By Luna S.B. No. 1649
74R1361 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the exemption of certain peace officers from provisions
1-3 of the Private Investigators and Private Security Agencies Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3(a), Private Investigators and Private
1-6 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-7 Statutes), is amended to read as follows:
1-8 (a) This Act does not apply to:
1-9 (1) a person employed exclusively and regularly by one
1-10 employer in connection with the affairs of an employer only and
1-11 where there exists an employer-employee relationship; provided,
1-12 however, any person who shall carry a firearm in the course of his
1-13 employment shall be required to obtain a private security officer
1-14 commission under the provisions of this Act;
1-15 (2) except as provided by Subsection (d) of this
1-16 Section, an officer or employee of the United States of America, or
1-17 of this State or political subdivision of either, while the
1-18 employee or officer is engaged in the performance of official
1-19 duties;
1-20 (3) a person who is <has full-time employment as> a
1-21 peace officer as defined by Article 2.12, Code of Criminal
1-22 Procedure, who receives compensation for private employment on an
1-23 individual or an independent contractor basis as a patrolman,
1-24 guard, or watchman if such person is:
2-1 (A) employed in an employee-employer
2-2 relationship<;> or
2-3 <(B)> employed on an individual contractual
2-4 basis; and
2-5 (B) <(C)> not in the employ of another peace
2-6 officer; <and>
2-7 <(D) not a reserve peace officer;>
2-8 (4) a person engaged exclusively in the business of
2-9 obtaining and furnishing information for purposes of credit
2-10 worthiness or collecting debts or ascertaining the financial
2-11 responsibility of applicants for property insurance and for
2-12 indemnity or surety bonds, with respect to persons, firms, and
2-13 corporations;
2-14 (5) an attorney-at-law in performing his duties;
2-15 (6) admitted insurers, insurance adjusters, agents,
2-16 and insurance brokers licensed by the State, performing duties in
2-17 connection with insurance transacted by them;
2-18 (7) a person who engages exclusively in the business
2-19 of repossessing property that is secured by a mortgage or other
2-20 security interest;
2-21 (8) a locksmith who does not install or service
2-22 detection devices, does not conduct investigations, and is not a
2-23 security service contractor;
2-24 (9) a person who owns and installs burglar detection
2-25 or alarm devices on his own property or, if he does not charge for
2-26 the device or its installation, installs it for the protection of
2-27 his personal property located on another's property, and does not
3-1 install the devices as a normal business practice on the property
3-2 of another;
3-3 (10) an employee of a cattle association who is
3-4 engaged in inspection of brands of livestock under the authority
3-5 granted to that cattle association by the Packers and Stockyards
3-6 Division of the United States Department of Agriculture;
3-7 (11) the provisions of this Act shall not apply to
3-8 common carriers by rail engaged in interstate commerce and
3-9 regulated by state and federal authorities and transporting
3-10 commodities essential to the national defense and to the general
3-11 welfare and safety of the community;
3-12 (12) a registered professional engineer practicing in
3-13 accordance with the provisions of the Texas Engineering Practice
3-14 Act that does not install or service detection devices, does not
3-15 conduct investigations, and is not a security services contractor;
3-16 (13) a person whose sale of burglar alarm signal
3-17 devices, burglary alarms, television cameras, still cameras, or
3-18 other electrical, mechanical, or electronic devices used for
3-19 preventing or detecting burglary, theft, shoplifting, pilferage, or
3-20 other losses is exclusively over-the-counter or by mail order;
3-21 (14) a person who holds a license or other form of
3-22 permission issued by an incorporated city or town to practice as an
3-23 electrician and who installs fire or smoke detectors in no building
3-24 other than a single family or multifamily residence;
3-25 (15) a person or organization in the business of
3-26 building construction that installs electrical wiring and devices
3-27 that may include in part the installation of a burglar alarm or
4-1 detection device if:
4-2 (A) the person or organization is a party to a
4-3 contract that provides that the installation will be performed
4-4 under the direct supervision of and inspected and certified by a
4-5 person or organization licensed to install and certify such an
4-6 alarm or detection device and that the licensee assumes full
4-7 responsibility for the installation of the alarm or detection
4-8 device; and
4-9 (B) the person or organization does not service
4-10 or maintain burglar alarms or detection devices;
4-11 (16) a reserve peace officer while the reserve officer
4-12 is performing guard, patrolman, or watchman duties for a county and
4-13 is being compensated solely by that county;
4-14 (17) response to a burglar alarm or detection device
4-15 by a law enforcement agency or by a law enforcement officer acting
4-16 in an official capacity;
4-17 (18) a person who, by education, experience, or
4-18 background has specialized expertise or knowledge such as that
4-19 which would qualify or tend to qualify such person as an expert
4-20 witness, authorized to render opinions in proceedings conducted in
4-21 a court, administrative agency, or governing body of this state or
4-22 of the United States, in accordance with applicable rules and
4-23 regulations and who does not perform any other service for which a
4-24 license is required by provisions of this Act;
4-25 (19) an officer, employee, or agent of a common
4-26 carrier, as defined by Section 153(h), Communications Act of 1934
4-27 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
5-1 user of the carrier's long-distance services from a fraudulent,
5-2 unlawful, or abusive use of those long-distance services;
5-3 (20) a person who sells or installs automobile burglar
5-4 alarm devices;
5-5 (21) a manufacturer, or a manufacturer's authorized
5-6 distributor, who sells to the holder of a license under this Act
5-7 equipment used in the operations for which the holder is required
5-8 to be licensed;
5-9 (22) a person employed as a noncommissioned security
5-10 officer by a political subdivision of this state;
5-11 (23) a person whose activities are regulated under
5-12 Article 5.43-2, Insurance Code, except to the extent that those
5-13 activities are specifically regulated under this Act;
5-14 (24) a landman performing activities in the course and
5-15 scope of the landman's business;
5-16 (25) a hospital or a wholly owned subsidiary or
5-17 affiliate of a hospital that provides medical alert services for
5-18 persons who are sick or disabled, if the hospital, subsidiary, or
5-19 affiliate is licensed under Chapter 241, Health and Safety Code,
5-20 and the hospital does not perform any other service that requires a
5-21 license under this Act;
5-22 (26) a charitable, nonprofit organization that
5-23 provides medical alert services for persons who are sick or
5-24 disabled, if the organization:
5-25 (A) is exempt from taxation under Section
5-26 501(c)(3), Internal Revenue Code of 1986;
5-27 (B) has its monitoring services provided by a
6-1 licensed person or hospital or a wholly owned subsidiary or
6-2 affiliate of a hospital licensed under Chapter 241, Health and
6-3 Safety Code; and
6-4 (C) does not perform any other service that
6-5 requires a license under his Act;
6-6 (27) a person engaged in the business of electronic
6-7 monitoring of a person as a condition of that person's probation,
6-8 parole, mandatory supervision, or release on bail, if the person
6-9 does not perform any other service that requires a license under
6-10 this Act;
6-11 (28) a nonprofit business or civic organization that:
6-12 (A) employs one or more peace officers meeting
6-13 the qualifications of Subdivision (3) of this subsection as
6-14 patrolmen, guards, or watchmen;
6-15 (B) provides the services of these peace
6-16 officers only to:
6-17 (i) its members; or
6-18 (ii) if the organization does not have
6-19 members, the members of the communities served by the organization
6-20 as described in its articles of incorporation or other
6-21 organizational documents;
6-22 (C) devotes the net receipts from all charges
6-23 for the services exclusively to the cost of providing the services
6-24 or to the costs of other services for the enhancement of the
6-25 security or safety of:
6-26 (i) its members; or
6-27 (ii) if the organization does not have
7-1 members, the members of the communities served by the organization
7-2 as described in its articles of incorporation or other
7-3 organizational documents; and
7-4 (D) does not perform any other service that
7-5 requires a license under this Act;
7-6 (29) a charitable, nonprofit organization that
7-7 maintains a system of records to aid in the location of missing
7-8 children if the organization:
7-9 (A) is exempt from federal taxation under
7-10 Section 501(c)(3), Internal Revenue Code of 1986, and its
7-11 subsequent amendments;
7-12 (B) exclusively provides services related to
7-13 locating missing children; and
7-14 (C) does not perform any other service that
7-15 requires a license under this Act; or
7-16 (30) a person engaged in the business of psychological
7-17 testing or other testing and interviewing services (to include but
7-18 not limited to attitudes, honesty, intelligence, personality, and
7-19 skills) for preemployment purposes, if the person does not perform
7-20 any other service that requires a license under this Act.
7-21 SECTION 2. This Act takes effect September 1, 1995.
7-22 SECTION 3. The importance of this legislation and the
7-23 crowded condition of the calendars in both houses create an
7-24 emergency and an imperative public necessity that the
7-25 constitutional rule requiring bills to be read on three several
7-26 days in each house be suspended, and this rule is hereby suspended.