JWW C.S.H.B. 3023 75(R)BILL ANALYSIS


PUBLIC SAFETY
C.S.H.B. 3023
By: Williams
4-16-97
Committee Report (Substituted)



BACKGROUND 

Recent occurrences of auto theft by persons posing as repossession agents
highlight numerous problems in the industry.  These problems include drug
use, use of inappropriate equipment and inadequate storage facilities.
These conditions often put citizens at risk and consume limited law
enforment resources.  The repossession industry is in need of regulation
by licensure, which would establish standard criteria for all repossession
agents. 

PURPOSE

This bill will add repossession companies to the businesses subject to
regulation by the Board of Private Investigators and Private Security
Agencies. 

RULEMAKING AUTHORITY

The board is authorized, after consulting with the Department of
Transportation and the Department of Public Safety, to establish rules
regarding vehicles used for repossession and identification of those
vehicles.  This authority is granted in Section 14C(b). 

The board is authorized to adopt rules to ensure compliance with Section
14C in Subsection (f)(1) of the section. 

The board is authorized to adopt rules regarding drug testing in Section
39A, which is added by this Act. 

Rules must be adopted by the board no later than December 31, 1998.

SECTION BY SECTION ANALYSIS

SECTION 1 Amends Section 1, Private Investigators and Private Security
Agencies Act   (Article 4413 (29bb), Vernon's Texas Civil Statutes) by
adding "and Repossession   Companies" to the title.  

SECTION 2 Amends Section 2, Private Investigators and Private Security
Agencies Act   (Article 4413 (29bb), Vernon's Texas Civil Statutes) by
amending Subdivisions   (14), (15), and (16) to add "or a repossession
company". 

  (21) and (22) are amended by adding "or a repossession agent."

  (37) Defines "manufactured home."
  
  (38) Defines "mobile home."

  (39) Defines "motor vehicle."

  (40)  Defines "repossession."
  
  (41)  Defines "repossession agent."
 
  (42)  Defines "repossession Company."

SECTION 3 Amends Section 3, Private Investigators and Private Security
Agencies Act   (Article 4413 (29bb), Vernon's Texas Civil Statutes) by
striking subdivision (7).   Subsequent subdivisions are renumbered
accordingly. 
   
SECTION 4 Amends Section 5, Subsection (a)(4) to replacing "two" with
"five"    regarding members appointed by the Governor.  In addition,
"repossession   agent" are added to the list of professions qualifying a
person to serve on the   board. 

SECTION 5 Amends Section 13, Private Investigators and Private Security
Agencies Act   (Article 4413 (29bb), Vernon's Texas Civil Statutes) by
adding "repossession   company" to Subsections (a) and (c). 

SECTION 6 Amends the Private Investigators and Private Security Agencies
Act     (Article 4413 (29bb), Vernon's Texas Civil Statutes) by adding
Section 14C,   REPOSSESSION COMPANY. 
   
  (a) States anyone applying for a repossession company license will file
a copy of   the sales tax permit under Chapter 151, Tax Code.  In
addition, evidence     providing proof of registration and required
insurance for all vehicles to be used   by the company for the purpose of
repossession must be filed with the board. 

  (b)  The board will adopt rules, after consulting with the Department of
Public   Safety and the Department of Transportation, regarding towing
equipment   suitably designed for use in repossession operations. 

  (c)  Any vehicle used for repossession by the holder of a Class D, Class
E, Class   F, or Class G license holder must be identified by the license
number of the   repossession company.  The license number must be
displayed during the     repossession in lettering at least 2-1/2" tall in
a color that is in contrast to the color   of the vehicle. 

  (d)  A repossession company is required to ensure that repossessed
vehicles,   mobile homes, and vessels are properly secured.  The secured
area must be well  lit, be securely surrounded by a six-foot chain link
fence (or equivalent security),   and be capable of storing no less than
20 full-sized motor homes. 

  (2)  The board will conduct regular inspections to ensure compliance
with the   adopted rules under subsection (d). 

  (e)  Repossession companies are required to maintain regular office
hours of 8   hours per day, Monday through Friday in order to allow
persons to collect     personal property from repossessed vehicles, motor
homes, and vessels.  In   addition, these companies are required to
maintain a telephone listed in the name   of the company.  Within one hour
of completing a repossession, the companies   are required to notify the
county sheriff or police chief in the principal city.  

  (f)(1) The board is authorized to adopt rules to ensure compliance with
this   section. 

  (2)  The board may conduct regular inspections to ensure compliance with
this   section and the rules adopted under this section. 

SECTION 7 Amends Section 16, Private Investigators and Private Security
Agencies Act   (Article 4413 (29bb), Vernon's Texas Civil Statutes), by by
defining license   classifications for repossession companies. 

 SECTION 8 Amends Section 17, Private Investigators and Private Security
Agencies Act, by   stipulating fees for licenses. 

SECTION 9 Amends Section 32(a), Private Investigators and Private Agencies
Act (Article   4413(29bb), Vernon's Texas Civil Statutes), is to include
repossession agents. 

SECTION 10 Amends Subsection (a), Section 37, Private Investigators and
Private Security   Agencies Act, by adding repossession agents to those
who are required to return   the pocket card to the board on termination
of their employment. 

SECTION 11 Amends Subsection (b), Section 38, Private Investigators and
Private Security   Agencies Act, by adding repossession agents to those
who must return their   pocket cards to the board upon termination of
their position. 

SECTION 12 Amends Section 12, Private Investigators and Private Security
Agencies Act, by adding Section 39A.  DRUG TESTING OF REPOSSESSION
AGENTS. 

  (a) Anyone applying for the position of repossession agent is required
to submit to   a drug test in a manner prescribed by the board. 

  (b) The board is required to adopt rules for drug testing under
subsection (a).  The   rules must meet applicable laws regarding testing,
and minimum standards under   federal law regarding occupational drug
testing. 

SECTION 13 (a) Except as specified in (b), the effective Date is September
1, 1997. 

  (b) Persons required to obtain a repossession license must do so by
March 1,   1998. 

  (c) The board must adopt rules specified in this Act no later than
December 31,   1997. 

  (d) This subdivision directs the Governor on the appointment of the
three     additional board members. 

SECTION 14 Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The caption is amended to state "persons who repossess motor vehicles,
mobile and manufactured homes, and vessels" to replace "private
repossession agencies." 

SECTION 1 Sec. 1, Article 4413(29bb), Vernon's Texas Civil Statutes, adds
"SHORT TITLE."   Adds "Repossession Companies" to replace "Private
Repossession." 

SECTION 2 Four additional subdivisions are included that are not in the
original version. 

  (37)  This subdivision is added to define "manufactured home."  Original
subdivision becomes (42). 

  (38)  This subdivision is added to define "mobile home."  Original
subdivision   becomes (41). 

  (39)  This subdivision is added to define "motor vehicle."  Original
subdivision   becomes (40). 

  (40)  This subdivision defines "repossession".  References to the Texas
Motor   Vehicle Commission Code, the Texas Manufactured Housing Standards
Act, and   the Water Safety Act, are removed. 

  (41)  Formerly subdivision (38).

  (42)  Formerly subdivision (37).  

  (43)  This subdivision is added to define "vessel."

SECTION 3 Subdivision (29) is amended by deleting subsections (b),(c), (d)
and (e). 

SECTION 4 Section 5(a)(4), Private Investigators and Private Security
Agencies Act, is   amended by increasing the number of board members
appointed by the Governor   from three to five. 

SECTION 5 The substitute makes no substantive changes to this section.

SECTION 6 Section 14C is amended by adding "REPOSSESSION COMPANY" as the
section   title. 

  (a) This subsection is amended by combining the requirements in
subsections (a)   and (b). 

  (b) This subsection was previously subsection (c)(1) in the original
bill. 

  (c) The requirements regarding the display of a repossession company's
license   number in this subsection was located in (c)(2) of the original
bill. 

  (d) The requirements regarding  the proper storage of repossessed
vehicles, mobile   and manufactured homes, and vessels, was located in
(d)(1) of the original bill. 

  (e) The requirements in this subdivision were originally in Subsections
(e) and (f).   The substitute strikes the last sentence originally found
in (f) of the original bill,   which addresses failure to comply with
Subsection (f). 

  (f)(1) Rulemaking authority which was granted separately in subsections
(c)(2),   (d)(1), and (e)(1) is combined to address the entire section. 

  (2)  Authority to conduct inspections to ensure compliance with this
section which   was granted separately in subsections (c)(3) and (d)(2)is
combined to address the   entire section. 

SECTION 7 Section 16, Private Investigators and Private Agencies Act
(Article 4413(29bb),   Vernon's Texas Civil Statutes), makes the following
changes from the original to   the substitute: 

  (b)(4)  Section 2, Subdivision (40) replaces (37) to comply with changes
made in   the substitute. 

  (d)  This subsection is amended by replacing references to separate
classes of   licenses with a statement regarding all licenses listed in
Subsection (b) of this   section. 

SECTION 8 Section 17(d), Private Investigators and Private Agencies Act
(Article     4413(29bb), Vernon's Texas Civil Statutes), is amended to
remove specific   references to individual license classes. 

SECTION 9 This section replaces SECTION 9 of the original bill to amend
Section 32(a),   Private Investigators and Private Agencies Act (Article
4413(29bb), Vernon's   Texas Civil Statutes), is to include repossession
agents. 
 
SECTION 10 This section replaces SECTION 10 of the original bill to amend
Section 37(a),   Private Investigators and Private Agencies Act (Article
4413(29bb), Vernon's   Texas Civil Statutes), to include repossession
agents. 

SECTION 11 This section replaces SECTION 11 of the original bill to amend
Section 38(b),   Private Investigators and Private Agencies Act (Article
4413(29bb), Vernon's   Texas Civil Statutes), to include repossession
agents. 

SECTION 12  This section is added to replace SECTION 12 of the original
bill.  Rulemaking   authority regarding drug testing is granted to the
board. 

SECTION 13 The effective date does not change, however, Subsections (b),
(c), and (d) are   added to address specific effective dates and
requirements.