1-1  By:  Turner                                           S.B. No. 1542
    1-2        (In the Senate - Filed March 13, 1995; March 21, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 11, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 13, Nays 0; April 11, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1542                    By:  Luna
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the summary suspension or summary denial of a
   1-11  registration or commission issued by, or an application submitted
   1-12  to, the Texas Board of Private Investigators and Private Security
   1-13  Agencies; creating a criminal offense.
   1-14        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-15        SECTION 1.  Section 11B, Private Investigators and Private
   1-16  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
   1-17  Statutes), is amended to read as follows:
   1-18        Sec. 11B.  REVOCATION, SUSPENSION, AND SUMMARY SUSPENSION
   1-19  <ETC>.  (a)  The board shall revoke or suspend any registration,
   1-20  license, or security officer commission, reprimand any registrant,
   1-21  licensee, or commissioned security officer, or deny an application
   1-22  for a registration, license, or security officer commission, or
   1-23  renewal thereof, or may place on probation a person whose
   1-24  registration, license, or security officer commission has been
   1-25  suspended, on proof:
   1-26              (1)  that the applicant, licensee, commissioned
   1-27  security officer, or registrant has violated any provisions of this
   1-28  Act or of the rules and regulations promulgated under this Act;
   1-29              (2)  that the applicant, licensee, commissioned
   1-30  security officer, or registrant has committed any act resulting in
   1-31  conviction of a felony;
   1-32              (3)  that the applicant, licensee, commissioned
   1-33  security officer, or registrant has committed an act after the date
   1-34  of application for a registration, license, or security officer
   1-35  commission that results in a conviction of a misdemeanor involving
   1-36  moral turpitude;
   1-37              (4)  that the applicant, licensee, commissioned
   1-38  security officer, or registrant has practiced fraud, deceit, or
   1-39  misrepresentation; or
   1-40              (5)  that the applicant, licensee, commissioned
   1-41  security officer, or registrant has made a material misstatement in
   1-42  the application for or renewal of a license, registration, or
   1-43  security officer commission.
   1-44        (b)  Subject to Section 11D of this Act, the board shall
   1-45  summarily suspend a registration or security officer commission
   1-46  issued to an individual under this Act on receiving written
   1-47  notification from the Department of Public Safety of the State of
   1-48  Texas or any other law enforcement agency that the individual has
   1-49  been arrested for or charged with a misdemeanor involving moral
   1-50  turpitude or a felony. <If the board proposes to refuse a person's
   1-51  application for a registration, license, or security officer
   1-52  commission, to suspend or revoke a person's registration, license,
   1-53  or security officer commission, or to place on probation a person
   1-54  whose registration, license, or security officer commission has
   1-55  been suspended, the person is entitled to a hearing before the
   1-56  board.>
   1-57        (c)  Subject to Section 11D of this Act, the board shall
   1-58  summarily deny an application for registration or for a security
   1-59  officer commission of an individual on receiving written
   1-60  notification from the Department of Public Safety of the State of
   1-61  Texas or any other law enforcement agency that the individual has
   1-62  been arrested for or charged with a misdemeanor involving moral
   1-63  turpitude or a felony.
   1-64        (d)  In this section, a person is considered to be convicted
   1-65  of a misdemeanor involving moral turpitude or a felony if a court
   1-66  of competent jurisdiction enters a judgment against the person for
   1-67  committing a misdemeanor involving moral turpitude or a felony
   1-68  under the laws of this state, another state, or the United States,
    2-1  including:
    2-2              (1)  a conviction in which a person was placed on
    2-3  probation or community supervision and the person is subsequently
    2-4  discharged from probation or community supervision; or
    2-5              (2)  a conviction that is pardoned, unless the pardon
    2-6  is granted expressly because of the proof of a person's innocence.
    2-7        (e)  The dismissal of a complaint, information, or indictment
    2-8  or an acquittal releases the individual from any summary suspension
    2-9  of a registration or commission or automatic grounds for summary
   2-10  denial of an application under this section.
   2-11        (f)  Proceedings for the refusal, suspension, or revocation
   2-12  of a registration, license, or security officer commission or for
   2-13  the probation of a person are governed by Chapter 2001, Government
   2-14  Code.  Proceedings for the summary suspension of a registration or
   2-15  security officer commission or summary denial of an application
   2-16  under this Act are governed by Section 11D of this Act <the
   2-17  Administrative Procedure and Texas Register Act, as amended
   2-18  (Article 6252-13a, Vernon's Texas Civil Statutes)>.
   2-19        (g) <(e)>  If the board is authorized to suspend a license
   2-20  under this Act, the board may give the licensee the opportunity to
   2-21  pay a civil penalty rather than have the license suspended.  The
   2-22  amount of the civil penalty may not be more than $200 for each day
   2-23  the license was to have been suspended.  If the licensee does not
   2-24  pay the penalty before the sixth day after the board notifies him
   2-25  of the amount, he loses the opportunity to pay it and the board
   2-26  shall impose the suspension.
   2-27        SECTION 2.  The Private Investigators and Private Security
   2-28  Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
   2-29  amended by adding Section 11D to read as follows:
   2-30        Sec. 11D.  SUMMARY SUSPENSION OR DENIAL REVIEW.  (a)  The
   2-31  board may summarily suspend a registration or security officer
   2-32  commission or summarily deny an application under Section 11B of
   2-33  this Act if proceedings for a preliminary hearing before the board
   2-34  are initiated simultaneously with the summary suspension or summary
   2-35  denial.  The preliminary hearing shall be set for a date not later
   2-36  than the 10th day after the date of the summary suspension or
   2-37  summary denial, unless the parties agree to a later date.
   2-38        (b)  At the preliminary hearing, the individual whose
   2-39  registration or commission was summarily suspended or whose
   2-40  application was summarily denied must show cause why the
   2-41  registration or commission should not remain suspended or why the
   2-42  application should not remain summarily denied pending a final
   2-43  hearing on the suspension or denial.
   2-44        (c)  A final hearing may be scheduled at a time after the
   2-45  final resolution of the matters resulting in the summary suspension
   2-46  or summary denial.  Chapter 2001, Government Code, does not apply
   2-47  to the board in the administration and enforcement of the summary
   2-48  suspension of a registration or commission or the summary denial of
   2-49  an application under this section.  The rules governing a hearing
   2-50  on any other suspension or denial under this Act govern a final
   2-51  administrative hearing under this section.
   2-52        (d)  To initiate a proceeding to summarily suspend a
   2-53  registration or commission or to summarily deny an application, the
   2-54  board must serve notice to the individual informing the individual
   2-55  of the right to a preliminary hearing before the board and of the
   2-56  time and place of the preliminary hearing.  The notice must be
   2-57  personally served on the individual or sent by certified or
   2-58  registered mail, return receipt requested, to the individual's
   2-59  mailing address as it appears in the board's records.  The notice
   2-60  must state the alleged violations that constitute grounds for
   2-61  summary suspension.  The suspension is effective at the time notice
   2-62  is served.  If notice is served in person, the individual shall
   2-63  immediately surrender to the board the registration, commission,
   2-64  pocket card, or other identification issued by the board.  If
   2-65  notice is served by mail, the individual shall immediately return
   2-66  to the board the registration, commission, pocket card, or other
   2-67  identification issued by the board.
   2-68        SECTION 3.  Section 44, Private Investigators and Private
   2-69  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
   2-70  Statutes), is amended by adding Subsection (f) to read as follows:
    3-1        (f)  A person commits an offense if the person does not
    3-2  surrender or immediately return to the board the person's
    3-3  registration, commission, pocket card, or other identification
    3-4  issued to the person by the board on notification of a summary
    3-5  suspension or summary denial under Section 11D of this Act.  An
    3-6  offense under this subsection is a Class A misdemeanor.
    3-7        SECTION 4.  This Act takes effect immediately, except that
    3-8  Section 3 takes effect September 1, 1995.
    3-9        SECTION 5.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended,
   3-14  and that this Act take effect and be in force according to its
   3-15  terms, and it is so enacted.
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