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.