By Oakley H.B. No. 3604
75R13548 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the abolition of the Texas Board of Private
1-3 Investigators and Private Security Agencies and the transfer of the
1-4 functions of that agency to the State Board of Security Agencies.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 2(1) and (24), Private Investigators and
1-7 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
1-8 Civil Statutes), are amended to read as follows:
1-9 (1) "Board" means the State [Texas] Board of [Private
1-10 Investigators and Private] Security Agencies.
1-11 (24) "Director" means the director of the State
1-12 [Texas] Board of [Private Investigators and Private] Security
1-13 Agencies.
1-14 SECTION 2. Section 4, Private Investigators and Private
1-15 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-16 Statutes), as amended by Chapters 306 and 773, Acts of the 67th
1-17 Legislature, Regular Session, 1981, is amended to read as follows:
1-18 Sec. 4. CREATION OF BOARD. (a) The State [A Texas] Board
1-19 of [Private Investigators and Private] Security Agencies is created
1-20 to carry out the functions and duties conferred on it by this Act.
1-21 (b) The [position of] director of the State [Texas] Board of
1-22 [Private Investigators and Private] Security Agencies [is created.
1-23 He] shall serve as chief administrator of the board. The director
1-24 may [He shall] not be a member of the board, but shall be a
2-1 full-time employee of the board, fully compensable in an amount to
2-2 be determined by the Legislature. The director shall perform such
2-3 duties as may be prescribed by the board. The director and the
2-4 employees of the board may not have a financial or business
2-5 interest, contingent or otherwise, in any security services
2-6 contractor or investigations company, and may not be licensed under
2-7 this Act.
2-8 (c) All legal process and all documents required by law to
2-9 be served upon or filed with the board shall be served or filed
2-10 with the director at the designated office of the board. All
2-11 official records of the board or affidavits by the director as to
2-12 the content of such records shall be prima facie evidence of all
2-13 matters required to be kept by the board.
2-14 (d) The State [Texas] Board of [Private Investigators and
2-15 Private] Security Agencies is subject to Chapter 325, Government
2-16 Code (Texas Sunset Act). Unless continued in existence as provided
2-17 by that chapter, the board is abolished and this Act expires
2-18 September 1, 1999 [2003].
2-19 (e) Except as provided by Subsection (f) of this section,
2-20 all sums of money paid to the board under this Act shall be
2-21 deposited in [the State Treasury and placed in] a special account
2-22 in the general revenue fund [to be] known as the State [Texas]
2-23 Board of [Private Investigators and Private] Security Agencies
2-24 Account [Fund] and may be used only for the administration of this
2-25 Act.
2-26 (f) The fines collected under this Act shall be deposited to
2-27 the credit of the General Revenue Fund and may not be used for the
3-1 administration of this Act.
3-2 [(e) Funds paid to the board under this Act shall be
3-3 deposited in the State Treasury to the credit of the General
3-4 Revenue Fund.]
3-5 (g) [(f)] The board is subject to Chapters 551 and 2001,
3-6 Government Code [the open meetings law, Chapter 271, Acts of the
3-7 60th Legislature, Regular Session, 1967, as amended (Article
3-8 6252-17, Vernon's Texas Civil Statutes), and the Administrative
3-9 Procedure and Texas Register Act, as amended (Article 6252-13a,
3-10 Vernon's Texas Civil Statutes)].
3-11 SECTION 3. Section 11.61(e), Alcoholic Beverage Code, is
3-12 amended to read as follows:
3-13 (e) Except as provided by Subsection (f), the commission or
3-14 administrator shall cancel an original or renewal permit if it is
3-15 found, after notice and hearing, that the permittee knowingly
3-16 allowed a person to possess a firearm in a building on the licensed
3-17 premises. This subsection does not apply to a person:
3-18 (1) who holds a security officer commission issued by
3-19 the State [Texas] Board of [Private Investigators and Private]
3-20 Security Agencies, if:
3-21 (A) the person is engaged in the performance of
3-22 the person's duties as a security officer;
3-23 (B) the person is wearing a distinctive uniform;
3-24 and
3-25 (C) the weapon is in plain view;
3-26 (2) who is a peace officer; or
3-27 (3) who is a permittee or an employee of a permittee
4-1 if the person is supervising the operation of the premises.
4-2 SECTION 4. Section 61.71(f), Alcoholic Beverage Code, is
4-3 amended to read as follows:
4-4 (f) Except as provided by Subsection (g), the commission or
4-5 administrator shall cancel an original or renewal dealer's
4-6 on-premises or off-premises license if it is found, after notice
4-7 and hearing, that the licensee knowingly allowed a person to
4-8 possess a firearm in a building on the licensed premises. This
4-9 subsection does not apply to a person:
4-10 (1) who holds a security officer commission issued by
4-11 the State [Texas] Board of [Private Investigators and Private]
4-12 Security Agencies, if:
4-13 (A) the person is engaged in the performance of
4-14 the person's duties as a security officer;
4-15 (B) the person is wearing a distinctive uniform;
4-16 and
4-17 (C) the weapon is in plain view;
4-18 (2) who is a peace officer; or
4-19 (3) who is a licensee or an employee of a licensee if
4-20 the person is supervising the operation of the premises.
4-21 SECTION 5. Section 232.002, Family Code, is amended to read
4-22 as follows:
4-23 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
4-24 following state agencies are licensing authorities subject to this
4-25 chapter [subchapter]:
4-26 (1) Department of Agriculture;
4-27 (2) Texas Commission on Alcohol and Drug Abuse;
5-1 (3) Texas Alcoholic Beverage Commission;
5-2 (4) Texas Appraiser Licensing and Certification Board;
5-3 (5) Texas Board of Architectural Examiners;
5-4 (6) State Board of Barber Examiners;
5-5 (7) Texas Board of Chiropractic Examiners;
5-6 (8) Comptroller of Public Accounts;
5-7 (9) Texas Cosmetology Commission;
5-8 (10) Court Reporters Certification Board;
5-9 (11) State Board of Dental Examiners[, if the 74th
5-10 Legislature, at its regular session, enacts legislation that
5-11 becomes law authorizing a state agency to regulate the practice of
5-12 dentistry];
5-13 (12) Texas State Board of Examiners of Dietitians;
5-14 (13) Texas Funeral Service Commission;
5-15 (14) Texas Department of Health;
5-16 (15) Texas Board of Professional Land Surveying;
5-17 (16) Texas Department of Licensing and Regulation;
5-18 (17) Texas State Board of Examiners of Marriage and
5-19 Family Therapists;
5-20 (18) Texas State Board of Medical Examiners;
5-21 (19) Midwifery Board;
5-22 (20) Texas Natural Resource Conservation Commission;
5-23 (21) Board of Nurse Examiners;
5-24 (22) Texas Board of Nursing Facility Administrators;
5-25 (23) Texas Board of Occupational Therapy Examiners;
5-26 (24) Texas Optometry Board;
5-27 (25) Parks and Wildlife Department;
6-1 (26) Texas State Board of Examiners of Perfusionists;
6-2 (27) Texas State Board of Pharmacy;
6-3 (28) Texas Board of Physical Therapy Examiners;
6-4 (29) Texas State Board of Plumbing Examiners;
6-5 (30) Texas State Board of Podiatric Medical [Podiatry]
6-6 Examiners;
6-7 (31) Polygraph Examiners Board;
6-8 (32) State [Texas] Board of [Private Investigators and
6-9 Private] Security Agencies;
6-10 (33) Texas State Board of Examiners of Professional
6-11 Counselors;
6-12 (34) State Board of Registration for Professional
6-13 Engineers;
6-14 (35) Department of Protective and Regulatory Services;
6-15 (36) Texas State Board of Examiners of Psychologists;
6-16 (37) Texas State Board of Public Accountancy;
6-17 (38) Department of Public Safety of the State of
6-18 Texas;
6-19 (39) Public Utility Commission of Texas;
6-20 (40) Railroad Commission of Texas;
6-21 (41) Texas Real Estate Commission;
6-22 (42) State Bar of Texas;
6-23 (43) Texas State Board of Social Worker Examiners;
6-24 (44) State Board of Examiners for Speech-Language
6-25 Pathology and Audiology;
6-26 (45) Texas Structural Pest Control Board;
6-27 (46) Board of Tax Professional Examiners;
7-1 (47) Secretary of State;
7-2 (48) Supreme Court of Texas;
7-3 (49) Texas Transportation Commission;
7-4 (50) State Board of Veterinary Medical Examiners;
7-5 (51) Board of Vocational Nurse Examiners;
7-6 (52) Texas Ethics Commission;
7-7 (53) Advisory Board of Athletic Trainers;
7-8 (54) State Committee of Examiners in the Fitting and
7-9 Dispensing of Hearing Instruments;
7-10 (55) Texas Board of Licensure for Professional Medical
7-11 Physicists; and
7-12 (56) Texas Department of Insurance.
7-13 SECTION 6. Section 411.119, Government Code, is amended to
7-14 read as follows:
7-15 Sec. 411.119. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
7-16 STATE [TEXAS] BOARD OF [PRIVATE INVESTIGATORS AND PRIVATE] SECURITY
7-17 AGENCIES. The State [Texas] Board of [Private Investigators and
7-18 Private] Security Agencies is entitled to obtain from the
7-19 department criminal history record information maintained by the
7-20 department that relates to a person who is:
7-21 (1) an applicant for a license, registration, or
7-22 security officer commission under the Private Investigators and
7-23 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
7-24 Civil Statutes); or
7-25 (2) an applicant for a position regulated under that
7-26 Act.
7-27 SECTION 7. Section 46.02(b), Penal Code, as amended by
8-1 Chapters 229, 318, 754, 790, and 998, Acts of the 74th Legislature,
8-2 Regular Session, 1995, is amended to read as follows:
8-3 (b) It is a defense to prosecution under this section that
8-4 the actor was, at the time of the commission of the offense:
8-5 (1) in the actual discharge of his official duties as
8-6 a member of the armed forces or state military forces as defined by
8-7 Section 431.001, Government Code, or as a guard employed by a penal
8-8 institution;
8-9 (2) on his own premises or premises under his control
8-10 unless he is an employee or agent of the owner of the premises and
8-11 his primary responsibility is to act in the capacity of a security
8-12 guard to protect persons or property, in which event he must comply
8-13 with Subdivision (5);
8-14 (3) traveling;
8-15 (4) engaging in lawful hunting, fishing, or other
8-16 sporting activity on the immediate premises where the activity is
8-17 conducted, or was directly en route between the premises and the
8-18 actor's residence, if the weapon is a type commonly used in the
8-19 activity;
8-20 (5) a person who holds a security officer commission
8-21 issued by the State [Texas] Board of [Private Investigators and
8-22 Private] Security Agencies, if:
8-23 (A) he is engaged in the performance of his
8-24 duties as a security officer or traveling to and from his place of
8-25 assignment;
8-26 (B) he is wearing a distinctive uniform; and
8-27 (C) the weapon is in plain view; [or]
9-1 (6) [(7)] carrying a concealed handgun and a valid
9-2 license issued under Article 4413(29ee), Revised Statutes, to carry
9-3 a concealed handgun of the same category as the handgun the person
9-4 is carrying; [.]
9-5 (7) a person who holds a security officer commission
9-6 and a personal protection authorization issued by the State [Texas]
9-7 Board of [Private Investigators and Private] Security Agencies and
9-8 who is providing personal protection under the Private
9-9 Investigators and Private Security Agencies Act (Article
9-10 4413(29bb), Vernon's Texas Civil Statutes); or [.]
9-11 (8) [(7)] a holder of an alcoholic beverage permit or
9-12 license or an employee of a holder of an alcoholic beverage permit
9-13 or license if the actor is supervising the operation of the
9-14 permitted or licensed premises.
9-15 SECTION 8. Section 46.03(d), Penal Code, is amended and
9-16 Section 46.03(g), Penal Code, as added by Chapter 790, Acts of the
9-17 74th Legislature, Regular Session, 1995, is redesignated as
9-18 Subsection (h) and amended to read as follows:
9-19 (d) It is a defense to prosecution under Subsection (a)(5)
9-20 that the actor possessed a firearm or club while traveling to or
9-21 from the actor's place of assignment or in the actual discharge of
9-22 duties as:
9-23 (1) a member of the armed forces or national guard;
9-24 (2) a guard employed by a penal institution; or
9-25 (3) a security officer commissioned by the State
9-26 [Texas] Board of [Private Investigators and Private] Security
9-27 Agencies if:
10-1 (A) the actor is wearing a distinctive uniform;
10-2 and
10-3 (B) the firearm or club is in plain view; or
10-4 (4) [(5)] a security officer who holds a personal
10-5 protection authorization under the Private Investigators and
10-6 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
10-7 Civil Statutes).
10-8 (h) [(g)] It is a defense to prosecution under Subsection
10-9 (a)(4) that the actor possessed a firearm or club while traveling
10-10 to or from the actor's place of assignment or in the actual
10-11 discharge of duties as a security officer commissioned by the State
10-12 [Texas] Board of [Private Investigators and Private] Security
10-13 Agencies, if:
10-14 (1) the actor is wearing a distinctive uniform; and
10-15 (2) the firearm or club is in plain view.
10-16 SECTION 9. Section 18(a), Article 4413(29ee), Revised
10-17 Statutes, is amended to read as follows:
10-18 (a) The director may certify as a qualified handgun
10-19 instructor a person who:
10-20 (1) is certified by the Commission on Law Enforcement
10-21 Officer Standards and Education or the State [Texas] Board of
10-22 [Private Investigators and Private] Security Agencies to instruct
10-23 others in the use of handguns;
10-24 (2) regularly instructs others in the use of handguns
10-25 and has graduated from a handgun instructor school that uses a
10-26 nationally accepted course designed to train persons as handgun
10-27 instructors; or
11-1 (3) is certified by the National Rifle Association of
11-2 America as a handgun instructor.
11-3 SECTION 10. (a) The Texas Board of Private Investigators
11-4 and Private Security Agencies is abolished on the effective date of
11-5 this Act but shall continue in existence after that date for the
11-6 sole purpose of transferring obligations, property, rights, powers,
11-7 and duties to the State Board of Security Agencies. The State
11-8 Board of Security Agencies assumes all of the obligations,
11-9 property, rights, powers, and duties of the Texas Board of Private
11-10 Investigators and Private Security Agencies, as exercised by that
11-11 agency immediately before the effective date of this Act. All
11-12 unexpended funds appropriated to the Texas Board of Private
11-13 Investigators and Private Security Agencies are transferred to the
11-14 State Board of Security Agencies. The transfer of the obligations,
11-15 property, rights, powers, and duties of the Texas Board of Private
11-16 Investigators and Private Security Agencies must be completed not
11-17 later than the 30th day after the effective date of this Act.
11-18 (b) All rules of the Texas Board of Private Investigators
11-19 and Private Security Agencies are continued in effect as rules of
11-20 the State Board of Security Agencies until superseded by a rule of
11-21 the State Board of Security Agencies. A license, permit, or
11-22 registration issued by the Texas Board of Private Investigators and
11-23 Private Security Agencies is continued in effect as provided by the
11-24 law in effect immediately before the effective date of this Act. A
11-25 complaint, investigation, contested case, or other proceeding
11-26 pending on the effective date of this Act is continued without
11-27 change in status after the effective date of this Act.
12-1 SECTION 11. (a) In making appointments to the State Board
12-2 of Security Agencies, the governor shall appoint:
12-3 (1) two persons licensed under the Private
12-4 Investigators and Private Security Agencies Act (Article
12-5 4413(29bb), Vernon's Texas Civil Statutes) for terms expiring
12-6 February 1, 1999;
12-7 (2) two persons who represent the general public for
12-8 terms expiring February 1, 2001; and
12-9 (3) one person licensed under the Private
12-10 Investigators and Private Security Agencies Act (Article
12-11 4413(29bb), Vernon's Texas Civil Statutes) and one person who
12-12 represents the general public for terms expiring February 1, 2003.
12-13 (b) A person serving as an appointed member of the Texas
12-14 Board of Private Investigators and Private Security Agencies on the
12-15 day before the effective date of this Act is not eligible for
12-16 appointment to the State Board of Security Agencies established
12-17 under this Act.
12-18 SECTION 12. The importance of this legislation and the
12-19 crowded condition of the calendars in both houses create an
12-20 emergency and an imperative public necessity that the
12-21 constitutional rule requiring bills to be read on three several
12-22 days in each house be suspended, and this rule is hereby suspended,
12-23 and that this Act take effect and be in force from and after its
12-24 passage, and it is so enacted.
12-25 COMMITTEE AMENDMENT NO. 1
12-26 Amend H.B. 3604 as follows:
12-27 (1) On page 12, lines 13-17, strike all of subsection (b)
13-1 and renumber subsequent lines.
13-2 Oakley