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.