By:  Fraser                                           S.B. No. 1756

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the exemption of certain persons from the provisions of

 1-2     the Private Investigators and Private Security Agencies Act.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsection (a), Section 3, Private Investigators

 1-5     and Private Security Agencies Act (Article 4413(29bb), Vernon's

 1-6     Texas Civil Statutes), is amended to read as follows:

 1-7           (a)  This Act does not apply to:

 1-8                 (1)  a person employed exclusively and regularly by one

 1-9     employer in connection with the affairs of an employer only and

1-10     where there exists an employer-employee relationship; provided,

1-11     however, any person who shall carry a firearm in the course of his

1-12     employment shall be required to obtain a private security officer

1-13     commission under the provisions of this Act;

1-14                 (2)  except as provided by Subsection (d) of this

1-15     Section, an officer or employee of the United States of America, or

1-16     of this State or political subdivision of either, while the

1-17     employee or officer is engaged in the performance of official

1-18     duties;

1-19                 (3)  a person who has full-time employment as a peace

1-20     officer, who receives compensation for private employment on an

1-21     individual or an independent contractor basis as a patrolman,

1-22     guard, or watchman if the officer:

1-23                       (A)  is employed in an employee-employer

 2-1     relationship or employed on an individual contractual basis;

 2-2                       (B)  is not in the employ of another peace

 2-3     officer;

 2-4                       (C)  is not a reserve peace officer; and

 2-5                       (D)  works as a peace officer on the average of

 2-6     at least 32 hours a week, is compensated by the state or a

 2-7     political subdivision of the state at the rate of the minimum wage

 2-8     or higher, and is entitled to all employee benefits offered to a

 2-9     peace officer by the state or political subdivision;

2-10                 (4)  a person engaged exclusively in the business of

2-11     obtaining and furnishing information for purposes of credit

2-12     worthiness or collecting debts or ascertaining the financial

2-13     responsibility of applicants for property insurance and for

2-14     indemnity or surety bonds, with respect to persons, firms, and

2-15     corporations;

2-16                 (5)  an attorney-at-law in performing his duties;

2-17                 (6)  admitted insurers, insurance adjusters, agents,

2-18     and insurance brokers licensed by the State, performing duties in

2-19     connection with insurance transacted by them;

2-20                 (7)  a person who engages exclusively in the business

2-21     of repossessing property that is secured by a mortgage or other

2-22     security interest;

2-23                 (8)  a locksmith who does not install or service

2-24     detection devices, does not conduct investigations, and is not a

2-25     security service contractor;

 3-1                 (9)  a person who owns and installs burglar detection

 3-2     or alarm devices on his own property or, if he does not charge for

 3-3     the device or its installation, installs it for the protection of

 3-4     his personal property located on another's property, and does not

 3-5     install the devices as a normal business practice on the property

 3-6     of another;

 3-7                 (10)  an employee of a cattle association who is

 3-8     engaged in inspection of brands of livestock under the authority

 3-9     granted to that cattle association by the Packers and Stockyards

3-10     Division of the United States Department of Agriculture;

3-11                 (11)  the provisions of this Act shall not apply to

3-12     common carriers by rail engaged in interstate commerce and

3-13     regulated by state and federal authorities and transporting

3-14     commodities essential to the national defense and to the general

3-15     welfare and safety of the community;

3-16                 (12)  a registered professional engineer practicing in

3-17     accordance with the provisions of the Texas Engineering Practice

3-18     Act  that does not install or service detection devices, does not

3-19     conduct nonengineering investigations, is performing forensic

3-20     engineering studies, and is not a security services contractor;

3-21                 (13)  a person whose sale of burglar alarm signal

3-22     devices, burglary alarms, television cameras, still cameras, or

3-23     other electrical, mechanical, or electronic devices used for

3-24     preventing or detecting burglary, theft, shoplifting, pilferage, or

3-25     other losses is exclusively over-the-counter or by mail order;

 4-1                 (14)  a person who holds a license or other form of

 4-2     permission issued by an incorporated city or town to practice as an

 4-3     electrician and who installs fire or smoke detectors in no building

 4-4     other than a single family or multifamily residence;

 4-5                 (15)  a person or organization in the business of

 4-6     building construction that installs electrical wiring and devices

 4-7     that may include in part the installation of a burglar alarm or

 4-8     detection device if:

 4-9                       (A)  the person or organization is a party to a

4-10     contract that provides that the installation will be performed

4-11     under the direct supervision of and inspected and certified by a

4-12     person or organization licensed to install and certify such an

4-13     alarm or detection device and that the licensee assumes full

4-14     responsibility for the installation of the alarm or detection

4-15     device; and

4-16                       (B)  the person or organization does not service

4-17     or maintain burglar alarms or detection devices;

4-18                 (16)  a reserve peace officer while the reserve officer

4-19     is performing guard, patrolman, or watchman duties for a county and

4-20     is being compensated solely by that county;

4-21                 (17)  response to a burglar alarm or detection device

4-22     by a law enforcement agency or by a law enforcement officer acting

4-23     in an official capacity;

4-24                 (18)  a person who, by education, experience, or

4-25     background has specialized expertise or knowledge such as that

 5-1     which would qualify or tend to qualify such person as an expert

 5-2     witness, authorized to render opinions in proceedings conducted in

 5-3     a court, administrative agency, or governing body of this state or

 5-4     of the United States, in accordance with applicable rules and

 5-5     regulations and who does not perform any other service for which a

 5-6     license is required by provisions of this Act;

 5-7                 (19)  an officer, employee, or agent of a common

 5-8     carrier, as defined by Section 153(h), Communications Act of 1934

 5-9     (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a

5-10     user of the carrier's long-distance services from a fraudulent,

5-11     unlawful, or abusive use of those long-distance services;

5-12                 (20)  a person who sells or installs automobile burglar

5-13     alarm devices and that does not perform any other act that requires

5-14     a license under this Act;

5-15                 (21)  a manufacturer, or a manufacturer's authorized

5-16     distributor, who sells to the holder of a license under this Act

5-17     equipment used in the operations for which the holder is required

5-18     to be licensed;

5-19                 (22)  a person employed as a noncommissioned security

5-20     officer by a political subdivision of this state;

5-21                 (23)  a person whose activities are regulated under

5-22     Article 5.43-2, Insurance Code, except to the extent that those

5-23     activities are specifically regulated under this Act;

5-24                 (24)  a landman performing activities in the course and

5-25     scope of the landman's business;

 6-1                 (25)  a hospital or a wholly owned subsidiary or

 6-2     affiliate of a hospital that provides medical alert services for

 6-3     persons who are sick or disabled, if the hospital, subsidiary, or

 6-4     affiliate is licensed under Chapter 241, Health and Safety Code,

 6-5     and the hospital does not perform any other service that requires a

 6-6     license under this Act;

 6-7                 (26)  a charitable, nonprofit organization that

 6-8     provides medical alert services for persons who are sick or

 6-9     disabled, if the organization:

6-10                       (A)  is exempt from taxation under Section

6-11     501(c)(3), Internal Revenue Code of 1986;

6-12                       (B)  has its monitoring services provided by a

6-13     licensed person or hospital or a wholly owned subsidiary or

6-14     affiliate of a hospital licensed under Chapter 241, Health and

6-15     Safety Code; and

6-16                       (C)  does not perform any other service that

6-17     requires a license under this Act;

6-18                 (27)  a person engaged in the business of electronic

6-19     monitoring of a person as a condition of that person's probation,

6-20     parole, mandatory supervision, or release on bail, if the person

6-21     does not perform any other service that requires a license under

6-22     this Act;

6-23                 (28)  a nonprofit business or civic organization that:

6-24                       (A)  employs one or more peace officers meeting

6-25     the qualifications of Subdivision (3) of this subsection as

 7-1     patrolmen, guards, or watchmen;

 7-2                       (B)  provides the services of these peace

 7-3     officers only to:

 7-4                             (i)  its members; or

 7-5                             (ii)  if the organization does not have

 7-6     members, the members of the communities served by the organization

 7-7     as described in its articles of incorporation or other

 7-8     organizational documents;

 7-9                       (C)  devotes the net receipts from all charges

7-10     for the services exclusively to the cost of providing the services

7-11     or to the costs of other services for the enhancement of the

7-12     security or safety of:

7-13                             (i)  its members; or

7-14                             (ii)  if the organization does not have

7-15     members, the members of the communities served by the organization

7-16     as described in its articles of incorporation or other

7-17     organizational documents; and

7-18                       (D)  does not perform any other service that

7-19     requires a license under this Act;

7-20                 (29)  a charitable, nonprofit organization that

7-21     maintains a system of records to aid in the location of missing

7-22     children if the organization:

7-23                       (A)  is exempt from federal taxation under

7-24     Section 501(c)(3), Internal Revenue Code of 1986, and its

7-25     subsequent amendments;

 8-1                       (B)  exclusively provides services related to

 8-2     locating missing children; and

 8-3                       (C)  does not perform any other service that

 8-4     requires a license under this Act; [or]

 8-5                 (30)  a person engaged in the business of psychological

 8-6     testing or other testing and interviewing services (to include but

 8-7     not limited to attitudes, honesty, intelligence, personality, and

 8-8     skills) for preemployment purposes, if the person does not perform

 8-9     any other service that requires a license under this Act; or

8-10                 (31)  a person who obtains documents for use in

8-11     litigation by an authorization or subpoena issued for a written or

8-12     oral deposition.

8-13           SECTION 2.  This Act takes effect September 1, 1997.

8-14           SECTION 3.  The importance of this legislation and the

8-15     crowded condition of the calendars in both houses create an

8-16     emergency and an imperative public necessity that the

8-17     constitutional rule requiring bills to be read on three several

8-18     days in each house be suspended, and this rule is hereby suspended.