private Security Agencies shall adopt rules and prescribe forms
27-18 under this Act not later than March 1, 1996.
27-19 SECTION 21. The importance of this legislation and the
27-20 crowded condition of the calendars in both houses create an
27-21 emergency and an imperative public necessity that the
27-22 constitutional rule requiring bills to be read on three several
27-23 days in each house be suspended, and this rule is hereby suspended.