JWW H.B. 3604 75(R) BILL ANALYSIS PUBLIC SAFETY H.B. 3604 By: Oakley 5-6-97 Committee Report (Amended) BACKGROUND The state agency that regulates and licenses private security officers and private investigators is under serious scrutiny regarding management and operation practices. Per review by the Legislature, the effectiveness of the governing board and the agency is in question and in need of replacement. PURPOSE H.B. 3604 abolishes the Texas Board of Private Investigators and Private Security Agencies and transfers the functions of that agency to the State Board of Security Agencies. 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 Sections 2(1) and (24), Private Investigators and Private Security Agencies Act (Article 4413(29bb) Vernon's Texas Civil Statutes) by changing the name of the agency to the State Board of Security Agencies. SECTION 2. Amends Section 4, Private Investigators and Private Security Agencies Act by changing the name of the agency to the State Board of Security Agencies. The State board of Security Agencies will be subject to the Texas Sunset Act September 1, 1999. SECTION 3. Amends Section 11.61(e) Alcoholic Beverage Code to reference the State Board of Security Agencies as the commissioning entity instead of the Texas Board of Private Investigators and Private Security Agencies. SECTION 4. Amends Section 61.71(f), Alcoholic Beverage Code to reference the State Board of Security Agencies as the commissioning entity instead of the Texas Board of Private Investigators and Private Security Agencies. SECTION 5. LICENSING AUTHORITY SUBJECT TO CHAPTER. Amends Section 232.002, Family Code to reflect the State Board of Security Agencies as being subject to this chapter. SECTION 6. Section 411.119, Government Code is amended to reference the State Board of Security Agencies. SECTION 7. Section 46.02(b), Penal Code is amended by referencing the State Board of Security Agencies as the commissioning agency for a security officer commission. SECTION 8. Section 46.03(d), Penal Code is amended by referencing the State Board of Security Agencies as the commissioning agency for a security officer commission. SECTION 9. Section 18(a), Article 4413(29ee), Revised Statutes is amended by referencing the State Board of Security Agencies as the commissioning agency. SECTION 10. Abolishes the The Texas Board of Private Investigators and Private Security agencies on the effective date of this Act and gives the Private Investigators and Private Security Agencies 30 days to transfer property, rights, powers, and duties to the State Board of Private Security Agencies. SECTION 11. The governor shall appoint the board members. A person serving as a board member of the Texas Private Investigators and Private Security Agencies may not be appointed to the State Board of Private Security Agencies. SECTION 12. Emergency Clause. EXPLANATION OF AMENDMENTS Amendment #1 deletes Subsection (b) from SECTION 11 of the bill. Subsection (b) states that a person currently serving on the Board of Private Investigators and Private Securities Agencies is not eligible to be appointed to the State Board of Security Agencies.