By Turner S.B. No. 1542
74R7989 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to suspension of, or denial of applications for,
1-3 registration or commission of certain security officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11B, Article 4413(29bb), V.A.C.S. is
1-6 amended to read as follows:
1-7 Sec. 11B. Revocation, Suspension, etc. (a) The board shall
1-8 revoke or suspend any registration, license, or security officer
1-9 commission, reprimand any registrant, licensee, or commissioned
1-10 security officer, or deny an application for a registration,
1-11 license, or security officer commission, or renewal thereof, or may
1-12 place on probation a person whose registration, license, or
1-13 security officer commission has been suspended, on proof:
1-14 (1) that the applicant, licensee, commissioned
1-15 security officer, or registrant has violated any provisions of this
1-16 Act or of the rules and regulations promulgated under this Act;
1-17 (2) that the applicant, licensee, commissioned
1-18 security officer, or registrant has committed any act resulting in
1-19 conviction of a felony;
1-20 (3) that the applicant, licensee, commissioned
1-21 security officer, or registrant has committed an act after the date
1-22 of application for a registration, license, or security officer
1-23 commission that results in a conviction of a misdemeanor involving
1-24 moral turpitude;
2-1 (4) that the applicant, licensee, commissioned
2-2 security officer, or registrant has practiced fraud, deceit, or
2-3 misrepresentation; or
2-4 (5) that the applicant, licensee, commissioned
2-5 security officer, or registrant has made a material misstatement in
2-6 the application for or renewal of a license, registration, or
2-7 security officer commission.
2-8 (b) The Board shall forthwith suspend the registration or
2-9 security officer commission issued to an individual under the
2-10 regulation of this act upon written notification from the Texas
2-11 Department of Public Safety or any law enforcement agency that the
2-12 individual has been arrested for or charged with a felony or
2-13 misdemeanor crime involving moral turpitude.
2-14 (c) The Board shall deny the application for registration or
2-15 for a security officer commission of an individual upon written
2-16 notification from the Texas Department of Public Safety or any law
2-17 enforcement agency that the individual has been arrested for or
2-18 charged with a felony or a misdemeanor crime involving moral
2-19 turpitude.
2-20 <(b) If the board proposes to refuse a person's application
2-21 for a registration, license, or a security officer commission, to
2-22 suspend or revoke a person's registration, license, or security
2-23 officer commission, or to place on probation a person whose
2-24 registration, license, or security officer commission has been
2-25 suspended, the person is entitled to a hearing before the board.>
2-26 <(c)> (d) For the purpose of this section, a person is
2-27 convicted of a felony or a crime involving moral turpitude if a
3-1 court of competent jurisdiction enters a finding against the person
3-2 on a felony or a misdemeanor crime involving moral turpitude under
3-3 the laws of this or another state or the United States, regardless
3-4 of whether;
3-5 (1) the sentence is subsequently probated and the
3-6 person is discharged from community supervision; or
3-7 (2) the person is pardoned for the offense, unless the
3-8 pardon is granted expressly for subsequent proof of innocence.
3-9 (e) the board may consider that the accusation, complaint,
3-10 information, or indictment against the person is dismissed and the
3-11 person is released from all penalties and disabilities resulting
3-12 from the offense for purposes of denial or approval of an
3-13 applicant.
3-14 <(d)> (f) Proceedings for the refusal, suspension, or
3-15 revocation of a registration, license, or security officer
3-16 commission or for the probation of a person are governed by the
3-17 Administrative Procedure and Texas Register Act, as amended (The
3-18 Government Code, Chapter 2001).
3-19 <(D) Deleted by Acts 1981, 67th Leg., p. 2898, ch. 773, Section 9,
3-20 effective September 1, 1981.>
3-21 <(e)> (g) If the board is authorized to suspend a license
3-22 under this Act, the board may give the licensee the opportunity to
3-23 pay a civil penalty rather than have the license suspended. The
3-24 amount of the civil penalty may not be more than $200 for each day
3-25 the license was to have been suspended. If the licensee does not
3-26 pay the penalty before the sixth day after the board notifies him
3-27 of the amount, he loses the opportunity to pay it and the board
4-1 shall impose the suspension.
4-2 SECTION 2. Section 44, Article 4413(29bb), V.A.C.S. is
4-3 amended to read as follows:
4-4 Sec. 44. (a) Any person who knowingly falsifies the
4-5 fingerprints or photographs submitted under Subdivisions (6) and
4-6 (7) of Subsection (A), Section 15, commits an offense. An offense
4-7 under this subsection is a felony of the third degree.
4-8 (b) A licensee that operates a guard dog company commits an
4-9 offense if the licensee fails to provide necessary food, care, or
4-10 shelter for an animal used by the guard dog company. An offense
4-11 under this subsection is a Class A misdemeanor.
4-12 (c) Any person who violates any provision of this Act for
4-13 which a specific penalty is not prescribed commits an offense. An
4-14 offense under this subsection is a Class A misdemeanor.
4-15 (d) An offense under this Act may be prosecuted in Travis
4-16 County or in the county in which the offense occurred.
4-17 (e) Any person who is not licensed under this Act, who does
4-18 not have a license application pending, and who violates any
4-19 provision of this Act may be assessed a civil penalty to be paid to
4-20 the State of Texas not to exceed One Thousand Dollars ($1,000) for
4-21 each violation. Thirty (30) days' notice of the requirement to
4-22 obtain a license must be given by the board before the civil
4-23 penalty may be assessed.
4-24 (f) Any individual to whom a security officer commission or
4-25 registration has been issued who fails to immediately surrender the
4-26 pocket card issued to them by the board upon notification to do so
4-27 after their security officer commission or registration has been
5-1 suspended or revoked by the board commits an offense. An offense
5-2 under this subsection is a Class A misdemeanor.
5-3 SECTION 3. This act takes effect September 1, 1995.
5-4 Sections 11B(b) and (c) shall take effect immediately and will be
5-5 retroactive for all security officer commissions and registrations
5-6 issued under the provisions of Article 4413(29bb) V.A.C.S.
5-7 SECTION 4. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.