Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Williams H.B. No. 3023
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of private repossession agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1, Private Investigators and Private
1-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-6 Statutes), is amended to read as follows:
1-7 Sec. 1. This Act may be cited as the Private Investigators,
1-8 [and] Private Security, and Private Repossession Agencies Act.
1-9 SECTION 2. Section 2, Private Investigators and Private
1-10 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
1-11 Statutes), is amended by amending Subdivisions (14), (15), (16),
1-12 (21), and (22) and adding Subdivisions (37), (38), and (39) to read
1-13 as follows:
1-14 (14) "Manager" means in the case of a corporation, an
1-15 officer or supervisor, or in the case of a partnership, a general
1-16 or unlimited partner meeting the experience qualifications set
1-17 forth in Section 14 of this Act for managing a security services
1-18 contractor, [or] an investigations company, or a repossession
1-19 company.
1-20 (15) "License" means a permit granted by the board
1-21 entitling a person to operate as a security services contractor,
1-22 [or] an investigations company, or a repossession company.
1-23 (16) "Branch office license" means a permit granted by
1-24 the board entitling a person to operate as a security services
2-1 contractor, [or] an investigations company, or a repossession
2-2 company at a location other than the principal place of business as
2-3 shown in the board records.
2-4 (21) "Registration" means a permit granted by the
2-5 board to an individual to perform the duties of a private
2-6 investigator, manager, branch office manager, alarm systems
2-7 installer, noncommissioned security officer, private security
2-8 consultant, alarm systems monitor, [or] security sales person, or a
2-9 repossession agent.
2-10 (22) "Registrant" means an individual who has filed an
2-11 application with the board to perform the duties of a private
2-12 investigator, manager, branch office manager, alarm systems
2-13 installer, noncommissioned security officer, private security
2-14 consultant, alarm systems monitor, [or] security sales person, or a
2-15 repossession agent.
2-16 (37) "Repossession Company" means any person who, for
2-17 consideration, advertises as providing or is engaged in the
2-18 business of performing repossessions.
2-19 (38) "Repossession Agent" means any individual who,
2-20 for consideration, advertises as providing or performs
2-21 repossessions.
2-22 (39) "Repossession" means the recovery of a motor
2-23 vehicle as defined in accordance with the Texas Motor Vehicle
2-24 Commission Code, as amended (Article 4413(36), Vernon's Texas Civil
2-25 Statutes), mobile home or manufactured home as defined in
2-26 accordance with the Texas Manufactured Housing Standards Act, as
2-27 amended (Article 5221f, Vernon's Texas Civil Statutes), or vessel
2-28 as defined in accordance with the Water Safety Act, as amended
2-29 (Chapter 31, Parks and Wildlife Code) by an individual who is
2-30 authorized by the legal owner, lienholder, or lessor to recover, or
3-1 to collect payment in lieu of recovery, that which has been sold or
3-2 leased under a security agreement which contains a repossession
3-3 clause. A repossession is complete when a registered repossession
3-4 agent is in control, custody, and possession of such motor vehicle,
3-5 mobile home or manufactured home, or vessel.
3-6 SECTION 3. Section 3, Private Investigators and Private
3-7 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
3-8 Statutes), is amended to read as follows:
3-9 Sec. 3. (a) This Act does not apply to:
3-10 (1) a person employed exclusively and regularly by one
3-11 employer in connection with the affairs of an employer only and
3-12 where there exists an employer-employee relationship; provided,
3-13 however, any person who shall carry a firearm in the course of his
3-14 employment shall be required to obtain a private security officer
3-15 commission under the provisions of this Act;
3-16 (2) except as provided by Subsection (d) of this
3-17 Section, an officer or employee of the United States of America, or
3-18 of this State or political subdivision of either, while the
3-19 employee or officer is engaged in the performance of official
3-20 duties;
3-21 (3) a person who has full-time employment as a peace
3-22 officer, who receives compensation for private employment on an
3-23 individual or an independent contractor basis as a patrolman,
3-24 guard, or watchman if the officer:
3-25 (A) is employed in an employee-employer
3-26 relationship or employed on an individual contractual basis;
3-27 (B) is not in the employ of another peace
3-28 officer;
3-29 (C) is not a reserve peace officer; and
3-30 (D) works as a peace officer on the average of
4-1 at least 32 hours a week, is compensated by the state or a
4-2 political subdivision of the state at the rate of the minimum wage
4-3 or higher, and is entitled to all employee benefits offered to a
4-4 peace officer by the state or political subdivision;
4-5 (4) a person engaged exclusively in the business of
4-6 obtaining and furnishing information for purposes of credit
4-7 worthiness or collecting debts or ascertaining the financial
4-8 responsibility of applicants for property insurance and for
4-9 indemnity or surety bonds, with respect to persons, firms, and
4-10 corporations;
4-11 (5) an attorney-at-law in performing his duties;
4-12 (6) admitted insurers, insurance adjusters, agents,
4-13 and insurance brokers licensed by the State, performing duties in
4-14 connection with insurance transacted by them;
4-15 [(7) a person who engages exclusively in the business
4-16 of repossessing property that is secured by a mortgage or other
4-17 security interest;]
4-18 (7) [(8)] a locksmith who does not install or service
4-19 detection devices, does not conduct investigations, and is not a
4-20 security service contractor;
4-21 (8) [(9)] a person who owns and installs burglar
4-22 detection or alarm devices on his own property or, if he does not
4-23 charge for the device or its installation, installs it for the
4-24 protection of his personal property located on another's property,
4-25 and does not install the devices as a normal business practice on
4-26 the property of another;
4-27 (9) [(10)] an employee of a cattle association who is
4-28 engaged in inspection of brands of livestock under the authority
4-29 granted to that cattle association by the Packers and Stockyards
4-30 Division of the United States Department of Agriculture;
5-1 (10) [(11)] the provisions of this Act shall not apply
5-2 to common carriers by rail engaged in interstate commerce and
5-3 regulated by state and federal authorities and transporting
5-4 commodities essential to the national defense and to the general
5-5 welfare and safety of the community;
5-6 (11) [(12)] a registered professional engineer
5-7 practicing in accordance with the provisions of the Texas
5-8 Engineering Practice Act that does not install or service
5-9 detection devices, does not conduct nonengineering investigations,
5-10 is performing forensic engineering studies, and is not a security
5-11 service contractor;
5-12 (12) [(13)] a person whose sale of burglar alarm
5-13 signal devices, burglary alarms, television cameras, still cameras,
5-14 or other electrical, mechanical, or electronic devices used for
5-15 preventing or detecting burglary, theft, shoplifting, pilferage, or
5-16 other losses is exclusively over-the-counter or by mail order;
5-17 (13) [(14)] a person who holds a license or other form
5-18 of permission issued by an incorporated city or town to practice as
5-19 an electrician and who installs fire or smoke detectors in no
5-20 building other than a single family or multifamily residence;
5-21 (14) [(15)] a person or organization in the business
5-22 of building construction that installs electrical wiring and
5-23 devices that may include in part the installation of a burglar
5-24 alarm or detection device if:
5-25 (A) the person or organization is a party to a
5-26 contract that provides that the installation will be performed
5-27 under the direct supervision of and inspected and certified by a
5-28 person or organization licensed to install and certify such an
5-29 alarm or detection device and that the licensee assumes full
5-30 responsibility for the installation of the alarm or detection
6-1 device; and
6-2 (B) the person or organization does not service
6-3 or maintain burglar alarms or detection devices;
6-4 (15) [(16)] a reserve peace officer while the reserve
6-5 officer is performing guard, patrolman, or watchman duties for a
6-6 county and is being compensated solely by that county;
6-7 (16) [(17)] response to a burglar alarm or detection
6-8 device by a law enforcement agency or by a law enforcement officer
6-9 acting in an official capacity;
6-10 (17) [(18)] a person who, by education, experience, or
6-11 background has specialized expertise or knowledge such as that
6-12 which would qualify or tend to qualify such person as an expert
6-13 witness, authorized to render opinions in proceedings conducted in
6-14 a court, administrative agency, or governing body of this state or
6-15 of the United States, in accordance with applicable rules and
6-16 regulations and who does not perform any other service for which a
6-17 license is required by provisions of this Act;
6-18 (18) [(19)] an officer, employee, or agent of a common
6-19 carrier, as defined by Section 153(h), Communications Act of 1934
6-20 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
6-21 user of the carrier's long-distance services from a fraudulent,
6-22 unlawful, or abusive use of those long-distance services;
6-23 (19) [(20)] a person who sells or installs automobile
6-24 burglar alarm devices and that does not perform any other act that
6-25 requires a license under this Act;
6-26 (20) [(21)] a manufacturer, or a manufacturer's
6-27 authorized distributor, who sells to the holder of a license under
6-28 this Act equipment used in the operations for which the holder is
6-29 required to be licensed;
6-30 (21) [(22)] a person employed as a noncommissioned
7-1 security officer by a political subdivision of this state;
7-2 (22) [(23)] a person whose activities are regulated
7-3 under Article 5.43-2, Insurance Code, except to the extent that
7-4 those activities are specifically regulated under this Act;
7-5 (23) [(24)] a landman performing activities in the
7-6 course and scope of the landman's business;
7-7 (24) [(25)] a hospital or a wholly owned subsidiary or
7-8 affiliate of a hospital that provides medical alert services for
7-9 persons who are sick or disabled, if the hospital, subsidiary, or
7-10 affiliate is licensed under Chapter 241, Health and Safety Code,
7-11 and the hospital does not perform any other service that requires a
7-12 license under this Act;
7-13 (25) [(26)] a charitable, nonprofit organization that
7-14 provides medical alert services for persons who are sick or
7-15 disabled, if the organization:
7-16 (A) is exempt from taxation under Section
7-17 501(c)(3), Internal Revenue Code of 1986;
7-18 (B) has its monitoring services provided by a
7-19 licensed person or hospital or a wholly owned subsidiary or
7-20 affiliate of a hospital licensed under Chapter 241, Health and
7-21 Safety Code; and
7-22 (C) does not perform any other service that
7-23 requires a license under this Act;
7-24 (26) [(27)] a person engaged in the business of
7-25 electronic monitoring of a person as a condition of that person's
7-26 probation, parole, mandatory supervision, or release on bail, if
7-27 the person does not perform any other service that requires a
7-28 license under this Act;
7-29 (27) [(28)] a nonprofit business or civic organization
7-30 that:
8-1 (A) employs one or more peace officers meeting
8-2 the qualifications of Subdivision (3) of this subsection as
8-3 patrolmen, guards, or watchmen;
8-4 (B) provides the services of these peace
8-5 officers only to:
8-6 (i) its members; or
8-7 (ii) if the organization does not have
8-8 members, the members of the communities served by the organization
8-9 as described in its articles of incorporation or other
8-10 organizational documents;
8-11 (C) devotes the net receipts from all charges
8-12 for the services exclusively to the cost of providing the services
8-13 or to the costs of other services for the enhancement of the
8-14 security or safety of:
8-15 (i) its members; or
8-16 (ii) if the organization does not have
8-17 members, the members of the communities served by the organization
8-18 as described in its articles of incorporation or other
8-19 organizational documents; and
8-20 (D) does not perform any other service that
8-21 requires a license under this Act;
8-22 (28) [(29)] a charitable, nonprofit organization that
8-23 maintains a system of records to aid in the location of missing
8-24 children if the organization:
8-25 (A) is exempt from federal taxation under
8-26 Section 501(c)(3), Internal Revenue Code of 1986, and its
8-27 subsequent amendments;
8-28 (B) exclusively provides services related to
8-29 locating missing children; and
8-30 (C) does not perform any other service that
9-1 requires a license under this Act; or
9-2 (29) [(30)] a person engaged in the business of
9-3 psychological testing or other testing and interviewing services
9-4 (to include but not limited to attitudes, honesty, intelligence,
9-5 personality, and skills) for preemployment purposes, if the person
9-6 does not perform any other service that requires a license under
9-7 this Act.
9-8 (b) Licensees and employees of licensees under the
9-9 provisions of this Act shall not be required to obtain any
9-10 authorization, permit, franchise, or license from or pay any other
9-11 fee or franchise tax to or post a bond in any city, county, or
9-12 other political subdivision of this State to engage in business or
9-13 perform any service authorized under this Act.
9-14 (c) Except as otherwise specifically provided in this
9-15 subsection, no city, county, or other political subdivision of this
9-16 State shall impose any charge, service charge, fee, or any other
9-17 type of payment for the use of city, county, or other public
9-18 facilities in connection with businesses or services rendered by
9-19 the licensees under this Act, except that any city or town may levy
9-20 and collect reasonable charges for the use of central alarm
9-21 installation located in a police office, that is owned, operated,
9-22 or monitored by such city or town. Provided further, that any city
9-23 or town may require discontinuation of service of any alarm signal
9-24 device which, because of mechanical malfunction or faulty
9-25 equipment, causes at least five false alarms in any 12-month
9-26 period. Such city or town may cause the disconnection of any such
9-27 device until the same is repaired to the satisfaction of the
9-28 appropriate municipal official, and the city or town may levy and
9-29 collect reasonable inspection and reinspection fees in connection
9-30 therewith. "Mechanical malfunction" and "faulty equipment" shall
10-1 not relate, for the purposes of this section, to false alarms
10-2 caused by human error or an act of God.
10-3 (d) Although under the provisions of this Act the security
10-4 department of a private business that hires or employs an
10-5 individual in the capacity of a private security officer to possess
10-6 a firearm in the course and scope of his duties is required to make
10-7 application for a security officer commission for the individual
10-8 according to the provisions of this Act, the security department of
10-9 a private business shall not be required to make application to the
10-10 board for any license under this Act.
10-11 (e) The provisions of this Act relating to security officer
10-12 commissions apply to a person employed by a political subdivision
10-13 whose duties include serving as a security guard, security
10-14 watchman, or security patrolman on property owned or operated by
10-15 the political subdivision if the governing body of the political
10-16 subdivision files a written request with the board for the board to
10-17 commission the political subdivision's employees with those duties.
10-18 The board may not charge a fee for commissioning those officers.
10-19 The board shall issue the officer a pocket card designating the
10-20 political subdivision employing him. The commission expires when
10-21 the officer's employment as a security officer by the political
10-22 subdivision is terminated. The board may approve a security
10-23 officer training program conducted by the political subdivision
10-24 under the provisions of Section 20 of this Act applicable to
10-25 approval of a private business' training program.
10-26 SECTION 4. Section 5, Subsection (a)(4) is amended to read
10-27 as follows:
10-28 (4) three [two] members shall be appointed by the
10-29 Governor, without regard to the race, creed, color, handicap, age,
10-30 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 SECTION 5. Section 13, Private Investigators and Private
11-7 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
11-8 Statutes), is amended to read as follows:
11-9 Sec. 13. (a) It shall be unlawful and punishable as
11-10 provided in Section 44 of this Act for any person to engage in the
11-11 business of, or perform any service as an investigations company,
11-12 guard company, alarm systems company, repossession company, armored
11-13 car company, courier company, or guard dog company or to offer his
11-14 services in such capacities or engage in any business or business
11-15 activity required to be licensed by this Act unless he has obtained
11-16 a license under the provisions of this Act.
11-17 (b) It is unlawful and punishable as provided in Section 44
11-18 of this Act for any person to represent falsely that he is employed
11-19 by a licensee or represent falsely that he is licensed, registered,
11-20 or commissioned.
11-21 (c) It shall be unlawful and punishable as provided in
11-22 Section 44 of this Act for any individual to make application to
11-23 the board as manager or to serve as manager of an investigations
11-24 company, guard company, repossession company, alarm systems
11-25 company, armored car company, courier company, or guard dog company
11-26 unless the individual intends to maintain and maintains that
11-27 supervisory position on a daily basis for the company.
11-28 SECTION 6. The Private Investigators and Private Security
11-29 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes),
11-30 is amended by adding Section 14C to read as follows:
12-1 Sec. 14C. (a) No license covering operations as defined in
12-2 Subdivision (37), Section 2, of this Act shall be issued under this
12-3 Act unless the applicant files with the board evidence of a sales
12-4 tax permit issued to the license applicant by the comptroller under
12-5 Chapter 151 of the Tax Code.
12-6 (b) No license covering operations as defined in Subdivision
12-7 (37), Section 2, of this Act shall be issued under this Act unless
12-8 the applicant files with the board evidence of compliance with
12-9 Article 6675c regarding registration of any tow truck or other
12-10 vehicle to be used by the applicant for the purpose of repossessing
12-11 a motor vehicle, mobile home or manufactured home, or vessel, and
12-12 evidence of compliance with the insurance requirements under
12-13 Article 6675c applicable to such tow truck or other vehicle.
12-14 (c)(1) After consulting the Texas Department of
12-15 Transportation and Department of Public Safety, the board shall
12-16 adopt rules to ensure that a vehicle to be utilized for the purpose
12-17 of completing a repossession by a Class D, Class E, Class F, or
12-18 Class G licensee shall be a tow truck or other vehicle which is
12-19 suitable in terms of size, towing capacity, equipment, and safety.
12-20 (2) The board shall adopt rules to ensure that
12-21 vehicles utilized for the purpose of repossession by a Class D,
12-22 Class E, Class F, or Class G licensee shall be identified during
12-23 repossession by the license number of the repossession company.
12-24 The license number shall be displayed on both sides of the vehicle
12-25 and shall appear in lettering no less than 2 1/2 inches tall and in
12-26 contrasting color from the background.
12-27 (3) The board shall conduct regular inspections to
12-28 ensure compliance with the rules adopted under this subsection.
12-29 (d)(1) The board shall adopt rules to ensure that the areas
12-30 in which a repossession company stores repossessed motor vehicles,
13-1 mobile homes or manufactured homes, and vessels are securely
13-2 enclosed by six-foot chain link fences or other means of equal
13-3 security, are well-lighted, and have the capacity to store no less
13-4 than 20 full-sized motor vehicles.
13-5 (2) The board shall conduct regular inspections to
13-6 ensure compliance with the rules adopted under this subsection.
13-7 (e)(1) Each repossession company licensed or required to be
13-8 licensed under this Act shall maintain regular office hours a
13-9 minimum of eight hours per day Monday through Friday for persons to
13-10 claim personal property from repossessed motor vehicles, motor
13-11 homes or manufactured homes, or vessels.
13-12 (2) Each repossession company licensed or required to
13-13 be licensed under this Act shall maintain a telephone listed in the
13-14 name of the repossession company.
13-15 (3) The board shall adopt rules to ensure compliance
13-16 with this subsection.
13-17 (f) Each repossession company licensed or required to be
13-18 licensed under this Act shall notify the sheriff of the county and
13-19 the chief of police of the principal city of the county within one
13-20 hour of completing a repossession in that county. Failure to
13-21 comply with this subsection is unlawful and punishable as provided
13-22 in Section 44 of this Act.
13-23 SECTION 7. Section 16, Private Investigators and Private
13-24 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
13-25 Statutes), is amended to read as follows:
13-26 Sec. 16. (a) No person may engage in any operation outside
13-27 the scope of his license.
13-28 (b) For the purpose of defining the scope of licenses, the
13-29 following license classifications are established:
13-30 (1) Class A: investigations company license, covering
14-1 operations as defined in Subdivision (3), Section 2, of this Act;
14-2 (2) Class B: security services contractor license,
14-3 covering operations as defined in Subdivision (9), Section 2, of
14-4 this Act;
14-5 (3) Class C: covering the operations included within
14-6 Class A and Class B[.];
14-7 (4) Class D: repossession company license, covering
14-8 operations as defined in Subdivision (37), Section 2, of this Act;
14-9 (5) Class E: covering the operations included within
14-10 Class A and Class D;
14-11 (6) Class F: covering the operations included within
14-12 Class B and Class D; and
14-13 (7) Class G: covering the operations included within
14-14 Class A, Class B, and Class D.
14-15 (c) A person licensed only as a security services contractor
14-16 may not make any investigation except as incidental to the theft,
14-17 loss, embezzlement, misappropriation, or concealment of any
14-18 property which he has been hired or engaged to protect.
14-19 (d) A Class A, B, [or] C, D, E, F, or G license does not
14-20 authorize the licensee to perform any services for which he has not
14-21 qualified. The board shall indicate on the license which services
14-22 the licensee is authorized to perform, and the licensee may not
14-23 perform any service not indicated on the license.
14-24 SECTION 8. Section 17, Private Investigators and Private
14-25 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
14-26 Statutes), is amended to read as follows:
14-27 Sec. 17. (a) If the General Appropriations Act does not
14-28 specify the amount of the fee, the board by rule shall establish
14-29 reasonable and necessary fees that produce funds sufficient for the
14-30 administration of this Act but that do not produce unnecessary fund
15-1 balances and do not exceed the following amounts:
15-2 Class A license (original and renewal) $225
15-3 Class B license (original and renewal) 225
15-4 Class C license (original and renewal) 340
15-5 Class D license (original and renewal) 225
15-6 Class E license (original and renewal) 340
15-7 Class F license (original and renewal) 340
15-8 Class G license (original and renewal) 455
15-9 Reinstate suspended license 150
15-10 Assignment of license 150
15-11 Change name of license 75
15-12 Delinquency fee ____
15-13 Branch office certificate and renewal 150
15-14 Registration fee for private investigators,
15-15 managers, branch office managers, and alarm
15-16 systems installers (original and renewal) 20
15-17 Registration fee for noncommissioned security officer 35
15-18 Registration fee for security sales person 20
15-19 Registration fee for alarm systems monitor 20
15-20 Registration fee for dog trainer 20
15-21 Registration fee for owner, officer, partner, or
15-22 shareholder of a licensee 20
15-23 Registration fee for security consultants 55
15-24 Security officer commission fee
15-25 (original and renewal) 35
15-26 School instructor fee (original and renewal) 100
15-27 School approval fee (original and renewal) 250
15-28 Letter of authority fee for private businesses and
15-29 political subdivisions
15-30 (original and renewal) 225
16-1 FBI fingerprint check 25
16-2 Duplicate pocket card 10
16-3 Employee information update fees 15
16-4 Burglar alarm sellers renewal fee 25
16-5 Personal protection authorization 50
16-6 (b) The financial transactions of the board are subject to
16-7 audit by the state auditor in accordance with Chapter 321,
16-8 Government Code.
16-9 (c) In addition to other fees established under this Act,
16-10 the board may charge a fee each time the board requires a person
16-11 regulated under this Act to resubmit a set of fingerprints for
16-12 processing by the board during the application process for a
16-13 license, registration, or commission issued under this Act. The
16-14 board shall set the fee in an amount that is reasonable and
16-15 necessary to cover its administrative expenses related to
16-16 processing the set of fingerprints.
16-17 (d) A Class A, Class B, [or] Class C, Class D, Class E,
16-18 Class F, or Class G license is valid for one year from the date of
16-19 issuance. Registration as a private investigator, manager, branch
16-20 office manager, repossession agent, alarm systems installers,
16-21 security consultant, security sales person, alarm systems monitor,
16-22 or dog trainer is valid for two years from the date of
16-23 registration, except that an initial registration as an alarm
16-24 systems installer or security sales person is valid for one year
16-25 from the date of registration if the board requires registrants to
16-26 be trained or tested pursuant to Section 32(f) of this Act.
16-27 Registration as an owner, officer, partner, or shareholder of a
16-28 licensee is valid for two years from the date of registration.
16-29 Registration as a noncommissioned security officer is valid for
16-30 four years from the date of registration. A letter of authority,
17-1 or a school approval or school instructor approval letter issued by
17-2 the board, is valid for one year from the date of issuance. Other
17-3 licenses or registrations issued under this Act are valid for the
17-4 period specified by this Act or by board rule.
17-5 SECTION 9. Section 19, Private Investigators and Private
17-6 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
17-7 Statutes), is amended by adding Subsection (m) to read as follows:
17-8 (m) It is unlawful and punishable under Section 44 of this
17-9 Act for an individual employed as a repossession agent to knowingly
17-10 carry a firearm during the course of performing his duties as a
17-11 repossession agent.
17-12 SECTION 10. Subsection (a), Section 32, Private
17-13 Investigators and Private Security Agencies Act (Article 4413
17-14 (29bb), Vernon's Texas Civil Statutes), is amended to read as
17-15 follows:
17-16 (a) An individual who is employed as a private investigator,
17-17 manager, branch office manager, repossession agent, alarm systems
17-18 installer, noncommissioned security officer, private security
17-19 consultant, security sales person, alarm systems monitor, or dog
17-20 trainer, or who is an owner, officer, partner, or shareholder of a
17-21 licensee, must register with the board as provided by board rule.
17-22 SECTION 11. Subsection (a), Section 34, Private
17-23 Investigators and Private Security Agencies Act (Article 4413
17-24 (29bb), Vernon's Texas Civil Statutes), is amended to read as
17-25 follows:
17-26 (a) When an individual to whom a pocket card has been issued
17-27 under Section 34 of this Act terminates his position as a private
17-28 investigator, manager, branch office manager, repossession agent,
17-29 alarm systems installer, private security consultant, security
17-30 sales person, alarm systems monitor, or dog trainer, or as an
18-1 owner, officer, partner, or shareholder of a licensee, the
18-2 individual shall return his pocket card to the licensee on
18-3 termination of his employment.
18-4 SECTION 12. Subsection (b), Section 34, Private
18-5 Investigators and Private Security Agencies Act (Article 4413
18-6 (29bb), Vernon's Texas Civil Statutes), is amended to read as
18-7 follows:
18-8 (b) If the employee was registered as a private
18-9 investigator, manager, branch officer manager, repossession agent,
18-10 alarm systems installer, private security consultant, security
18-11 sales person, alarm systems monitor, or dog trainer, the licensee
18-12 shall return the pocket card of the employee to the board.
18-13 SECTION 13. This Act takes effect September 1, 1997.
18-14 SECTION 14. The importance of this legislation and the
18-15 crowded condition of the calendars in both houses create an
18-16 emergency and an imperative public necessity that the
18-17 constitutional rule requiring bills to be read on three several
18-18 days in each house be suspended and this rule is hereby suspended.