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.