JWW H.B. 1455 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 1455
By: Kuempel
4-28-97
Committee Report (Amended)



BACKGROUND 

In 1995, the 74th Legislature passed H.B. 713, relating to the regulation
of private investigators and private security agencies, which included a
last minute Senate amendment.  This amendment provided that the definition
of "detection device" should include common electronic locks found on
building doors and gates.  With the addition of this amendment to the
Private Investigators and Private Security Agencies Act,  the law could be
interpreted to force locksmiths to be licensed by the agency for
installation of simple electronic locks.  

PURPOSE

This bill clarifies the statute to delete references to electronic devices
used to limit access under the definition of "detection device" in the
Private Investigators and Private Security Agencies Act. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1 Amends Section 2(33), Article 4413 (29bb), Vernon's Texas Civil
Statutes, by   removing electronic devices that limit access into a
building or      gate from the definition of detection device. 

SECTION 2 Effective Date: September 1, 1997.

SECTION 3 Emergency Clause.

EXPLANATION OF AMENDMENTS

Amendment #1 removes the type-over which limits the definition of
detection device.  Language is added to the end of Subdivision (33) which
states that electronic devices which strictly limit access (and nothing
more) are not included in the definition of a detection device.