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.