75R13279 BEM-F
By Fraser S.B. No. 1756
Substitute the following for S.B. No. 1756:
By Driver C.S.S.B. No. 1756
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an exemption from regulation under the Private
1-3 Investigators and Private Security Agencies Act for certain
1-4 nonprofit medical alert service providers, persons obtaining public
1-5 records, and persons obtaining certain documents for use in
1-6 litigation.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 3(a), Private Investigators and Private
1-9 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-10 Statutes), is amended to read as follows:
1-11 (a) This Act does not apply to:
1-12 (1) a person employed exclusively and regularly by one
1-13 employer in connection with the affairs of an employer only and
1-14 where there exists an employer-employee relationship; provided,
1-15 however, any person who shall carry a firearm in the course of his
1-16 employment shall be required to obtain a private security officer
1-17 commission under the provisions of this Act;
1-18 (2) except as provided by Subsection (d) of this
1-19 Section, an officer or employee of the United States of America, or
1-20 of this State or political subdivision of either, while the
1-21 employee or officer is engaged in the performance of official
1-22 duties;
1-23 (3) a person who has full-time employment as a peace
1-24 officer, who receives compensation for private employment on an
2-1 individual or an independent contractor basis as a patrolman,
2-2 guard, or watchman if the officer:
2-3 (A) is employed in an employee-employer
2-4 relationship or employed on an individual contractual basis;
2-5 (B) is not in the employ of another peace
2-6 officer;
2-7 (C) is not a reserve peace officer; and
2-8 (D) works as a peace officer on the average of
2-9 at least 32 hours a week, is compensated by the state or a
2-10 political subdivision of the state at the rate of the minimum wage
2-11 or higher, and is entitled to all employee benefits offered to a
2-12 peace officer by the state or political subdivision;
2-13 (4) a person engaged exclusively in the business of
2-14 obtaining and furnishing information for purposes of credit
2-15 worthiness or collecting debts or ascertaining the financial
2-16 responsibility of applicants for property insurance and for
2-17 indemnity or surety bonds, with respect to persons, firms, and
2-18 corporations;
2-19 (5) an attorney-at-law in performing his duties;
2-20 (6) admitted insurers, insurance adjusters, agents,
2-21 and insurance brokers licensed by the State, performing duties in
2-22 connection with insurance transacted by them;
2-23 (7) a person who engages exclusively in the business
2-24 of repossessing property that is secured by a mortgage or other
2-25 security interest;
2-26 (8) a locksmith who does not install or service
2-27 detection devices, does not conduct investigations, and is not a
3-1 security service contractor;
3-2 (9) a person who owns and installs burglar detection
3-3 or alarm devices on his own property or, if he does not charge for
3-4 the device or its installation, installs it for the protection of
3-5 his personal property located on another's property, and does not
3-6 install the devices as a normal business practice on the property
3-7 of another;
3-8 (10) an employee of a cattle association who is
3-9 engaged in inspection of brands of livestock under the authority
3-10 granted to that cattle association by the Packers and Stockyards
3-11 Division of the United States Department of Agriculture;
3-12 (11) a [the provisions of this Act shall not apply to]
3-13 common carrier [carriers] by rail engaged in interstate commerce
3-14 and regulated by state and federal authorities and transporting
3-15 commodities essential to the national defense and to the general
3-16 welfare and safety of the community;
3-17 (12) a registered professional engineer practicing in
3-18 accordance with the provisions of the Texas Engineering Practice
3-19 Act that does not install or service detection devices, does not
3-20 conduct nonengineering investigations, is performing forensic
3-21 engineering studies, and is not a security services contractor;
3-22 (13) a person whose sale of burglar alarm signal
3-23 devices, burglary alarms, television cameras, still cameras, or
3-24 other electrical, mechanical, or electronic devices used for
3-25 preventing or detecting burglary, theft, shoplifting, pilferage, or
3-26 other losses is exclusively over-the-counter or by mail order;
3-27 (14) a person who holds a license or other form of
4-1 permission issued by an incorporated city or town to practice as an
4-2 electrician and who installs fire or smoke detectors in no building
4-3 other than a single family or multifamily residence;
4-4 (15) a person or organization in the business of
4-5 building construction that installs electrical wiring and devices
4-6 that may include in part the installation of a burglar alarm or
4-7 detection device if:
4-8 (A) the person or organization is a party to a
4-9 contract that provides that the installation will be performed
4-10 under the direct supervision of and inspected and certified by a
4-11 person or organization licensed to install and certify such an
4-12 alarm or detection device and that the licensee assumes full
4-13 responsibility for the installation of the alarm or detection
4-14 device; and
4-15 (B) the person or organization does not service
4-16 or maintain burglar alarms or detection devices;
4-17 (16) a reserve peace officer while the reserve officer
4-18 is performing guard, patrolman, or watchman duties for a county and
4-19 is being compensated solely by that county;
4-20 (17) response to a burglar alarm or detection device
4-21 by a law enforcement agency or by a law enforcement officer acting
4-22 in an official capacity;
4-23 (18) a person who, by education, experience, or
4-24 background has specialized expertise or knowledge such as that
4-25 which would qualify or tend to qualify such person as an expert
4-26 witness, authorized to render opinions in proceedings conducted in
4-27 a court, administrative agency, or governing body of this state or
5-1 of the United States, in accordance with applicable rules and
5-2 regulations and who does not perform any other service for which a
5-3 license is required by provisions of this Act;
5-4 (19) an officer, employee, or agent of a common
5-5 carrier, as defined by Section 153(10) [153(h)], Communications Act
5-6 of 1934 (47 U.S.C.A. Sec. 151 et seq.), while protecting the
5-7 carrier or a user of the carrier's long-distance services from a
5-8 fraudulent, unlawful, or abusive use of those long-distance
5-9 services;
5-10 (20) a person who sells or installs automobile burglar
5-11 alarm devices and that does not perform any other act that requires
5-12 a license under this Act;
5-13 (21) a manufacturer, or a manufacturer's authorized
5-14 distributor, who sells to the holder of a license under this Act
5-15 equipment used in the operations for which the holder is required
5-16 to be licensed;
5-17 (22) a person employed as a noncommissioned security
5-18 officer by a political subdivision of this state;
5-19 (23) a person whose activities are regulated under
5-20 Article 5.43-2, Insurance Code, except to the extent that those
5-21 activities are specifically regulated under this Act;
5-22 (24) a landman performing activities in the course and
5-23 scope of the landman's business;
5-24 (25) a hospital or a wholly owned subsidiary or
5-25 affiliate of a hospital that provides medical alert services for
5-26 persons who are sick or disabled, if the hospital, subsidiary, or
5-27 affiliate is licensed under Chapter 241, Health and Safety Code,
6-1 and the hospital does not perform any other service that requires a
6-2 license under this Act;
6-3 (26) a charitable, nonprofit organization that
6-4 provides medical alert services for persons who are sick or
6-5 disabled, if the organization:
6-6 (A) is exempt from taxation under Section
6-7 501(c)(3), Internal Revenue Code of 1986;
6-8 (B) has its monitoring services provided by a
6-9 licensed person, licensed nurse, licensed physician assistant, or
6-10 hospital or a wholly owned subsidiary or affiliate of a hospital
6-11 licensed under Chapter 241, Health and Safety Code; and
6-12 (C) does not perform any other service that
6-13 requires a license under this Act;
6-14 (27) a person engaged in the business of electronic
6-15 monitoring of a person as a condition of that person's probation,
6-16 parole, mandatory supervision, or release on bail, if the person
6-17 does not perform any other service that requires a license under
6-18 this Act;
6-19 (28) a nonprofit business or civic organization that:
6-20 (A) employs one or more peace officers meeting
6-21 the qualifications of Subdivision (3) of this subsection as
6-22 patrolmen, guards, or watchmen;
6-23 (B) provides the services of these peace
6-24 officers only to:
6-25 (i) its members; or
6-26 (ii) if the organization does not have
6-27 members, the members of the communities served by the organization
7-1 as described in its articles of incorporation or other
7-2 organizational documents;
7-3 (C) devotes the net receipts from all charges
7-4 for the services exclusively to the cost of providing the services
7-5 or to the costs of other services for the enhancement of the
7-6 security or safety of:
7-7 (i) its members; or
7-8 (ii) if the organization does not have
7-9 members, the members of the communities served by the organization
7-10 as described in its articles of incorporation or other
7-11 organizational documents; and
7-12 (D) does not perform any other service that
7-13 requires a license under this Act;
7-14 (29) a charitable, nonprofit organization that
7-15 maintains a system of records to aid in the location of missing
7-16 children if the organization:
7-17 (A) is exempt from federal taxation under
7-18 Section 501(c)(3), Internal Revenue Code of 1986, and its
7-19 subsequent amendments;
7-20 (B) exclusively provides services related to
7-21 locating missing children; and
7-22 (C) does not perform any other service that
7-23 requires a license under this Act; [or]
7-24 (30) a person engaged in the business of psychological
7-25 testing or other testing and interviewing services (to include but
7-26 not limited to attitudes, honesty, intelligence, personality, and
7-27 skills) for preemployment purposes, if the person does not perform
8-1 any other service that requires a license under this Act;
8-2 (31) a person who does not perform any other act that
8-3 requires a license under this Act, and who is engaged in obtaining
8-4 information classified as a public record under Chapter 552,
8-5 Government Code, regardless of whether for compensation, unless the
8-6 person is a full-time employee, as defined by Section 61.001, Labor
8-7 Code, of a person licensed under this Act; or
8-8 (32) a person who obtains a document for use in
8-9 litigation under an authorization or subpoena issued for a written
8-10 or oral deposition.
8-11 SECTION 2. The importance of this legislation and the
8-12 crowded condition of the calendars in both houses create an
8-13 emergency and an imperative public necessity that the
8-14 constitutional rule requiring bills to be read on three several
8-15 days in each house be suspended, and this rule is hereby suspended,
8-16 and that this Act take effect and be in force from and after its
8-17 passage, and it is so enacted.