75R9412 BEM-F                           

         By Williams                                           H.B. No. 3023

         Substitute the following for H.B. No. 3023:

         By Oakley                                         C.S.H.B. No. 3023

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of persons who repossess motor vehicles,

 1-3     mobile and manufactured homes, and vessels.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 1, Private Investigators and Private

 1-6     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

 1-7     Statutes), is amended to read as follows:

 1-8           Sec. 1.  SHORT TITLE.  This Act may be cited as the Private

 1-9     Investigators, [and] Private Security Agencies, and Repossession

1-10     Companies Act.

1-11           SECTION 2.  Section 2, Private Investigators and Private

1-12     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

1-13     Statutes), is amended by amending Subdivisions (14)-(16), (21), and

1-14     (22) and adding Subdivisions (37)-(43) to read as follows:

1-15                 (14)  "Manager" means in the case of a corporation, an

1-16     officer or supervisor, or in the case of a partnership, a general

1-17     or unlimited partner meeting the experience qualifications set

1-18     forth in Section 14 of this Act for managing a security services

1-19     contractor, [or] an investigations company, or a repossession

1-20     company.

1-21                 (15)  "License" means a permit granted by the board

1-22     entitling a person to operate as a security services contractor, an

1-23     [or] investigations company, or a repossession company.

1-24                 (16)  "Branch office license" means a permit granted by

 2-1     the board entitling a person to operate as a security services

 2-2     contractor, an [or] investigations company, or a repossession

 2-3     company at a location other than the principal place of business as

 2-4     shown in the board records.

 2-5                 (21)  "Registration" means a permit granted by the

 2-6     board to an individual to perform the duties of a private

 2-7     investigator, manager, branch office manager, alarm systems

 2-8     installer, noncommissioned security officer, private security

 2-9     consultant, alarm systems monitor, [or] security sales person, or

2-10     repossession agent.

2-11                 (22)  "Registrant" means an individual who has filed an

2-12     application with the board to perform the duties of a private

2-13     investigator, manager, branch office manager, alarm systems

2-14     installer, noncommissioned security officer, private security

2-15     consultant, alarm systems monitor, [or] security sales person, or

2-16     repossession agent.

2-17                 (37)  "Manufactured home" has the meaning assigned by

2-18     Section 3, Texas Manufactured Housing Standards Act (Article 5221f,

2-19     Vernon's Texas Civil Statutes).

2-20                 (38)  "Mobile home" has the meaning assigned by Section

2-21     3, Texas Manufactured Housing Standards Act (Article 5221f,

2-22     Vernon's Texas Civil Statutes).

2-23                 (39)  "Motor vehicle" has the meaning assigned by

2-24     Section 1.03, Texas Motor Vehicle Commission Code (Article

2-25     4413(36), Vernon's Texas Civil Statutes).

2-26                 (40)  "Repossession" means the recovery  by an

2-27     individual who is authorized by the legal owner, lienholder, or

 3-1     lessor to recover or to collect payment in lieu of recovery of a

 3-2     motor vehicle, mobile home, manufactured home, or vessel that has

 3-3     been sold or leased under a security agreement that contains a

 3-4     repossession clause.  A repossession is complete when a registered

 3-5     repossession agent is in control, custody, and possession of the

 3-6     motor vehicle, mobile home, manufactured home, or vessel.

 3-7                 (41)  "Repossession agent" means an individual who

 3-8     performs or advertises that the person performs repossessions for

 3-9     consideration.

3-10                 (42)  "Repossession company" means a person who is

3-11     engaged in the business of performing or advertises that the person

3-12     performs repossessions for consideration.

3-13                 (43)  "Vessel" has the meaning assigned by Section

3-14     31.003, Parks and Wildlife Code.

3-15           SECTION 3.  Section 3(a), Private Investigators and Private

3-16     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

3-17     Statutes), is amended to read as follows:

3-18           (a)  This Act does not apply to:

3-19                 (1)  a person employed exclusively and regularly by one

3-20     employer in connection with the affairs of an employer only and

3-21     where there exists an employer-employee relationship;  provided,

3-22     however, any person who shall carry a firearm in the course of his

3-23     employment shall be required to obtain a private security officer

3-24     commission under the provisions of this Act;

3-25                 (2)  except as provided by Subsection (d) of this

3-26     Section, an officer or employee of the United States of America, or

3-27     of this State or political subdivision of either, while the

 4-1     employee or officer is engaged in the performance of official

 4-2     duties;

 4-3                 (3)  a person who has full-time employment as a peace

 4-4     officer, who receives compensation for private employment on an

 4-5     individual or an independent contractor basis as a patrolman,

 4-6     guard, or watchman if the officer:

 4-7                       (A)  is employed in an employee-employer

 4-8     relationship or employed on an individual contractual basis;

 4-9                       (B)  is not in the employ of another peace

4-10     officer;

4-11                       (C)  is not a reserve peace officer; and

4-12                       (D)  works as a peace officer on the average of

4-13     at least 32 hours a week, is compensated by the state or a

4-14     political subdivision of the state at the rate of the minimum wage

4-15     or higher, and is entitled to all employee benefits offered to a

4-16     peace officer by the state or political subdivision;

4-17                 (4)  a person engaged exclusively in the business of

4-18     obtaining and furnishing information for purposes of credit

4-19     worthiness or collecting debts or ascertaining the financial

4-20     responsibility of applicants for property insurance and for

4-21     indemnity or surety bonds, with respect to persons, firms, and

4-22     corporations;

4-23                 (5)  an attorney-at-law in performing his duties;

4-24                 (6)  admitted insurers, insurance adjusters, agents,

4-25     and insurance brokers licensed by the State, performing duties in

4-26     connection with insurance transacted by them;

4-27                 (7)  [a person who engages exclusively in the business

 5-1     of repossessing property that is secured by a mortgage or other

 5-2     security interest;]

 5-3                 [(8)]  a locksmith who does not install or service

 5-4     detection devices, does not conduct investigations, and is not a

 5-5     security service contractor;

 5-6                 (8) [(9)]  a person who owns and installs burglar

 5-7     detection or alarm devices on his own property or, if he does not

 5-8     charge for the device or its installation, installs it for the

 5-9     protection of his personal property located on another's property,

5-10     and does not install the devices as a normal business practice on

5-11     the property of another;

5-12                 (9) [(10)]  an employee of a cattle association who is

5-13     engaged in inspection of brands of livestock under the authority

5-14     granted to that cattle association by the Packers and Stockyards

5-15     Division of the United States Department of Agriculture;

5-16                 (10) [(11)]  the provisions of this Act shall not apply

5-17     to common carriers by rail engaged in interstate commerce and

5-18     regulated by state and federal authorities and transporting

5-19     commodities essential to the national defense and to the general

5-20     welfare and safety of the community;

5-21                 (11) [(12)]  a registered professional engineer

5-22     practicing in accordance with the provisions of the Texas

5-23     Engineering Practice Act that does not install or service detection

5-24     devices, does not conduct nonengineering investigations, is

5-25     performing forensic engineering studies, and is not a security

5-26     services contractor;

5-27                 (12) [(13)]  a person whose sale of burglar alarm

 6-1     signal devices, burglary alarms, television cameras, still cameras,

 6-2     or other electrical, mechanical, or electronic devices used for

 6-3     preventing or detecting burglary, theft, shoplifting, pilferage, or

 6-4     other losses is exclusively over-the-counter or by mail order;

 6-5                 (13) [(14)]  a person who holds a license or other form

 6-6     of permission issued by an incorporated city or town to practice as

 6-7     an electrician and who installs fire or smoke detectors in no

 6-8     building other than a single family or multifamily residence;

 6-9                 (14) [(15)]  a person or organization in the business

6-10     of building construction that installs electrical wiring and

6-11     devices that may include in part the installation of a burglar

6-12     alarm or detection device if:

6-13                       (A)  the person or organization is a party to a

6-14     contract that provides that the installation will be performed

6-15     under the direct supervision of and inspected and certified by a

6-16     person or organization licensed to install and certify such an

6-17     alarm or detection device and that the licensee assumes full

6-18     responsibility for the installation of the alarm or detection

6-19     device; and

6-20                       (B)  the person or organization does not service

6-21     or maintain burglar alarms or detection devices;

6-22                 (15) [(16)]  a reserve peace officer while the reserve

6-23     officer is performing guard, patrolman, or watchman duties for a

6-24     county and is being compensated solely by that county;

6-25                 (16) [(17)]  response to a burglar alarm or detection

6-26     device by a law enforcement agency or by a law enforcement officer

6-27     acting in an official capacity;

 7-1                 (17) [(18)]  a person who, by education, experience, or

 7-2     background has specialized expertise or knowledge such as that

 7-3     which would qualify or tend to qualify such person as an expert

 7-4     witness, authorized to render opinions in proceedings conducted in

 7-5     a court, administrative agency, or governing body of this state or

 7-6     of the United States, in accordance with applicable rules and

 7-7     regulations and who does not perform any other service for which a

 7-8     license is required by provisions of this Act;

 7-9                 (18) [(19)]  an officer, employee, or agent of a common

7-10     carrier, as defined by Section 153(h), Communications Act of 1934

7-11     (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a

7-12     user of the carrier's long-distance services from a fraudulent,

7-13     unlawful, or abusive use of those long-distance services;

7-14                 (19) [(20)]  a person who sells or installs automobile

7-15     burglar alarm devices and that does not perform any other act that

7-16     requires a license under this Act;

7-17                 (20) [(21)]  a manufacturer, or a manufacturer's

7-18     authorized distributor, who sells to the holder of a license under

7-19     this Act equipment used in the operations for which the holder is

7-20     required to be licensed;

7-21                 (21) [(22)]  a person employed as a noncommissioned

7-22     security officer by a political subdivision of this state;

7-23                 (22) [(23)]  a person whose activities are regulated

7-24     under Article 5.43-2, Insurance Code, except to the extent that

7-25     those activities are specifically regulated under this Act;

7-26                 (23) [(24)]  a landman performing activities in the

7-27     course and scope of the landman's business;

 8-1                 (24) [(25)]  a hospital or a wholly owned subsidiary or

 8-2     affiliate of a hospital that provides medical alert services for

 8-3     persons who are sick or disabled, if the hospital, subsidiary, or

 8-4     affiliate is licensed under Chapter 241, Health and Safety Code,

 8-5     and the hospital does not perform any other service that requires a

 8-6     license under this Act;

 8-7                 (25) [(26)]  a charitable, nonprofit organization that

 8-8     provides medical alert services for persons who are sick or

 8-9     disabled, if the organization:

8-10                       (A)  is exempt from taxation under Section

8-11     501(c)(3), Internal Revenue Code of 1986;

8-12                       (B)  has its monitoring services provided by a

8-13     licensed person or hospital or a wholly owned subsidiary or

8-14     affiliate of a hospital licensed under Chapter 241, Health and

8-15     Safety Code; and

8-16                       (C)  does not perform any other service that

8-17     requires a license under this Act;

8-18                 (26) [(27)]  a person engaged in the business of

8-19     electronic monitoring of a person as a condition of that person's

8-20     probation, parole, mandatory supervision, or release on bail, if

8-21     the person does not perform any other service that requires a

8-22     license under this Act;

8-23                 (27) [(28)]  a nonprofit business or civic organization

8-24     that:

8-25                       (A)  employs one or more peace officers meeting

8-26     the qualifications of Subdivision (3) of this subsection as

8-27     patrolmen, guards, or watchmen;

 9-1                       (B)  provides the services of these peace

 9-2     officers only to:

 9-3                             (i)  its members; or

 9-4                             (ii)  if the organization does not have

 9-5     members, the members of the communities served by the organization

 9-6     as described in its articles of incorporation or other

 9-7     organizational documents;

 9-8                       (C)  devotes the net receipts from all charges

 9-9     for the services exclusively to the cost of providing the services

9-10     or to the costs of other services for the enhancement of the

9-11     security or safety of:

9-12                             (i)  its members; or

9-13                             (ii)  if the organization does not have

9-14     members, the members of the communities served by the organization

9-15     as described in its articles of incorporation or other

9-16     organizational documents; and

9-17                       (D)  does not perform any other service that

9-18     requires a license under this Act;

9-19                 (28) [(29)]  a charitable, nonprofit organization that

9-20     maintains a system of records to aid in the location of missing

9-21     children if the organization:

9-22                       (A)  is exempt from federal taxation under

9-23     Section 501(c)(3), Internal Revenue Code of 1986, and its

9-24     subsequent amendments;

9-25                       (B)  exclusively provides services related to

9-26     locating missing children; and

9-27                       (C)  does not perform any other service that

 10-1    requires a license under this Act; or

 10-2                (29) [(30)]  a person engaged in the business of

 10-3    psychological testing or other testing and interviewing services

 10-4    (to include but not limited to attitudes, honesty, intelligence,

 10-5    personality, and skills) for preemployment purposes, if the person

 10-6    does not perform any other service that requires a license under

 10-7    this Act.

 10-8          SECTION 4.  Section 5(a), Private Investigators and Private

 10-9    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

10-10    Statutes), is amended to read as follows:

10-11          (a)  The board is composed of the following members:

10-12                (1)  the director of the Texas Department of Public

10-13    Safety or his designated representative shall serve as an ex

10-14    officio member of such board, and such service shall not jeopardize

10-15    the individual's official capacity with the State of Texas;

10-16                (2)  the Attorney General or his designated

10-17    representative shall serve as an ex officio member of such board,

10-18    and such service shall not jeopardize the individual's official

10-19    capacity with the State of Texas;

10-20                (3)  three members shall be appointed by the Governor,

10-21    without regard to the race, creed, color, handicap, age, sex,

10-22    religion, or national origin of the appointees and with the advice

10-23    and consent of the Senate, who are citizens of the United States

10-24    and residents of the State of Texas;

10-25                (4)  five [two] members shall be appointed by the

10-26    Governor, without regard to the race, creed, color, handicap, age,

10-27    sex, religion, or national origin of the appointees and with the

 11-1    advice and consent of the Senate, who are licensed under this Act,

 11-2    who have been engaged for a period of five consecutive years as a

 11-3    private investigator, [or] security services contractor, or

 11-4    repossession agent, and who are not employed by the same person as

 11-5    any other  member of the board; and

 11-6                (5)  one member shall be appointed by the Governor

 11-7    without regard to the race, creed, color, handicap, age, sex,

 11-8    religion, or national origin of the appointee and with the advice

 11-9    and consent of the Senate, who:

11-10                      (A)  is licensed under this Act as the owner or

11-11    operator of a guard company;

11-12                      (B)  has operated for at least five consecutive

11-13    years as a guard company; and

11-14                      (C)  is not employed by a person who employs any

11-15    other member of the board.

11-16          SECTION 5.  Sections 13(a) and (c), Private Investigators and

11-17    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

11-18    Civil Statutes), are amended to read as follows:

11-19          (a)  It shall be unlawful and punishable as provided in

11-20    Section 44 of this Act for any person to engage in the business of,

11-21    or perform any service as an investigations company, guard company,

11-22    alarm systems company, repossession company, armored car company,

11-23    courier  company, or guard dog company or to offer his services in

11-24    such capacities or engage in any business or business activity

11-25    required to be licensed by this Act unless he has obtained a

11-26    license under the provisions of this Act.

11-27          (c)  It shall be unlawful and punishable as provided in

 12-1    Section 44 of this Act for any individual to make application to

 12-2    the board as manager or to serve as manager of an investigations

 12-3    company, guard company, repossession company, alarm systems

 12-4    company, armored car company, courier company, or guard dog company

 12-5    unless the individual intends to maintain and maintains that

 12-6    supervisory position on a daily basis for the company.

 12-7          SECTION 6.  The Private Investigators and Private Security

 12-8    Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is

 12-9    amended by adding Section 14C to read as follows:

12-10          Sec. 14C.  REPOSSESSION COMPANY.  (a)  A person applying for

12-11    a repossession company license shall file with the board:

12-12                (1)  a copy of the sales tax permit issued to the

12-13    applicant by the comptroller under Chapter 151, Tax Code; and

12-14                (2)  evidence of compliance with the registration and

12-15    insurance requirements of Article 6675c, Revised Statutes,

12-16    regarding  tow trucks or other vehicles to be used by the applicant

12-17    to repossess a motor vehicle, mobile or manufactured home, or

12-18    vessel.

12-19          (b)  The board shall adopt rules, with the advice of the

12-20    Texas Department of Transportation and the Texas Department of

12-21    Public Safety, to ensure that a vehicle used for a repossession by

12-22    a Class D, Class E, Class F, or Class G license holder is a tow

12-23    truck or other vehicle that is suitable in terms of size, towing

12-24    capacity, equipment, and safety.

12-25          (c)  A vehicle used for a repossession by a Class D, Class E,

12-26    Class F, or Class G license holder must be identified during the

12-27    repossession by the license number of the repossession company.

 13-1    The license number shall be displayed on both sides of the vehicle

 13-2    and appear in lettering that is not less than 2-1/2 inches tall and

 13-3    that is a color that contrasts with the vehicle's background.

 13-4          (d)  Each area in which a repossession company stores

 13-5    repossessed motor vehicles, mobile or manufactured homes, or

 13-6    vessels:

 13-7                (1)  shall be securely enclosed by a six-foot chain

 13-8    link fence or an equivalent means of security;

 13-9                (2)  shall be well-lit; and

13-10                (3)  shall have the capacity to store not less than 20

13-11    full-sized motor vehicles.

13-12          (e)  A repossession company shall:

13-13                (1)  maintain regular office hours consisting of not

13-14    less than eight hours per day Monday through Friday for persons to

13-15    claim personal property from repossessed motor vehicles, mobile or

13-16    manufactured homes, or vessels;

13-17                (2)  maintain a telephone listed in the name of the

13-18    repossession company; and

13-19                (3)  notify the sheriff of the county in which a

13-20    repossession is completed and the chief of police of the principal

13-21    city of that county not less than one hour after completing the

13-22    repossession.

13-23          (f)  The board shall:

13-24                (1)  adopt rules to ensure compliance with this

13-25    section; and

13-26                (2)  conduct regular inspections to ensure compliance

13-27    with this section and the rules adopted under this section.

 14-1          SECTION 7.  Sections 16(b) and (d), Private Investigators and

 14-2    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

 14-3    Civil Statutes), are amended to read as follows:

 14-4          (b)  For the purpose of defining the scope of licenses, the

 14-5    following license classifications are established:

 14-6                (1)  Class A:  investigations company license, covering

 14-7    operations as defined in Subdivision (3), Section 2, of this Act;

 14-8                (2)  Class B:  security services contractor license,

 14-9    covering operations as defined in Subdivision (9), Section 2, of

14-10    this Act;

14-11                (3)  Class C:  covering the operations included within

14-12    Class A and Class B;

14-13                (4)  Class D:  repossession company license, covering

14-14    operations defined by Section 2(40) of this Act;

14-15                (5)  Class E:  covering the operations included within

14-16    Class A and Class D;

14-17                (6)  Class F:  covering the operations included within

14-18    Class B and Class D; and

14-19                (7)  Class G:  covering the operations included within

14-20    Class A, Class B, and Class D.

14-21          (d)  A [Class A, B, or C] license issued under Subsection (b)

14-22    of this section does not authorize the licensee to perform any

14-23    services for which he has not qualified.  The board shall indicate

14-24    on the license which services the licensee is authorized to

14-25    perform, and the licensee may not perform any service not indicated

14-26    on the license.

14-27          SECTION 8.  Sections 17(a) and (d), Private Investigators and

 15-1    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

 15-2    Civil Statutes), are amended to read as follows:

 15-3          (a)  If the General Appropriations Act does not specify the

 15-4    amount of the fee, the board by rule shall establish reasonable and

 15-5    necessary fees that produce funds sufficient for the administration

 15-6    of this Act but that do not produce unnecessary fund balances and

 15-7    do not exceed the following amounts:

 15-8          Class A license                            $225

 15-9          (original and renewal)

15-10          Class B license                             225

15-11          (original and renewal)

15-12          Class C license                             340

15-13          (original and renewal)

15-14          Class D license                             225

15-15          (original and renewal)

15-16          Class E license                             340

15-17          (original and renewal)

15-18          Class F license                             340

15-19          (original and renewal)

15-20          Class G license                             455

15-21          (original and renewal)           

15-22          Reinstate suspended license                 150

15-23          Assignment of license                       150

15-24          Change name of license                       75

15-25          Delinquency fee                            _____

15-26          Branch office certificate and renewal       150

15-27          Registration fee for private investigators,

 16-1          managers, branch office managers,

 16-2          repossession agents, and alarm

 16-3          systems installers                           20

 16-4          (original and renewal)

 16-5          Registration fee for noncommissioned

 16-6          security officer                             35

 16-7          Registration fee for security sales person   20

 16-8          Registration fee for alarm systems monitor   20

 16-9          Registration fee for dog trainer             20

16-10          Registration fee for owner, officer, partner,

16-11          or shareholder of a licensee                 20

16-12          Registration fee for security consultants    55

16-13          Security officer commission fee              35

16-14          (original and renewal)

16-15          School instructor fee                       100

16-16          (original and renewal)

16-17          School approval fee                         250

16-18          (original and renewal)

16-19          Letter of authority fee for private

16-20          businesses and political subdivisions       225

16-21          (original and renewal)

16-22          FBI fingerprint check                        25

16-23          Duplicate pocket card                        10

16-24          Employee information update fee              15

16-25          Burglar alarm sellers renewal fee            25

16-26          Personal protection authorization            50

16-27          (d)  A [Class A, Class B, or Class C] license is valid for

 17-1    one year from the date of issuance.   Registration as a private

 17-2    investigator, manager, branch office manager, repossession agent,

 17-3    alarm systems installer, security consultant, security sales

 17-4    person, alarm systems monitor, or dog trainer is valid for two

 17-5    years from the date of registration, except that an initial

 17-6    registration as an alarm systems installer or security sales person

 17-7    is valid for one year from the date of registration if the board

 17-8    requires registrants to be trained or tested pursuant to Section

 17-9    32(f) of this Act.  Registration as an owner, officer, partner, or

17-10    shareholder of a licensee is valid for two years from the date of

17-11    registration.  Registration as a noncommissioned security officer

17-12    is valid for four years from the date of registration.  A letter of

17-13    authority, or a school approval or school instructor approval

17-14    letter issued by the board, is valid for one year from the date of

17-15    issuance.  Other licenses or registrations issued under this Act

17-16    are valid for the period specified by this Act or by board rule.

17-17          SECTION 9.  Section 32(a), Private Investigators and Private

17-18    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

17-19    Statutes), is amended to read as follows:

17-20          (a)  An individual who is employed as a private investigator,

17-21    manager, branch office manager, alarm systems installer,

17-22    noncommissioned security officer, private security consultant,

17-23    security sales person, alarm systems monitor, repossession agent,

17-24    or dog  trainer, or who is an owner, officer, partner, or

17-25    shareholder of a licensee, must register with the board as provided

17-26    by board rule.

17-27          SECTION 10.  Section 37(a), Private Investigators and Private

 18-1    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

 18-2    Statutes), is amended to read as follows:

 18-3          (a)  When an individual to whom a pocket card has been issued

 18-4    under Section 34 of this Act terminates his position as a private

 18-5    investigator, manager, branch office manager, repossession agent,

 18-6    alarm systems installer, private security consultant, security

 18-7    sales person, alarm systems monitor, or dog trainer, or as an

 18-8    owner, officer, partner, or shareholder of a licensee, the

 18-9    individual shall return his pocket card to the licensee on

18-10    termination of his employment.

18-11          SECTION 11.  Section 38(b), Private Investigators and Private

18-12    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

18-13    Statutes), is amended to read as follows:

18-14          (b)  If the employee was registered as a private

18-15    investigator, manager, branch office manager, repossession agent,

18-16    alarm systems installer, private security consultant, security

18-17    sales person, alarm systems monitor, or dog trainer, the licensee

18-18    shall return the pocket card of the employee to the board.

18-19          SECTION 12.  The Private Investigators and Private Security

18-20    Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is

18-21    amended by adding Section 39A to read as follows:

18-22          Sec. 39A.  DRUG TESTING OF REPOSSESSION AGENTS.  (a)  A

18-23    person applying for registration as a repossession agent shall

18-24    submit to a drug test in the manner prescribed by the board.

18-25          (b)  The board shall adopt rules for drug testing under

18-26    Subsection (a)  of this section.  The rules shall conform to

18-27    applicable laws regarding drug testing and meet the minimum

 19-1    standards established by federal law for occupational drug testing.

 19-2          SECTION 13.  (a)  Except as provided by Subsection (b), this

 19-3    Act takes effect September 1, 1997.

 19-4          (b)  A person is not required to obtain a license to operate

 19-5    a repossession company or to register as a repossession agent as

 19-6    required by Sections 13(a) and 32(a), Private Investigators and

 19-7    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

 19-8    Civil Statutes), as amended by this Act, until March 1, 1998.

 19-9          (c)  The Texas Board of Private Investigators and Private

19-10    Security Agencies shall adopt rules under this Act not later than

19-11    December 31, 1997.

19-12          (d)  In making the three additional appointments to the Texas

19-13    Board of Private Investigators and Private Security Agencies under

19-14    Section 5(a), Private Investigators and Private Security Agencies

19-15    Act (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended

19-16    by this Act, the governor shall designate, not later than November

19-17    1, 1997, one member for a term expiring January 31, 1999, one

19-18    member for a term expiring January 31, 2001, and one member for a

19-19    term expiring January 31, 2003.

19-20          SECTION 14.  The importance of this legislation and the

19-21    crowded condition of the calendars in both houses create an

19-22    emergency and an imperative public necessity that the

19-23    constitutional rule requiring bills to be read on three several

19-24    days in each house be suspended, and this rule is hereby suspended.