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.