JWW S.B. 922 75(R)BILL ANALYSIS


PUBLIC SAFETY
S.B. 922
By: Cain (Lewis, Ron)
5-6-97
Committee Report (Amended)


BACKGROUND 

Currently, full-time peace officers who work extra employment as private
security officers are exempt from having to be licensed under the Private
Investigators and Private Security Agencies Act. An officer who owns or
operates a security company is not exempt and still has to be licensed.
However, it is unclear whether an officer who simply coordinates and
schedules other peace officers for extra employment is exempt from having
to be licensed under the Private Investigators and Private Security
Agencies Act.  Typically, an officer will coordinate an off-duty security
job and be paid for this service by the private employer.  The coordinator
does not pay the officers working the job, but simply schedules and
coordinates the job.  The private employer still continues to pay each
officer working the job on an individual basis.  

PURPOSE

This bill will clarify that full-time peace officers who coordinate extra
security employment jobs are exempt from having to be licensed under 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 3(a), Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), to provide that this Act
does not apply to a person who has full-time employment as a peace
officer, who receives compensation for private employment on an individual
or an independent contractor basis as a patrolman, guard, watchman, or
extra job coordinator in certain instances. 

SECTION 2. Effective Date: September 1, 1997.

SECTION 3. Emergency Clause.



EXPLANATION OF AMENDMENTS

Amendment #1 amends Subsection (a)(3)(A), Section 3, Private Investigators
and Private Security Agencies Act (Article 4413(29bb), V.T.C.S.), by
adding language stating that the person must be employed with an employer
that maintains liability for actions associated with the employees extra
job duties.