By Moncrief                                           S.B. No. 1905

         75R9309 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     board's functions to the Commission on Law Enforcement Officer

 1-5     Standards and Education.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Sections 2(1), (15), (16), (18)-(22), (24), (26),

 1-8     (34), and (35), Private Investigators and Private Security Agencies

 1-9     Act (Article 4413(29bb), Vernon's Texas Civil Statutes), are

1-10     amended to read as follows:

1-11                 (1)  "Commission" ["Board"] means the Commission on Law

1-12     Enforcement Officer Standards and Education [Texas Board of Private

1-13     Investigators and Private Security Agencies].

1-14                 (15)  "License" means a permit granted by the

1-15     commission [board] entitling a person to operate as a security

1-16     services contractor or investigations company.

1-17                 (16)  "Branch office license" means a permit granted by

1-18     the commission [board] entitling a person to operate as a security

1-19     services contractor or investigations company at a location other

1-20     than the principal place of business as shown in the commission's

1-21     [board] records.

1-22                 (18)  "Security officer commission" means an

1-23     authorization granted by the commission [board] to an individual

1-24     employed as a security officer to carry a firearm.

 2-1                 (19)  "Commissioned security officer" means any

 2-2     security officer to whom a security officer commission has been

 2-3     issued by the commission [board].

 2-4                 (20)  "Branch office" means an office established or

 2-5     maintained at some place other than the principal place of business

 2-6     as shown in the commission's [board] records and identified to the

 2-7     public as a place from which business is conducted, solicited, or

 2-8     advertised.

 2-9                 (21)  "Registration" means a permit granted by the

2-10     commission [board] to an individual to perform the duties of a

2-11     private investigator, manager, branch office manager, alarm systems

2-12     installer, noncommissioned security officer, private security

2-13     consultant, alarm systems monitor, or security sales person.

2-14                 (22)  "Registrant" means an individual who has filed an

2-15     application with the commission [board] to perform the duties of a

2-16     private investigator, manager, branch office manager, alarm systems

2-17     installer, noncommissioned security officer, private security

2-18     consultant, alarm systems monitor, or security sales person.

2-19                 (24)  "Director" means the executive director of the

2-20     Commission on Law Enforcement Officer Standards and Education

2-21     [Texas Board of Private Investigators and Private Security

2-22     Agencies].

2-23                 (26)  "Letter of authority" means a permit granted by

2-24     the commission [board] entitling the security department of a

2-25     private business or a political subdivision of this state to employ

2-26     commissioned security officers.

2-27                 (34)  "Personal protection authorization" means an

 3-1     authorization granted by the commission [board] to an individual

 3-2     who:

 3-3                       (A)  meets the requirements of Section 14(d) of

 3-4     this Act; and

 3-5                       (B)  has been issued a security officer

 3-6     commission to carry a concealed firearm.

 3-7                 (35)  "Personal protection officer" means an individual

 3-8     who provides personal protection from bodily harm to one or more

 3-9     individuals under a security officer commission and a personal

3-10     protection officer authorization issued by the commission [board].

3-11           SECTION 2.  Sections 3(d) and (e), Private Investigators and

3-12     Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

3-13     Civil Statutes), are amended to read as follows:

3-14           (d)  Although under the provisions of this Act the security

3-15     department of a private business that hires or employs an

3-16     individual in the capacity of a private security officer to possess

3-17     a firearm in the course and scope of his duties is required to make

3-18     application for a security officer commission for the individual

3-19     according to the provisions of this Act, the security department of

3-20     a private business shall not be required to make application to the

3-21     commission [board] for any license under this Act.

3-22           (e)  The provisions of this Act relating to security officer

3-23     commissions apply to a person employed by a political subdivision

3-24     whose duties include serving as a security guard, security

3-25     watchman, or security patrolman on property owned or operated by

3-26     the political subdivision if the governing body of the political

3-27     subdivision files a written request with the commission [board] for

 4-1     the commission [board] to issue a commission to the political

 4-2     subdivision's employees with those duties.  The commission [board]

 4-3     may not charge a fee for commissioning those officers.  The

 4-4     commission [board] shall issue the officer a pocket card

 4-5     designating the political subdivision employing him.  The

 4-6     commission expires when the officer's employment as a security

 4-7     officer by the political subdivision is terminated.  The commission

 4-8     [board] may approve a security officer training program conducted

 4-9     by the political subdivision under the provisions of Section 20 of

4-10     this Act applicable to approval of a private business' training

4-11     program.

4-12           SECTION 3.  Sections 3A(a), (b), and (d), Private

4-13     Investigators and Private Security Agencies Act (Article

4-14     4413(29bb), Vernon's Texas Civil Statutes), are amended to read as

4-15     follows:

4-16           (a)  Except as provided by Subsection (c) of this section,

4-17     the provisions of this Act do not apply to a person who sells

4-18     detection devices or other devices for preventing or detecting

4-19     burglary in a person's residence if:

4-20                 (1)  the person does not install, service, or maintain

4-21     detection devices;

4-22                 (2)  the person holds a valid seller's certificate

4-23     issued by the commission [board];

4-24                 (3)  the person has, as a precedent for obtaining a

4-25     seller's certificate, submitted to the commission [board] an

4-26     application for a seller's certificate which shall include the

4-27     person's full name, residence telephone number, date and place of

 5-1     birth, and Social Security number and two sets of classifiable

 5-2     fingerprints;

 5-3                 (4)  the person has paid to the commission [board] a

 5-4     seller's certificate fee as established by the commission [board],

 5-5     but not to exceed $25, which certificate shall be valid for a

 5-6     period of two years;

 5-7                 (5)  there is filed with the commission [board], either

 5-8     by the manufacturer, distributor, or sellers of such devices, a

 5-9     certificate evidencing insurance for liability for bodily injury or

5-10     property damage arising from faulty or defective products in an

5-11     amount not less than $1 million combined single limit, provided

5-12     that such policy of insurance need not relate exclusively to

5-13     burglary devices;

5-14                 (6)  there has been filed with the commission [board],

5-15     either by the manufacturer, distributor, or sellers of such

5-16     devices, a surety bond executed by a surety company authorized to

5-17     do business in this state in the sum of $10,000 in favor of the

5-18     State of Texas, and any customer purchasing such devices in his

5-19     home who does not receive delivery of the devices in accordance

5-20     with the contract or agreement may bring an action against the bond

5-21     to recover the down payment or purchase price actually paid; and

5-22                 (7)  the person is not employed by a security services

5-23     contractor.

5-24           (b)  The commission [board] shall approve an application for

5-25     a seller's certificate and shall issue such certificate to an

5-26     applicant unless the background check of the applicant discloses a

5-27     felony conviction other than that for which a full pardon has been

 6-1     granted, or if any information provided in the application is

 6-2     false.

 6-3           (d)  Conviction for a violation of this section by a person

 6-4     subject to this section who has obtained a certificate constitutes

 6-5     a ground for the suspension or revocation of the person's seller's

 6-6     exemption certificate.  The commission [board] may suspend or

 6-7     revoke the certificate after a hearing conducted in the manner

 6-8     provided by Section 11B of this Act.

 6-9           SECTION 4.  Sections 3B and 3C, Private Investigators and

6-10     Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

6-11     Civil Statutes), are amended to read as follows:

6-12           Sec. 3B.  COMMISSION [BOARD] INTERPRETATIONS AND OPINIONS.

6-13     The commission  [board] has authority to interpret and issue

6-14     opinions resolving questions raised concerning the eligibility of

6-15     alarm system installations to comply with Section 5.33A of the

6-16     Texas Insurance Code.  Such interpretations or opinions shall be

6-17     conclusive as far as general conditions or individual installations

6-18     are concerned.

6-19           Sec. 3C.  CERTIFICATE OF INSTALLATION.  The commission

6-20     [board] may authorize alarm system companies to issue a certificate

6-21     of installation showing that an installation complies with Article

6-22     5.33A, Texas Insurance Code, in lieu of the inspection required in

6-23     the Insurance Code.  The certificate must be furnished to the

6-24     insurer and the insurer shall determine whether the person's

6-25     property is in compliance with Article 5.33A of the Insurance Code.

6-26     It is the responsibility of the insurer to determine compliance

6-27     taking into consideration the certificate issued by the installer

 7-1     and other investigation as the insurer may determine to be

 7-2     appropriate.

 7-3           SECTION 5.  Section 4, Private Investigators and Private

 7-4     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

 7-5     Statutes), as amended by Chapters 306 and 773, Acts of the 67th

 7-6     Legislature, Regular Session, 1981, is amended to read as follows:

 7-7           Sec. 4.  COMMISSION [CREATION OF BOARD].  (a)  The Commission

 7-8     on Law Enforcement Officer Standards and Education shall [A Texas

 7-9     Board of Private Investigators and Private Security Agencies is

7-10     created to] carry out the functions and duties conferred on it by

7-11     this Act.

7-12           (b)  The executive [position of] director of the Commission

7-13     on Law Enforcement Officer Standards and Education [Texas Board of

7-14     Private Investigators and Private Security Agencies is created.  He

7-15     shall serve as chief administrator of the board.  He shall not be a

7-16     member of the board, but shall be a full-time employee of the

7-17     board, fully compensable in an amount to be determined by the

7-18     Legislature.  The director] shall perform such duties under this

7-19     Act as may be prescribed by the commission [board].  The director

7-20     and the employees of the commission [board] may not have a

7-21     financial or business interest, contingent or otherwise, in any

7-22     security services contractor or investigations company, and may not

7-23     be licensed under this Act.

7-24           (c)  All legal process and all documents required by law to

7-25     be served upon or filed with the commission [board] shall be served

7-26     or filed with the director at the designated office of the

7-27     commission [board].  All official records of the commission [board]

 8-1     or affidavits by the director as to the content of such records

 8-2     shall be prima facie evidence of all matters required to be kept by

 8-3     the commission [board].

 8-4           (d)  [The Texas Board of Private Investigators and Private

 8-5     Security Agencies is subject to Chapter 325, Government Code (Texas

 8-6     Sunset Act).  Unless continued in existence as provided by that

 8-7     chapter, the board is abolished and this Act expires September 1,

 8-8     2003.]

 8-9           [(e)]  Except as provided by Subsection (e) [(f)] of this

8-10     section, all sums of money paid to the commission [board] under

8-11     this Act shall be deposited in [the State Treasury and placed in] a

8-12     special fund to be known as the [Texas Board of] Private

8-13     Investigators and Private Security Agencies Fund and may be used

8-14     only for the administration of this Act.

8-15           (e) [(f)]  The fines collected under this Act shall be

8-16     deposited to the credit of the General Revenue Fund and may not be

8-17     used for the administration of this Act.

8-18           [(e)  Funds paid to the board under this Act shall be

8-19     deposited in the State Treasury to the credit of the General

8-20     Revenue Fund.]

8-21           (f)  The commission [board] is subject to Chapters 551 and

8-22     2001, Government Code [the open meetings law, Chapter 271, Acts of

8-23     the 60th Legislature, Regular Session, 1967, as amended (Article

8-24     6252-17, Vernon's Texas Civil Statutes), and the Administrative

8-25     Procedure and Texas Register Act, as amended (Article 6252-13a,

8-26     Vernon's Texas Civil Statutes)].

8-27           SECTION 6.  Sections 11 and 11A, Private Investigators and

 9-1     Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

 9-2     Civil Statutes), are amended to read as follows:

 9-3           Sec. 11.  RULES OF PROCEDURE AND SEAL.  (a)  The commission

 9-4     [board] shall have the following powers and duties:

 9-5                 (1)  to determine the qualifications of licensees,

 9-6     registrants, and commissioned security officers as provided in this

 9-7     Act;

 9-8                 (2)  to investigate alleged violations of the

 9-9     provisions of this Act and of any rules and regulations adopted by

9-10     the commission [board];

9-11                 (3)  to promulgate all rules and regulations necessary

9-12     in carrying out the provisions of this Act; and

9-13                 (4)  to establish and enforce standards governing the

9-14     safety and conduct of persons licensed, registered, and

9-15     commissioned under the provisions of this Act.

9-16           (b)  [The board shall have a seal, the form of which it shall

9-17     prescribe.]

9-18           [(c)]  The commission [board] shall file annually with the

9-19     governor and the presiding officer of each house of the legislature

9-20     a complete and detailed written report accounting for all funds

9-21     received and disbursed by the commission under this Act [board] in

9-22     the preceding fiscal year.  The form of the annual report and the

9-23     reporting time are as provided in the General Appropriations Act.

9-24           (c) [(d)]  The commission [board] shall recognize, prepare,

9-25     or administer continuing education programs for private

9-26     investigators regulated by the commission [board] under this Act.

9-27     The commission [board] shall set the minimum number of hours that

 10-1    must be completed and the types of programs that may be offered for

 10-2    private investigators regulated by the commission [board].  A

 10-3    private investigator regulated by the commission [board] shall

 10-4    submit evidence of compliance with the commission's [board's]

 10-5    continuing education requirements in a manner prescribed by the

 10-6    commission [board].

 10-7          [(e)  The board shall adopt policies that provide the public

 10-8    with a reasonable opportunity to appear before the board and to

 10-9    speak on any issue under the jurisdiction of the board.]

10-10          Sec. 11A.  SUBPOENAS AND INJUNCTIONS.  (a)  In the conduct of

10-11    any investigation conducted under the provisions of this Act, the

10-12    commission [board] may issue subpoenas to compel the attendance of

10-13    witnesses and the production of pertinent books, accounts, records,

10-14    and documents.  The officer conducting a hearing may administer

10-15    oaths and may require testimony or evidence to be given under oath.

10-16          (b)  No witness is privileged to refuse to testify to any

10-17    fact, or to produce any paper, respecting which he is properly

10-18    examined by the officer conducting the hearing.  Any person called

10-19    upon to testify or to produce papers upon any matter properly under

10-20    inquiry by the commission [board], who refuses to so testify or

10-21    produce papers upon the ground that his testimony or the production

10-22    of papers would incriminate him or tend to incriminate him, shall

10-23    nevertheless be required to testify or to produce papers, but when

10-24    so required under these objections he is not subject to indictment

10-25    or prosecution for any transaction, matter, or thing concerning

10-26    which he truthfully testifies or produces evidence.

10-27          (c)  If a witness refuses to obey a subpoena or to give any

 11-1    evidence relevant to proper inquiry by the commission [board], then

 11-2    the commission [board] may petition a district court of the county

 11-3    in which the hearing is held to compel the witness to obey the

 11-4    subpoena or to give the evidence.  The court shall immediately

 11-5    issue process to the witness and shall hold a hearing on the

 11-6    petition as soon as possible.  If the witness then refuses, without

 11-7    reasonable cause or legal grounds, to be examined or to give any

 11-8    evidence relevant to proper inquiry by the commission [board], the

 11-9    court shall punish the witness for contempt.

11-10          (d)  Investigators employed by the commission [board] are

11-11    authorized to take statements under oath in any investigation of a

11-12    matter covered by this Act.

11-13          (e)  The commission [board] may institute an action in its

11-14    name against a person to enjoin a violation of this Act or a rule

11-15    or regulation of the commission [board].  For the commission

11-16    [board] to sustain the action, the commission [board] does not have

11-17    to allege or prove that an adequate remedy at law does not exist or

11-18    that substantial or irreparable damage would result from the

11-19    continued violation.  The commission [board] may not be required to

11-20    give an appeal bond in any cause arising under this Act.

11-21          (f)  Whenever it appears that any person has violated any of

11-22    the provisions of this Act for which a penalty is imposed under

11-23    Subsection (e), Section 44, of this Act the commission [board] may

11-24    cause a civil suit to be instituted in the state district court in

11-25    Travis County for injunctive relief to restrain such person from

11-26    continuing the violation and for assessment and recovery of the

11-27    civil penalty.

 12-1          SECTION 7.  Sections 11B(a)-(c) and (g), Private

 12-2    Investigators and Private Security Agencies Act (Article

 12-3    4413(29bb), Vernon's Texas Civil Statutes), are amended to read as

 12-4    follows:

 12-5          (a)  The commission [board] shall revoke or suspend any

 12-6    registration, license, or security officer commission, reprimand

 12-7    any registrant, licensee, or commissioned security officer, or deny

 12-8    an application for a registration, license, or security officer

 12-9    commission, or renewal thereof, or may place on probation a person

12-10    whose registration, license, or security officer commission has

12-11    been suspended, on proof:

12-12                (1)  that the applicant, licensee, commissioned

12-13    security officer, or registrant has violated any provisions of this

12-14    Act or of the rules and regulations promulgated under this Act;

12-15                (2)  that the applicant, licensee, commissioned

12-16    security officer, or registrant has committed any act resulting in

12-17    conviction of a felony;

12-18                (3)  that the applicant, licensee, commissioned

12-19    security officer, or registrant has committed an act after the date

12-20    of application for a registration, license, or security officer

12-21    commission that results in a conviction of a misdemeanor involving

12-22    moral turpitude;

12-23                (4)  that the applicant, licensee, commissioned

12-24    security officer, or registrant has practiced fraud, deceit, or

12-25    misrepresentation;

12-26                (5)  that the applicant, licensee, commissioned

12-27    security officer, or registrant has made a material misstatement in

 13-1    the application for or renewal of a license, registration, or

 13-2    security officer commission; or

 13-3                (6)  that the licensee of the commissioned security

 13-4    officer or registrant has submitted to the commission [board]

 13-5    sufficient evidence that a commissioned security officer or

 13-6    registrant, while in the employ of the licensee, practiced fraud or

 13-7    deceit, or committed theft while performing work as a commissioned

 13-8    security officer or registrant.

 13-9          (b)  Subject to Section 11D of this Act, the commission

13-10    [board] may summarily suspend a registration or security officer

13-11    commission issued to an individual under this Act on receiving

13-12    written notification from the Department of Public Safety of the

13-13    State of Texas or any other law enforcement agency that the

13-14    individual has been arrested for or charged with a misdemeanor

13-15    involving moral turpitude or a felony.

13-16          (c)  Subject to Section 11D of this Act, the commission

13-17    [board] may summarily deny an application for registration or for a

13-18    security officer commission of an individual on receiving written

13-19    notification from the Department of Public Safety of the State of

13-20    Texas or any other law enforcement agency that the individual has

13-21    been arrested for or charged with a misdemeanor involving moral

13-22    turpitude or a felony.

13-23          (g)  If the commission [board] is authorized to suspend a

13-24    license under this Act, the commission [board] may give the

13-25    licensee the opportunity to pay a civil penalty rather than have

13-26    the license suspended.  The amount of the civil penalty may not be

13-27    more than $200 for each day the license was to have been suspended.

 14-1    If the licensee does not pay the penalty before the sixth day after

 14-2    the commission [board] notifies him of the amount, he loses the

 14-3    opportunity to pay it and the commission [board] shall impose the

 14-4    suspension.

 14-5          SECTION 8.  Section 11C, Private Investigators and Private

 14-6    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

 14-7    Statutes), is amended to read as follows:

 14-8          Sec. 11C.  MANDATORY REVOCATION.  The commission [board]

 14-9    shall revoke any registration, license, or security officer

14-10    commission, or deny an application for or renewal of a

14-11    registration, license, or security officer commission on proof that

14-12    the applicant, licensee, commissioned security officer, registrant,

14-13    or an agent of the applicant, licensee, commissioned security

14-14    officer, or registrant has, after the date of application for a

14-15    registration, license, or security officer commission, abducted or

14-16    attempted to abduct by force or the threat of force or by

14-17    misrepresentation, stealth, or unlawful entry a child who at the

14-18    time of the abduction or attempt is under the care and control of a

14-19    person who has custody or physical possession of the child under a

14-20    court order or is under the care and control of another person who

14-21    is exercising the care and control with the consent of a person who

14-22    has custody or physical possession of the child under a court

14-23    order.

14-24          SECTION 9.  Sections 11D(a), (c), and (d), Private

14-25    Investigators and Private Security Agencies Act (Article

14-26    4413(29bb), Vernon's Texas Civil Statutes), are amended to read as

14-27    follows:

 15-1          (a)  The commission [board] may summarily suspend a

 15-2    registration or security officer commission or summarily deny an

 15-3    application under Section 11B of this Act if the individual whose

 15-4    registration or commission was summarily suspended or whose

 15-5    application was summarily denied is informed of the right to a

 15-6    preliminary hearing before the commission [board].

 15-7          (c)  A final hearing may be scheduled at a time after the

 15-8    final resolution of the matters resulting in the summary suspension

 15-9    or summary denial.  Chapter 2001, Government Code (Administrative

15-10    Procedure Act), does not apply to the commission [board] in the

15-11    administration and enforcement of the summary suspension of a

15-12    registration or commission or the summary denial of an application

15-13    under this section.  The rules governing a hearing on any other

15-14    suspension or denial under this Act govern a final administrative

15-15    hearing under this section.

15-16          (d)  To initiate a proceeding to summarily suspend a

15-17    registration or commission or to summarily deny an application, the

15-18    commission [board] must serve notice to the individual informing

15-19    the individual of the right to a preliminary hearing before the

15-20    commission [board].  The notice must be personally served on the

15-21    individual or sent by certified or registered mail, return receipt

15-22    requested, to the individual's mailing address as it appears in the

15-23    commission's [board's] records.  The notice must state the alleged

15-24    violations that constitute grounds for summary suspension.  The

15-25    suspension is effective at the time notice is served.  If notice is

15-26    served in person, the individual shall immediately surrender to the

15-27    commission [board] the registration, commission, pocket card, or

 16-1    other identification issued by the commission [board].  If notice

 16-2    is served by mail, the individual shall immediately return to the

 16-3    commission [board] the registration, commission, pocket card, or

 16-4    other identification issued by the commission [board].

 16-5          SECTION 10.  Section 13(c), Private Investigators and Private

 16-6    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

 16-7    Statutes), is amended to read as follows:

 16-8          (c)  It shall be unlawful and punishable as provided in

 16-9    Section 44 of this Act for any individual to make application to

16-10    the commission [board] as manager or to serve as manager of an

16-11    investigations company, guard company, alarm systems company,

16-12    armored car company, courier company, or guard dog company unless

16-13    the individual intends to maintain and maintains that supervisory

16-14    position on a daily basis for the company.

16-15          SECTION 11.  Sections 14(b)-(d), (f), and (g), Private

16-16    Investigators and Private Security Agencies Act (Article

16-17    4413(29bb), Vernon's Texas Civil Statutes), are amended to read as

16-18    follows:

16-19          (b)  An applicant who applies for a license to engage in the

16-20    business of an investigations company or his manager shall have

16-21    three (3) years consecutive experience prior to the date of said

16-22    application in the investigative field, as an employee, manager, or

16-23    owner of an investigations company or other requirements as shall

16-24    be set by the commission [board].  The experience of the applicant

16-25    must be reviewed by the commission [board] or by the director, and

16-26    determined to be adequate to qualify the applicant to engage in the

16-27    business of an investigations company.

 17-1          (c)  An applicant who applies for a license to engage in the

 17-2    business of a security services contractor or his manager shall

 17-3    have two (2) consecutive years experience prior to the date of said

 17-4    application in each security services field for which he applies,

 17-5    as an employee, manager, or owner of a security services contractor

 17-6    or other requirements as shall be set by the commission [board].

 17-7    The experience of the applicant must have been obtained legally and

 17-8    must be reviewed by the commission [board] or by the director and

 17-9    determined to be adequate to qualify the applicant to engage in the

17-10    business of a security services contractor.

17-11          (d)  An applicant for a personal protection authorization:

17-12                (1)  shall submit a written application for a personal

17-13    protection authorization on a form prescribed by the commission

17-14    [board];

17-15                (2)  shall submit a current certificate of completion

17-16    of the basic security officer training course;

17-17                (3)  shall provide proof that the applicant has been

17-18    issued a security officer commission by the commission [board];

17-19                (4)  shall provide proof that the applicant is

17-20    currently employed by an investigations company or guard company

17-21    licensed by the commission [board];

17-22                (5)  shall provide proof of completion and the results

17-23    of the Minnesota Multiphasic Personality Inventory psychological

17-24    testing as required by commission [board] rule;

17-25                (6)  shall provide proof of training in nonlethal

17-26    self-defense or defense of a third person; and

17-27                (7)  must be at least 21 years of age.

 18-1          (f)  The commission [board] shall establish a 15-hour course

 18-2    for a personal protection officer consisting of training in

 18-3    nonlethal self-defense or the defense of a third person.  This

 18-4    training is in addition to the required basic security officer

 18-5    training course.

 18-6          (g)  The commission [board] by rule shall require an

 18-7    applicant for a personal protection officer authorization to

 18-8    complete the Minnesota Multiphasic Personality Inventory test.  The

 18-9    commission [board] may use the results of the test to evaluate the

18-10    psychological fitness of the applicant.

18-11          SECTION 12.  Section 14A, 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          Sec. 14A.  GUARD DOG COMPANIES.  (a)  After consulting the

18-15    Texas Department of Health, the commission [board] shall adopt

18-16    rules to ensure that the areas in which a guard dog company houses,

18-17    exercises, or trains its animals are securely enclosed by six-foot

18-18    chain link fences or other means of equal security.

18-19          (b)  In addition to the qualifications required under Section

18-20    14 of this Act, an applicant for a license to engage in the

18-21    business of a guard dog company must present evidence  satisfactory

18-22    to the commission [board] that the applicant will comply with the

18-23    rules adopted under this section.

18-24          (c)  The commission [board] shall conduct regular inspections

18-25    to ensure compliance with the rules adopted under this section.

18-26          SECTION 13.  Sections 15(a) and (c)-(f), Private

18-27    Investigators and Private Security Agencies Act (Article

 19-1    4413(29bb), Vernon's Texas Civil Statutes), are amended to read as

 19-2    follows:

 19-3          (a)  An application for a license under this Act shall be in

 19-4    the form prescribed by the commission [board].  The application

 19-5    shall include:

 19-6                (1)  the full name and business address of the

 19-7    applicant;

 19-8                (2)  the name under which the applicant intends to do

 19-9    business;

19-10                (3)  a statement as to the general nature of the

19-11    business in which the applicant intends to engage;

19-12                (4)  a statement as to the classification under which

19-13    the applicant desires to be qualified;

19-14                (5)  the full name and residence address of each of its

19-15    partners, officers, and directors, and its manager, if the

19-16    applicant is an entity other than an individual;

19-17                (6)  one classifiable set of fingerprints of the

19-18    applicant, if the applicant is an individual, or of each officer

19-19    and of each partner or shareholder who owns a 25 percent or greater

19-20    interest in the applicant, if the applicant is an entity;

19-21                (7)  a verified statement of his experience

19-22    qualifications in the particular field of classification in which

19-23    he is applying;

19-24                (8)  a letter from the police department and a letter

19-25    from the sheriff's department of the city and county wherein the

19-26    applicant resides concerning the character of the applicant and

19-27    containing any objection or recommendation as to his application;

 20-1    and a letter from the Texas Department of Public Safety setting

 20-2    forth the record of any convictions of any applicant for a felony

 20-3    or a crime involving moral turpitude; and

 20-4                (9)  any other information, evidence, statements, or

 20-5    documents as may be required by the commission [board].

 20-6          (c)  The commission [board] may require an applicant or his

 20-7    manager to demonstrate qualifications in his field of

 20-8    classification by an examination to be determined by the commission

 20-9    [board].

20-10          (d)  Payment of the application fee prescribed by this Act

20-11    entitles the applicant or his manager to one examination without

20-12    further charge.  If the person fails to pass the examination, he

20-13    shall not be eligible for any subsequent examination except upon

20-14    payment of the reexamination fee which shall be set by the

20-15    commission [board] in an amount not in excess of the renewal fee

20-16    for the license classification for which license application was

20-17    originally made.

20-18          (e)  Within 30 days after the day on which a licensing

20-19    examination is administered under this Act, the commission [board]

20-20    shall notify each examinee of the results of the examination.

20-21    However, if an examination is graded or reviewed by a national

20-22    testing service, the commission [board] shall notify each examinee

20-23    of the results of the examination within two weeks after the day

20-24    that the commission [board] receives the results from the testing

20-25    service.   If the notice of the examination results will be delayed

20-26    for longer than 90 days after the  examination date, the commission

20-27    [board] shall notify the  examinee of the reason for the delay

 21-1    before the 90th day.

 21-2          (f)  If requested in writing by a person who fails the

 21-3    licensing examination administered under this Act, the commission

 21-4    [board] shall furnish the person with an analysis of the person's

 21-5    performance on the examination.

 21-6          SECTION 14.  Section 16(d), Private Investigators and Private

 21-7    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

 21-8    Statutes), is amended to read as follows:

 21-9          (d)  A Class A, B, or C license does not authorize the

21-10    licensee to perform any services for which he has not qualified.

21-11    The commission [board] shall indicate on the license which services

21-12    the licensee is authorized to perform, and the licensee may not

21-13    perform any service not indicated on the license.

21-14          SECTION 15.  Section 17, Private Investigators and Private

21-15    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

21-16    Statutes), is amended to read as follows:

21-17          Sec. 17.  FEES.  (a)  If the General Appropriations Act does

21-18    not specify the amount of the fee, the commission [board] by rule

21-19    shall establish reasonable and necessary fees that produce funds

21-20    sufficient for the administration of this Act but that do not

21-21    produce unnecessary fund balances and do not exceed the following

21-22    amounts:

21-23          Class A license                                          $225

21-24           (original and renewal)

21-25          Class B license                                           225

21-26           (original and renewal)

21-27          Class C license                                           340

 22-1           (original and renewal)

 22-2          Reinstate suspended license                               150

 22-3          Assignment of license                                     150

 22-4          Change name of license                                     75

 22-5          Delinquency fee                                         _____

 22-6          Branch office certificate and renewal                     150

 22-7          Registration fee for private investigators,                20

 22-8            managers, branch office managers, and alarm                

 22-9            systems installers 

22-10           (original and renewal)

22-11          Registration fee for noncommissioned                       35

22-12           security officer

22-13          Registration fee for security sales person                 20

22-14          Registration fee for alarm systems monitor                 20

22-15          Registration fee for dog trainer                           20

22-16          Registration fee for owner, officer, partner, or           20

22-17            shareholder of a licensee

22-18          Registration fee for security consultants                  55

22-19          Security officer commission fee                            35

22-20           (original and renewal)

22-21          School instructor fee                                     100

22-22           (original and renewal)

22-23          School approval fee                                       250

22-24           (original and renewal)

22-25          Letter of authority fee for private businesses and        225

22-26            political subdivisions

22-27           (original and renewal)

 23-1          FBI fingerprint check                                      25

 23-2          Duplicate pocket card                                      10

 23-3          Employee information update fee                            15

 23-4          Burglar alarm sellers renewal fee                          25

 23-5          Personal protection authorization                          50

 23-6          (b)  The financial transactions of the commission under this

 23-7    Act [board] are subject to audit by the state auditor in accordance

 23-8    with Chapter 321, Government Code.

 23-9          (c)  In addition to other fees established under this Act,

23-10    the commission [board] may charge a fee each time the commission

23-11    [board] requires a person regulated under this Act to resubmit a

23-12    set of fingerprints for processing by the commission [board] during

23-13    the application process for a license, registration, or commission

23-14    issued under this Act.  The commission [board] shall set the fee in

23-15    an amount that is reasonable and necessary to cover its

23-16    administrative expenses related to processing the set of

23-17    fingerprints.

23-18          (d)  A Class A, Class B, or Class C license is valid for one

23-19    year from the date of issuance.  Registration as a private

23-20    investigator, manager, branch office manager, alarm systems

23-21    installer, security consultant, security sales person, alarm

23-22    systems monitor, or dog trainer is valid for two years from the

23-23    date of registration, except that an initial registration as an

23-24    alarm systems installer or security sales person is valid for one

23-25    year from the date of registration if the commission [board]

23-26    requires registrants to be trained or tested pursuant to Section

23-27    32(f) of this Act.  Registration as an owner, officer, partner, or

 24-1    shareholder of a licensee is valid for two years from the date of

 24-2    registration.  Registration as a noncommissioned security officer

 24-3    is valid for four years from the date of registration.  A letter of

 24-4    authority, or a school approval or school instructor approval

 24-5    letter issued by the commission [board], is valid for one year from

 24-6    the date of issuance.  Other licenses or registrations issued under

 24-7    this Act are valid for the period specified by this Act or by

 24-8    commission [board] rule.

 24-9          SECTION 16.  Sections 18(b)-(d), Private Investigators and

24-10    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

24-11    Civil Statutes), are amended to read as follows:

24-12          (b)  No person shall act as a manager of a licensee until he

24-13    has complied with each of the following:

24-14                (1)  demonstrated his qualifications by a written

24-15    examination;

24-16                (2)  made a satisfactory showing to the commission

24-17    [board] that he has the qualifications prescribed by Section 14 of

24-18    this Act, and that none of the facts stated in Subsection (a),

24-19    Section 11B, of this Act exist as to him.

24-20          (c)  If the manager, who has qualified as provided in this

24-21    section, ceases to be manager for any reason whatsoever, the

24-22    licensee shall notify the commission [board] in writing within 14

24-23    days from such cessation.  If notice is given, the license shall

24-24    remain in force for a reasonable length of time to be determined by

24-25    the rules of the commission [board] pending the qualifications as

24-26    provided in this Act, of another manager.  If the licensee fails to

24-27    notify the commission [board] within the 14-day period, his license

 25-1    shall be subject to suspension or revocation.

 25-2          (d)  When the individual on the basis of whose qualifications

 25-3    a license under this Act has been obtained ceases to be connected

 25-4    with the licensee for any reason whatsoever, the business may be

 25-5    carried on for such temporary period and under such terms and

 25-6    conditions as the commission [board] shall provide by regulation.

 25-7          SECTION 17.  Sections 19(a)-(e), (g)-(j), and (l), Private

 25-8    Investigators and Private Security Agencies Act (Article

 25-9    4413(29bb), Vernon's Texas Civil Statutes), are amended to read as

25-10    follows:

25-11          (a)  It is unlawful and punishable as provided in Section 44

25-12    of this Act:

25-13                (1)  for an individual employed as a security officer

25-14    to knowingly carry a firearm during the course of performing his

25-15    duties as a security officer if the commission [board] has not

25-16    issued him a security officer commission under this section;

25-17                (2)  for any person to hire or employ an individual or

25-18    for any individual to accept employment in the capacity of a

25-19    security officer to carry a firearm in the course and scope of his

25-20    duties unless the security officer is issued a security officer

25-21    commission by the commission [board];

25-22                (3)  for a commissioned security officer to carry a

25-23    firearm unless:

25-24                      (A)  he is engaged in the performance of his

25-25    duties as a security officer or is engaged in traveling directly to

25-26    or from his place of assignment;

25-27                      (B)  he wears a distinctive uniform indicating

 26-1    that he is a security officer; and

 26-2                      (C)  the firearm is in plain view; or

 26-3                (4)  for a personal protection officer to carry a

 26-4    concealed firearm unless the officer:

 26-5                      (A)  is engaged in the exclusive performance of

 26-6    the officer's duties as a personal protection officer for the

 26-7    employer under whom the officer's personal protection authorization

 26-8    was issued; and

 26-9                      (B)  carries the officer's security officer

26-10    commission and personal protection authorization on the officer's

26-11    person while performing the officer's duties as a personal

26-12    protection officer and presents the commission and authorization on

26-13    request.

26-14          (b)  The commission [board], with the concurrence of the

26-15    Texas Department of Public Safety, may issue a security officer

26-16    commission to an individual employed as a uniformed security

26-17    officer provided the geographical scope of the security officer

26-18    commission is restricted to one named county in the State of Texas

26-19    and all counties contiguous to the named county, except as allowed

26-20    in Subsection (c) of this section.

26-21          (c)  The commission [board], with the concurrence of the

26-22    Texas Department of Public Safety, may issue a security officer

26-23    commission that is broader in geographical scope within the State

26-24    of Texas than that specified in Subsection (b) of this section if

26-25    the broader scope is shown to be in the public interest and

26-26    necessary to the performance of the duties of the security

26-27    officer.

 27-1          (d)  The commission [board], with the concurrence of the

 27-2    Texas Department of Public Safety, shall issue a security officer

 27-3    commission to a qualified employee of an armored car company that

 27-4    is a carrier that has a permit from the proper federal or state

 27-5    regulatory authority to conduct the armored car business in

 27-6    accordance with the permit or certificate.  A security officer

 27-7    commission issued to an employee of an armored car company shall

 27-8    be broad enough in its geographical scope to cover the county or

 27-9    counties in this state in which the armored car company has a

27-10    permit or certificate to conduct its business.

27-11          (e)  The employer of a security officer who applies for a

27-12    security officer commission must submit an application to the

27-13    commission [board] on a form provided by the commission [board].  A

27-14    security department of a private business or of a political

27-15    subdivision of this state that applies for a security officer

27-16    commission for a person employed by the department must submit an

27-17    application to the commission [board] for a letter of authority on

27-18    a form provided by the commission [board].

27-19          (g)  The commission [board] shall send a copy of each

27-20    application for a security officer commission to the Texas

27-21    Department of Public Safety and to the sheriff of the county and

27-22    the chief of police of the principal city of the county in which

27-23    the applicant resides.  A sheriff or chief of police who wishes to

27-24    object to the issuance of a security officer commission to a

27-25    particular applicant may do so by mailing or otherwise delivering a

27-26    written statement of his objection and his reasons to the

27-27    commission [board].

 28-1          (h)  If the commission [board] decides to issue a security

 28-2    officer commission over the objections of a sheriff or chief of

 28-3    police, it shall mail a notice of its decision to the objecting

 28-4    officer and give him an opportunity to request a hearing before the

 28-5    commission [board] to contest the commission's [board's] decision.

 28-6    If the objecting officer files a request for a hearing within 30

 28-7    days after the date the notice was mailed to him, the commission

 28-8    [board] shall set the matter for a hearing.  The commission [board]

 28-9    may not issue a security officer commission over the objection of a

28-10    sheriff or chief of police unless it finds at the hearing that

28-11    there is good cause to issue the commission over the objection or,

28-12    if no hearing is requested, until the time for requesting a hearing

28-13    has passed.

28-14          (i)  Each security officer commission issued under this

28-15    section shall be in the form of a pocket card designed by the

28-16    commission [board], and shall identify the security officer.  A

28-17    security officer commission expires two years after the date it is

28-18    issued.

28-19          (j)  If the holder of the security officer commission

28-20    terminates his employment, his employer must notify the commission

28-21    [board] within 14 days of the date of termination of the

28-22    employment.

28-23          (l)  The holder of a security officer commission who

28-24    terminates his employment with one employer may transfer his

28-25    security officer commission to a new employer if, not later than

28-26    the 10th day after the date on which the holder begins new

28-27    employment, the new employer notifies the commission [board] of the

 29-1    transfer of employment on a form prescribed by the commission

 29-2    [board], accompanied by the employee information update fee.

 29-3          SECTION 18.  Sections 20, 21, and 23-26, Private

 29-4    Investigators and Private Security Agencies Act (Article

 29-5    4413(29bb), Vernon's Texas Civil Statutes), are amended to read as

 29-6    follows:

 29-7          Sec. 20.  TRAINING PROGRAMS.  (a)  The commission [board]

 29-8    shall establish a basic training course for security officers.  The

 29-9    course must be offered and taught by schools and instructors

29-10    approved by the commission [board].  To receive commission [board]

29-11    approval, a school or an instructor must submit an application to

29-12    the commission [board] on a form provided by the commission

29-13    [board].

29-14          (b)  The basic training course approved by the commission

29-15    [board] shall consist of a minimum of 30 hours and shall include:

29-16                (1)  legal limitations on the use of firearms and on

29-17    the powers and authority of a security officer;

29-18                (2)  familiarity with this Act;

29-19                (3)  field note taking and report writing;

29-20                (4)  range firing and procedure, and firearms safety

29-21    and maintenance; and

29-22                (5)  any other topics of security officer training

29-23    curriculum which the commission [board] deems necessary.

29-24          (c)  The commission [board] shall develop a commissioned

29-25    security officer training manual to be used in the instructing and

29-26    training of commissioned security officers.

29-27          (d)  The commission [board] shall promulgate all rules

 30-1    necessary to administer the provisions of this section concerning

 30-2    the training requirements of this Act.

 30-3          (e)  The commission [board] may not issue a security officer

 30-4    commission to an applicant employed by a licensee unless the

 30-5    applicant submits evidence satisfactory to the commission [board]

 30-6    that:

 30-7                (1)  he has completed the basic training course at a

 30-8    school or under an instructor approved by the commission [board];

 30-9                (2)  he meets all qualifications established by this

30-10    Act and by the rules of the commission [board];

30-11                (3)  he has satisfied his firearm training instructor

30-12    that he has attained with a handgun a minimum average marksmanship

30-13    competency of 160 out of 300 on an "Army L" target or a minimum of

30-14    80 out of 150 on an F.B.I. Silhouette target (N.R.A. B-27), at 50

30-15    feet with 10 shots slow fire, 10 shots time fire and 10 shots

30-16    double-action or complies with the standards of marksmanship set by

30-17    the commission [board];

30-18                (4)  he has satisfied his firearm training instructor

30-19    that he has complied with the standards of marksmanship set by the

30-20    commission [board] for minimum marksmanship competency with a

30-21    shotgun.

30-22          (f)  In addition to the requirements of Subsection (e) of

30-23    this section, the commission [board] by rules and regulations shall

30-24    establish other qualifications for persons who are employed in

30-25    positions requiring the carrying of firearms. These qualifications

30-26    may include physical and mental standards, standards of good moral

30-27    character, and other requirements that relate to the competency and

 31-1    reliability of individuals to carry firearms.  The commission

 31-2    [board] shall prescribe appropriate forms and rules and regulations

 31-3    by which evidence that the requirements are fulfilled is presented.

 31-4    The commission [board] shall require commissioned security officers

 31-5    and applicants for security officer commissions to demonstrate

 31-6    proficiency in the use of firearms to the satisfaction of a firearm

 31-7    training instructor who is employed by a commission [board]

 31-8    approved training school.  An applicant for a security officer

 31-9    commission must demonstrate proficiency not earlier than the 90th

31-10    day before the date on which the security officer commission is to

31-11    be issued.  A commissioned security officer must demonstrate

31-12    proficiency not earlier than the 90th day before the date on which

31-13    the commission is to be renewed.  The records of this proficiency

31-14    shall be maintained by the school and available for inspection by

31-15    the commission [board].

31-16          (g)  The commission [board] shall prescribe appropriate rules

31-17    and regulations for the maintenance of records relating to persons

31-18    issued security officer commissions by the commission [board].

31-19          Sec. 21.  FORM OF LICENSES.  A license or a branch office

31-20    license, when issued, shall be in the form prescribed by the

31-21    commission [board], and shall include:

31-22                (1)  the name of the licensee;

31-23                (2)  the name under which the licensee is to operate;

31-24    and

31-25                (3)  the number and date of the license.

31-26          Sec. 23.  CHANGE OF ADDRESS AND NEW OFFICERS.  Notification

31-27    to the commission [board] shall be made within 14 days after the

 32-1    change of address of the principal place of business of a licensee,

 32-2    the change of address of a branch office, or the change of a

 32-3    business name under which a licensee does business.  A licensee

 32-4    shall within 14 days after such change, notify the commission

 32-5    [board] of any and all changes of his address, of the name under

 32-6    which he does business and of any changes in its officers or

 32-7    partners.

 32-8          Sec. 24.  LICENSE NOT ASSIGNABLE.  A license issued under

 32-9    this Act is not assignable unless the assignment is approved in

32-10    advance by the commission [board].

32-11          Sec. 25.  TERMINATION OF LICENSE.  The commission [board]

32-12    shall prescribe by rule the procedure under which a license issued

32-13    under this Act may be terminated.

32-14          Sec. 26.  NOTICE TO LOCAL OFFICIALS.  Notice of the issuance,

32-15    revocation, reinstatement, or expiration of every license,

32-16    commission, or registration card issued by the commission [board]

32-17    shall be furnished to the sheriff of the county and the chief of

32-18    police of the principal city of the county in which every person

32-19    regulated under this Act resides.

32-20          SECTION 19.  Section 28(e), Private Investigators and Private

32-21    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

32-22    Statutes), is amended to read as follows:

32-23          (e)  Information that is contained in alarm systems records

32-24    held by a governmental body and that concerns the location of an

32-25    alarm system, the name of the occupant of an alarm system location,

32-26    or the type of alarm system used is confidential and may be

32-27    disclosed only to the commission [board] or as otherwise required

 33-1    by state law or court order.

 33-2          SECTION 20.  Sections 29-31, Private Investigators and

 33-3    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

 33-4    Civil Statutes), are amended to read as follows:

 33-5          Sec. 29.  EMPLOYEE RECORDS.  (a)  Each licensee shall

 33-6    maintain a record containing such information relative to his

 33-7    employees as may be prescribed by the commission [board].

 33-8          (b)  Each licensee shall maintain on file for commission

 33-9    [board] inspection at the licensee's principal place of business or

33-10    branch office two (2) recent color photographs of a type prescribed

33-11    by the commission [board] of each applicant, registrant,

33-12    commissioned security officer, and employee of the licensee.

33-13          Sec. 30.  ADVERTISEMENTS.  (a)  An advertisement by a

33-14    licensee soliciting or advertising business shall contain the

33-15    company name and address as they appear in the records of the

33-16    commission [board].

33-17          (b)  The commission [board] may not adopt rules restricting

33-18    competitive bidding or advertising by a person regulated by the

33-19    commission [board] except to prohibit false, misleading, or

33-20    deceptive practices by the person.  The commission [board] may not

33-21    include in its rules to prohibit false, misleading, or deceptive

33-22    practices by a person regulated by the commission [board] a rule

33-23    that:

33-24                (1)  restricts the person's use of any medium for

33-25    advertising;

33-26                (2)  restricts the person's personal appearance or use

33-27    of his personal voice in an advertisement;

 34-1                (3)  relates to the size or duration of an

 34-2    advertisement by the person; or

 34-3                (4)  restricts the person's advertisement under a trade

 34-4    name.

 34-5          Sec. 31.  BRANCH OFFICES.  (a)  Each licensee shall file in

 34-6    writing with the commission [board] the address of each branch

 34-7    office, and within 14 days after the establishment, closing, or

 34-8    changing of location of a branch office shall notify the commission

 34-9    [board] in writing of such fact.

34-10          (b)  Upon application of a licensee the commission [board]

34-11    shall issue a branch office license.

34-12          SECTION 21.  Sections 32(a) and (c)-(g), Private

34-13    Investigators and Private Security Agencies Act (Article

34-14    4413(29bb), Vernon's Texas Civil Statutes), are amended to read as

34-15    follows:

34-16          (a)  An individual who is employed as a private investigator,

34-17    manager, branch office manager, alarm systems installer,

34-18    noncommissioned security officer, private security consultant,

34-19    security sales person, alarm systems monitor, or dog trainer, or

34-20    who is an owner, officer, partner, or shareholder of a licensee,

34-21    must register with the commission [board] as provided by commission

34-22    [board] rule.

34-23          (c)  An employee of a licensee who is employed in a capacity

34-24    that is not subject to mandatory registration under this section

34-25    may register with the commission [board] on a voluntary basis.

34-26          (d)  The commission [board] may promulgate by rule any

34-27    additional qualifications of an individual registered under this

 35-1    section.

 35-2          (e)  A person who hires a noncommissioned security officer

 35-3    must conduct a pre-employment check as prescribed by commission

 35-4    [board] rule.

 35-5          (f)(1)  The commission [board] may require that, except as

 35-6    provided in Subdivision (3), a person who is employed as an alarm

 35-7    systems installer or security sales person must hold a current

 35-8    certification by a training program approved by the commission

 35-9    [board] in order to renew his initial registration.  The commission

35-10    [board] may only approve nationally recognized training programs

35-11    that consist of at least 20 hours of classroom study in the areas

35-12    of work allowed by the registration.  To be approved, a training

35-13    program must offer at least two certification programs each year,

35-14    sufficient to complete the requirements of this paragraph, within

35-15    100 miles of each county in the state that has a population in

35-16    excess of 500,000 people according to the last decennial census.

35-17                (2)  The commission [board] may require that persons

35-18    that have completed a training program pursuant to Subdivision (1)

35-19    must successfully complete an examination given by the commission

35-20    [board] or by a person or organization approved by the commission

35-21    [board].  It shall be permissible for the commission [board] to

35-22    approve examinations in conjunction with training programs approved

35-23    pursuant to Subdivision (1).  The examination shall demonstrate the

35-24    employee's qualifications to perform the duties allowed by the

35-25    employee's registration.

35-26                (3)  A person that holds a valid registration on

35-27    September 30, 1993, shall not have to comply with the provisions of

 36-1    Subdivisions (1) and (2), if training and testing is required by

 36-2    the commission [board], for so long as he maintains his

 36-3    registration with his current licensee.

 36-4          (g)  If the commission [board] requires certification or

 36-5    examination under Subsection (f) of this section, the commission

 36-6    [board] shall implement rules to require persons who are employed

 36-7    as alarm systems installers or security sales persons to obtain

 36-8    continuing education credits related to the line of work for which

 36-9    they are licensed in order to renew each registration subsequent to

36-10    the renewal of their initial registration.  If the commission

36-11    [board] requires such continuing education, the executive director

36-12    shall approve classes offered by nationally recognized

36-13    organizations, and participants in such classes shall qualify

36-14    according to rules adopted by the commission [board].

36-15          SECTION 22.  Sections 33(a), (c), and (d), Private

36-16    Investigators and Private Security Agencies Act (Article

36-17    4413(29bb), Vernon's Texas Civil Statutes), are amended to read as

36-18    follows:

36-19          (a)  The application for registration must be verified and

36-20    must include:

36-21                (1)  the full name, residence address, residence

36-22    telephone number, date and place of birth, and the Social Security

36-23    number of the applicant;

36-24                (2)  a statement listing any and all names used by the

36-25    applicant, other than the name by which he is currently known,

36-26    together with an explanation setting forth the place or places

36-27    where each name was used, the date or dates of each use, and a full

 37-1    explanation of the reasons why each such name was used.  If the

 37-2    applicant has never used a name other than that by which he is

 37-3    currently known, this fact must be set forth in the statement;

 37-4                (3)  the name and address of the applicant's employer

 37-5    and applicant's consulting firm, the date the employment commenced,

 37-6    and a letter from the licensee requesting that the applicant be

 37-7    registered;

 37-8                (4)  the title of the position occupied by the

 37-9    applicant and a description of his duties; and

37-10                (5)  other information, evidence, statements, or

37-11    documents, as required by the commission [board].

37-12          (c)  The commission [board] shall send a copy of each

37-13    application for registration to the Texas Department of Public

37-14    Safety and to the sheriff of the county and the chief of police of

37-15    the principal city of the county in which the applicant resides.  A

37-16    sheriff or chief of police who wishes to object to the registration

37-17    of a particular applicant may do so by mailing or otherwise

37-18    delivering a written statement of his objection and his reasons to

37-19    the commission [board].

37-20          (d)  If the commission [board] decides to register a

37-21    particular applicant over the objections of a sheriff or chief of

37-22    police, it shall mail a notice of its decision to the objecting

37-23    officer and give him an opportunity to request a hearing before the

37-24    commission [board] to contest the commission's [board's] decision.

37-25    If the objecting officer files a request for a hearing within 30

37-26    days after the date the notice was mailed to him, the commission

37-27    [board] shall set the matter for a hearing.  The commission [board]

 38-1    may not register an applicant over the objection of a sheriff or

 38-2    chief of police unless it finds at the hearing that there is good

 38-3    cause to issue the registration over the objection or, if no

 38-4    hearing is requested, until the time for requesting a hearing has

 38-5    passed.

 38-6          SECTION 23.  Sections 34 and 35, Private Investigators and

 38-7    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

 38-8    Civil Statutes), are amended to read as follows:

 38-9          Sec. 34.  POCKET CARD.  A pocket card of such size, design,

38-10    and content as may be determined by the commission [board] shall be

38-11    issued to each registrant under this Act.  The date of issuance

38-12    shall be noted on such pocket card, and the date of expiration

38-13    shall also be noted.  Such pocket card shall contain a color

38-14    photograph and signature of the registrant.

38-15          Sec. 35.  UNDERCOVER AGENTS:  EXEMPTION.  Notwithstanding any

38-16    other provision of this Act, employees of a licensee who are

38-17    employed exclusively as undercover agents shall not be required to

38-18    register under this Act with the commission [board].

38-19          SECTION 24.  Section 36(b), Private Investigators and Private

38-20    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

38-21    Statutes), is amended to read as follows:

38-22          (b)  On notification from the commission [board] the month

38-23    before expiration of the registrant's pocket card, each  registrant

38-24    shall file for renewal of registration on a form designed by the

38-25    commission [board].

38-26          SECTION 25.  Section 37(c), Private Investigators and Private

38-27    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

 39-1    Statutes), is amended to read as follows:

 39-2          (c)  An individual who is registered as a noncommissioned

 39-3    security officer may transfer the registration from one employer to

 39-4    another employer if, not later than the 10th day after the date on

 39-5    which the registrant begins new employment, the new employer

 39-6    notifies the commission [board] of the transfer of employment on a

 39-7    form prescribed by the commission [board] accompanied by the

 39-8    employee information update fee.

 39-9          SECTION 26.  Sections 38(a), (b), and (d), Private

39-10    Investigators and Private Security Agencies Act (Article

39-11    4413(29bb), Vernon's Texas Civil Statutes), are amended to read as

39-12    follows:

39-13          (a)  Not later than the 14th day after the date on which the

39-14    employment of a registered employee is terminated, the licensee

39-15    shall notify the commission [board] in writing of the termination,

39-16    stating the date the registered employee terminated his employment

39-17    and the cause for which or the conditions under which the

39-18    registered employee terminated his employment.

39-19          (b)  If the employee was registered as a private

39-20    investigator, manager, branch office manager, alarm systems

39-21    installer, private security consultant, security sales person,

39-22    alarm systems monitor, or dog trainer, the licensee shall return

39-23    the pocket card of the employee to the commission [board].

39-24          (d)  If a person ceases to be an owner, officer, partner, or

39-25    shareholder of a licensee, the licensee shall return the pocket

39-26    card held by that person to the commission [board].

39-27          SECTION 27.  Section 39, Private Investigators and Private

 40-1    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

 40-2    Statutes), is amended to read as follows:

 40-3          Sec. 39.  CRIMINAL HISTORY BACKGROUND CHECKS.  (a)  The

 40-4    commission [board] may obtain any criminal history record relating

 40-5    to an applicant for a license or a license holder regulated under

 40-6    this Act that is maintained by the Department of Public Safety or

 40-7    the Federal Bureau of Investigation.  The commission [board] shall

 40-8    deny an application for a person who does not provide two complete

 40-9    sets of fingerprints on forms prescribed by the commission [board]

40-10    or fails to pay any required fee under this section.

40-11          (b)  The commission [board] shall conduct a criminal history

40-12    background check as provided by this section on each applicant for

40-13    a license, registration, or security officer commission.  To be

40-14    eligible for a license, registration, or commission, the background

40-15    check must not reveal that the applicant has committed an act that

40-16    constitutes grounds for the denial of the license, registration, or

40-17    commission.

40-18          (c)  The commission [board] shall conduct a background check

40-19    for an applicant for a security officer commission with the Texas

40-20    Department of Public Safety.  The applicant must receive the

40-21    approval of the commission [board] based on the results of the

40-22    Texas Department of Public Safety check before beginning employment

40-23    as a commissioned security officer.

40-24          (d)  The commission [board] shall conduct a background check

40-25    for each application for any other position regulated under this

40-26    Act with the Texas Department of Public Safety.  To continue

40-27    employment in a capacity regulated under this Act, the applicant

 41-1    must receive the approval of the commission [board] based on the

 41-2    results of that check not later than the 120th day after the date

 41-3    on which the applicant begins employment in that capacity.

 41-4          (e)  A license, security officer commission, registration,

 41-5    letter of approval, or permit is conditional on the commission's

 41-6    [board's] receipt of criminal history information from the

 41-7    Department of Public Safety.

 41-8          SECTION 28.  Section 40(a), Private Investigators and Private

 41-9    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

41-10    Statutes), is amended to read as follows:

41-11          (a)  No license shall be issued under this Act unless the

41-12    applicant files with the commission [board] evidence of a policy of

41-13    general liability insurance on a certificate of insurance form

41-14    prescribed by the commission [board] and countersigned by an

41-15    insurance agent licensed in this state or a certificate of

41-16    insurance for surplus lines coverage procured in compliance with

41-17    Article 1.14-2, Insurance Code, through a licensed Texas surplus

41-18    lines agent resident in this state.  The policy of general

41-19    liability insurance shall be conditioned to pay on behalf of the

41-20    licensee all sums which the licensee becomes legally obligated to

41-21    pay as damages because of bodily injury, property damage, or

41-22    personal injury, caused by an event involving the principal, its

41-23    servants, officers, agents, or employees in the conduct of any

41-24    business licensed under this Act.  The insurance policy must

41-25    contain minimum limits of $100,000 per occurrence for bodily injury

41-26    and property damage, and $50,000 per occurrence for personal

41-27    injury, with a minimum total aggregate amount of $200,000 for all

 42-1    occurrences.

 42-2          SECTION 29.  Section 42, Private Investigators and Private

 42-3    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

 42-4    Statutes), is amended to read as follows:

 42-5          Sec. 42.  SUSPENSION FOR FAILURE TO FILE SURETY BOND OR

 42-6    INSURANCE.  (a)  Every licensee shall at all times maintain on file

 42-7    with the commission [board]  the surety bond and certificate of

 42-8    insurance required by this Act in full force and effect and upon

 42-9    failure to do so, the license of such licensee shall be forthwith

42-10    suspended and shall not be reinstated until an application

42-11    therefor, in the form prescribed by the commission [board], is

42-12    filed together with a proper bond, insurance certificate, or both.

42-13    The commission [board] may rescind the license suspension if the

42-14    licensee provides proof to the commission [board] that the bond or

42-15    the insurance coverage is still in effect.  The licensee must

42-16    provide the proof in a form satisfactory to the commission [board]

42-17    not later than the 10th day after the date on which the license was

42-18    suspended.

42-19          (b)  The commission [board] may deny the application

42-20    notwithstanding the applicant's compliance with this section:

42-21                (1)  for any reason which would justify refusal to

42-22    issue or a  suspension or revocation of a license; or

42-23                (2)  for the performance by applicant of any practice

42-24    while under suspension for failure to keep his bond or insurance

42-25    certificate in force, for which a license under this Act is

42-26    required.

42-27          (c)  Bonds executed and filed with the commission [board]

 43-1    pursuant to this Act shall remain in force and effect until the

 43-2    surety has terminated future liability by a 30-day notice to the

 43-3    commission [board].

 43-4          (d)  Insurance certificates executed and filed with the

 43-5    commission [board] pursuant to this Act shall remain in force and

 43-6    effect until the insurer has terminated future liability by a

 43-7    10-day notice to the commission [board].

 43-8          SECTION 30.  Sections 44(e) and (g), Private Investigators

 43-9    and Private Security Agencies Act (Article 4413(29bb), Vernon's

43-10    Texas Civil Statutes), are amended to read as follows:

43-11          (e)  Any person who is not licensed under this Act, who does

43-12    not have a license application pending, and who violates any

43-13    provision of this Act may be assessed a civil penalty to be paid to

43-14    the State of Texas not to exceed One Thousand Dollars ($1,000) for

43-15    each violation.  Thirty (30) days' notice of the requirement to

43-16    obtain a license must be given by the commission [board] before the

43-17    civil penalty may be assessed.

43-18          (g)  A person commits an offense if the person does not

43-19    surrender or immediately return to the commission [board] the

43-20    person's registration, commission, pocket card, or other

43-21    identification issued to the person by the commission [board] on

43-22    notification of a summary suspension or summary denial under

43-23    Section 11D of this Act.  An offense under this subsection is a

43-24    Class A misdemeanor.

43-25          SECTION 31.  Sections 45(d)-(f), (h), and (i), Private

43-26    Investigators and Private Security Agencies Act (Article

43-27    4413(29bb), Vernon's Texas Civil Statutes), are amended to read as

 44-1    follows:

 44-2          (d)  A person may renew an unexpired license by paying to the

 44-3    commission [board] before the expiration date of the license the

 44-4    required renewal fee.

 44-5          (e)  If a person's license has been expired for not longer

 44-6    than 90 days, the person may renew the license by paying to the

 44-7    commission [board] the required renewal fee and a fee that is

 44-8    one-half of the examination fee for the license.

 44-9          (f)  If a person's license has been expired for longer than

44-10    90 days but less than two years, the person may renew the license

44-11    by paying to the commission [board] all unpaid renewal fees and a

44-12    fee that is equal to the examination fee for the license.

44-13          (h)  The commission [board] may renew without reexamination

44-14    an expired license of a person who was licensed in this state,

44-15    moved to another state, and is currently licensed and has been in

44-16    practice in the other state for the two years preceding

44-17    application.  The person must pay to the commission [board] a fee

44-18    that is equal to the examination fee for the license.

44-19          (i)  At least 30 days before the expiration of a person's

44-20    license or registration, the commission [board] shall send written

44-21    notice of the impending expiration to the person at the person's

44-22    last known address according to the records of the commission

44-23    [board].

44-24          SECTION 32.  Sections 46, 49, and 50A, Private Investigators

44-25    and Private Security Agencies Act (Article 4413(29bb), Vernon's

44-26    Texas Civil Statutes), are amended to read as follows:

44-27          Sec. 46.  EXPIRATION DATES OF LICENSES; PRORATION OF FEES.

 45-1    The commission [board] by rule may adopt a system under which the

 45-2    expiration date of a license may be changed at renewal time so that

 45-3    a licensee may pay only that portion of the license renewal fee

 45-4    which is allocable to the number of months during which the license

 45-5    is valid.  On renewal of the license on the new expiration date,

 45-6    the total license renewal fee is payable.

 45-7          Sec. 49.  NOTIFICATION OF CONVICTION FOR FELONY OR CRIME

 45-8    INVOLVING MORAL TURPITUDE.  The Texas Department of Public Safety

 45-9    shall notify the commission [board], and the police department and

45-10    the sheriff's department of the city and county wherein any person

45-11    licensed, commissioned, or registered under this Act resides of the

45-12    conviction of such person for a felony or a crime involving moral

45-13    turpitude.

45-14          Sec. 50A.  COMPLAINTS.  (a)  The commission [board] shall

45-15    keep an information file about each complaint filed with the

45-16    commission [board] relating to a person regulated under this Act by

45-17    the commission [board].

45-18          (b)  If a written complaint is filed with the commission

45-19    [board] relating to a person regulated by the commission under this

45-20    Act  [board], the commission [board], at least as frequently as

45-21    quarterly, shall notify the parties to the complaint of the status

45-22    of the complaint until final disposition unless the notification

45-23    would jeopardize an undercover investigation.

45-24          SECTION 33.  Section 11.61(e), Alcoholic Beverage Code, is

45-25    amended to read as follows:

45-26          (e)  Except as provided by Subsection (f), the commission or

45-27    administrator shall cancel an original or renewal permit if it is

 46-1    found, after notice and hearing, that the permittee knowingly

 46-2    allowed a person to possess a firearm in a building on the licensed

 46-3    premises.  This subsection does not apply to a person:

 46-4                (1)  who holds a security officer commission issued by

 46-5    the Commission on Law Enforcement Officer Standards and Education

 46-6    [Texas Board of Private Investigators and Private Security

 46-7    Agencies], if:

 46-8                      (A)  the person is engaged in the performance of

 46-9    the person's duties as a security officer;

46-10                      (B)  the person is wearing a distinctive uniform;

46-11    and

46-12                      (C)  the weapon is in plain view;

46-13                (2)  who is a peace officer; or

46-14                (3)  who is a permittee or an employee of a permittee

46-15    if the person is supervising the operation of the premises.

46-16          SECTION 34.  Section 61.71(f), Alcoholic Beverage Code, is

46-17    amended to read as follows:

46-18          (f)  Except as provided by Subsection (g), the commission or

46-19    administrator shall cancel an original or renewal dealer's

46-20    on-premises or off-premises license if it is found, after notice

46-21    and hearing, that the licensee knowingly allowed a person to

46-22    possess a firearm in a building on the licensed premises.  This

46-23    subsection does not apply to a person:

46-24                (1)  who holds a security officer commission issued by

46-25    the Commission on Law Enforcement Officer Standards and Education

46-26    [Texas Board of  Private Investigators and Private Security

46-27    Agencies], if:

 47-1                      (A)  the person is engaged in the performance of

 47-2    the person's duties as a security officer;

 47-3                      (B)  the person is wearing a distinctive uniform;

 47-4    and

 47-5                      (C)  the weapon is in plain view;

 47-6                (2)  who is a peace officer; or

 47-7                (3)  who is a licensee or an employee of a licensee if

 47-8    the person is supervising the operation of the premises.

 47-9          SECTION 35.  Section 232.002, Family Code, is amended to read

47-10    as follows:

47-11          Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  The

47-12    following state agencies are licensing authorities subject to this

47-13    chapter [subchapter]:

47-14                (1)  Department of Agriculture;

47-15                (2)  Texas Commission on Alcohol and Drug Abuse;

47-16                (3)  Texas Alcoholic Beverage Commission;

47-17                (4)  Texas Appraiser Licensing and Certification Board;

47-18                (5)  Texas Board of Architectural Examiners;

47-19                (6)  State Board of Barber Examiners;

47-20                (7)  Texas Board of Chiropractic Examiners;

47-21                (8)  Comptroller of Public Accounts;

47-22                (9)  Texas Cosmetology Commission;

47-23                (10)  Court Reporters Certification Board;

47-24                (11)  State Board of Dental Examiners[, if the 74th

47-25    Legislature, at its regular session, enacts legislation that

47-26    becomes law authorizing a state agency to regulate the practice of

47-27    dentistry];

 48-1                (12)  Texas State Board of Examiners of Dietitians;

 48-2                (13)  Texas Funeral Service Commission;

 48-3                (14)  Texas Department of Health;

 48-4                (15)  Texas Board of Professional Land Surveying;

 48-5                (16)  Texas Department of Licensing and Regulation;

 48-6                (17)  Texas State Board of Examiners of Marriage and

 48-7    Family Therapists;

 48-8                (18)  Texas State Board of Medical Examiners;

 48-9                (19)  Midwifery Board;

48-10                (20)  Texas Natural Resource Conservation Commission;

48-11                (21)  Board of Nurse Examiners;

48-12                (22)  Texas Board of Nursing Facility Administrators;

48-13                (23)  Texas Board of Occupational Therapy Examiners;

48-14                (24)  Texas Optometry Board;

48-15                (25)  Parks and Wildlife Department;

48-16                (26)  Texas State Board of Examiners of Perfusionists;

48-17                (27)  Texas State Board of Pharmacy;

48-18                (28)  Texas Board of Physical Therapy Examiners;

48-19                (29)  Texas State Board of Plumbing Examiners;

48-20                (30)  Texas State Board of Podiatric Medical [Podiatry]

48-21    Examiners;

48-22                (31)  Polygraph Examiners Board;

48-23                (32)  Commission on Law Enforcement Officer Standards

48-24    and Education to the extent the commission issues a license under

48-25    the Private Investigators and Private Security Agencies Act

48-26    (Article 4413(29bb), Vernon's Texas Civil Statutes) [Texas Board of

48-27    Private Investigators and Private Security Agencies];

 49-1                (33)  Texas State Board of Examiners of Professional

 49-2    Counselors;

 49-3                (34)  State Board of Registration for Professional

 49-4    Engineers;

 49-5                (35)  Department of Protective and Regulatory Services;

 49-6                (36)  Texas State Board of Examiners of Psychologists;

 49-7                (37)  Texas State Board of Public Accountancy;

 49-8                (38)  Department of Public Safety of the State of

 49-9    Texas;

49-10                (39)  Public Utility Commission of Texas;

49-11                (40)  Railroad Commission of Texas;

49-12                (41)  Texas Real Estate Commission;

49-13                (42)  State Bar of Texas;

49-14                (43)  Texas State Board of Social Worker Examiners;

49-15                (44)  State Board of Examiners for Speech-Language

49-16    Pathology and Audiology;

49-17                (45)  Texas Structural Pest Control Board;

49-18                (46)  Board of Tax Professional Examiners;

49-19                (47)  Secretary of State;

49-20                (48)  Supreme Court of Texas;

49-21                (49)  Texas Transportation Commission;

49-22                (50)  State Board of Veterinary Medical Examiners;

49-23                (51)  Board of Vocational Nurse Examiners;

49-24                (52)  Texas Ethics Commission;

49-25                (53)  Advisory Board of Athletic Trainers;

49-26                (54)  State Committee of Examiners in the Fitting and

49-27    Dispensing of Hearing Instruments;

 50-1                (55)  Texas Board of Licensure for Professional Medical

 50-2    Physicists; and

 50-3                (56)  Texas Department of Insurance.

 50-4          SECTION 36.  Section 411.119, Government Code, is amended to

 50-5    read as follows:

 50-6          Sec. 411.119.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:

 50-7    [TEXAS BOARD OF] PRIVATE INVESTIGATORS AND PRIVATE SECURITY

 50-8    AGENCIES.  The Commission on Law Enforcement Officer Standards and

 50-9    Education [Texas Board of Private Investigators and Private

50-10    Security Agencies] is entitled to obtain from the department

50-11    criminal history record information maintained by the department

50-12    that relates to a person who is:

50-13                (1)  an applicant for a license, registration, or

50-14    security officer commission under the Private Investigators and

50-15    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

50-16    Civil Statutes); or

50-17                (2)  an applicant for a position regulated under that

50-18    Act.

50-19          SECTION 37.  Sections 415.004(a) and (b), Government Code,

50-20    are amended to read as follows:

50-21          (a)  The commission is composed of 15 [nine] members

50-22    appointed by the governor with the advice and consent of the

50-23    senate.  The governor shall make the appointments without regard to

50-24    the race, creed, sex, religion, or national origin of the

50-25    appointees.  A member must be a resident of this state.

50-26          (b)  Three members must be a sheriff, constable, or chief of

50-27    police.  Three members must be persons licensed under this chapter,

 51-1    two of whom must be peace officers who when appointed hold

 51-2    nonsupervisory positions with a law enforcement agency.  A licensed

 51-3    member must have been licensed for the five consecutive years

 51-4    preceding the date of the member's appointment.  Two members must

 51-5    each be a person licensed under the Private Investigators and

 51-6    Private Security Agencies Act  (Article 4413(29bb), Vernon's Texas

 51-7    Civil Statutes) who has been engaged for not less than five

 51-8    consecutive years as a private investigator or security services

 51-9    contractor.  One member must be a person licensed under the Private

51-10    Investigators and Private Security Agencies Act (Article

51-11    4413(29bb), Vernon's Texas Civil Statutes) who has acted as the

51-12    owner or operator of a guard company for not less than five

51-13    consecutive years. Six [Three] members must be members of the

51-14    general public.

51-15          SECTION 38.  Section 46.02(b), Penal Code, as amended by

51-16    Chapters 229, 318, 754, 790, and 998, Acts of the 74th Legislature,

51-17    Regular Session, 1995, is amended to read as follows:

51-18          (b)  It is a defense to prosecution under this section that

51-19    the actor was, at the time of the commission of the offense:

51-20                (1)  in the actual discharge of his official duties as

51-21    a member of the armed forces or state military forces as defined by

51-22    Section 431.001, Government Code, or as a guard employed by a penal

51-23    institution;

51-24                (2)  on his own premises or premises under his control

51-25    unless he is an employee or agent of the owner of the premises and

51-26    his primary responsibility is to act in the capacity of a security

51-27    guard to protect persons or property, in which event he must comply

 52-1    with Subdivision (5);

 52-2                (3)  traveling;

 52-3                (4)  engaging in lawful hunting, fishing, or other

 52-4    sporting activity on the immediate premises where the activity is

 52-5    conducted, or was directly en route between the premises and the

 52-6    actor's residence, if the weapon is a type commonly used in the

 52-7    activity;

 52-8                (5)  a person who holds a security officer commission

 52-9    issued by the Commission on Law Enforcement Officer Standards and

52-10    Education [Texas Board of Private Investigators and Private

52-11    Security Agencies], if:

52-12                      (A)  he is engaged in the performance of his

52-13    duties as a security officer or traveling to and from his place of

52-14    assignment;

52-15                      (B)  he is wearing a distinctive uniform; and

52-16                      (C)  the weapon is in plain view;  [or]

52-17                (6) [(7)]  carrying a concealed handgun and a valid

52-18    license issued under Article 4413(29ee), Revised Statutes, to carry

52-19    a concealed handgun of the same category as the handgun the person

52-20    is carrying; [.]

52-21                (7)  a person who holds a security officer commission

52-22    and a personal protection authorization issued by the Commission on

52-23    Law  Enforcement Officer Standards and Education [Texas Board of

52-24    Private Investigators and Private Security Agencies] and who is

52-25    providing personal protection under the Private Investigators and

52-26    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

52-27    Civil Statutes); or [.]

 53-1                (8) [(7)]  a holder of an alcoholic beverage permit or

 53-2    license or an employee of a holder of an alcoholic beverage permit

 53-3    or license if the actor is supervising the operation of the

 53-4    permitted or licensed premises.

 53-5          SECTION 39.  Section 46.03(d), Penal Code, is amended and

 53-6    Section 46.03(g), Penal Code, as added by Chapter 790, Acts of the

 53-7    74th Legislature, Regular Session, 1995, is redesignated as

 53-8    Subsection (h) and amended to read as follows:

 53-9          (d)  It is a defense to prosecution under Subsection (a)(5)

53-10    that the actor possessed a firearm or club while traveling to or

53-11    from the actor's place of assignment or in the actual discharge of

53-12    duties as:

53-13                (1)  a member of the armed forces or national guard;

53-14                (2)  a guard employed by a penal institution; or

53-15                (3)  a security officer commissioned by the Commission

53-16    on Law Enforcement Officer Standards and Education [Texas Board of

53-17    Private Investigators and Private Security Agencies] if:

53-18                      (A)  the actor is wearing a distinctive uniform;

53-19    and

53-20                      (B)  the firearm or club is in plain view; or

53-21                (4) [(5)]  a security officer who holds a personal

53-22    protection authorization under the Private Investigators and

53-23    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

53-24    Civil Statutes).

53-25          (h) [(g)]  It is a defense to prosecution under Subsection

53-26    (a)(4) that the actor possessed a firearm or club while traveling

53-27    to or from the actor's place of assignment or in the actual

 54-1    discharge of duties as a security officer commissioned by the

 54-2    Commission on Law Enforcement Officer Standards and Education

 54-3    [Texas Board of Private  Investigators and Private Security

 54-4    Agencies], if:

 54-5                (1)  the actor is wearing a distinctive uniform; and

 54-6                (2)  the firearm or club is in plain view.

 54-7          SECTION 40.  Section 18(a), Article 4413(29ee), Revised

 54-8    Statutes, is amended to read as follows:

 54-9          (a)  The director may certify as a qualified handgun

54-10    instructor a person who:

54-11                (1)  is certified by the Commission on Law Enforcement

54-12    Officer Standards and Education [or the Texas Board of Private

54-13    Investigators and Private Security Agencies] to instruct others in

54-14    the use of handguns;

54-15                (2)  regularly instructs others in the use of handguns

54-16    and has graduated from a handgun instructor school that uses a

54-17    nationally accepted course designed to train persons as handgun

54-18    instructors; or

54-19                (3)  is certified by the National Rifle Association of

54-20    America as a handgun instructor.

54-21          SECTION 41.  Sections 5, 6, 7, 8, 9, 10, 10A, 12, and 12A,

54-22    Private Investigators and Private Security Agencies Act (Article

54-23    4413(29bb), Vernon's Texas Civil Statutes), are repealed.

54-24          SECTION 42.  (a)  The Texas Board of Private Investigators

54-25    and Private Security Agencies is abolished but shall continue in

54-26    existence after September 1, 1998, for the sole purpose of

54-27    transferring obligations, property, rights, powers, and duties to

 55-1    the Commission on Law Enforcement Officer Standards and Education.

 55-2    The Commission on Law Enforcement Officer Standards and Education

 55-3    assumes all of the obligations, property, rights, powers, and

 55-4    duties of the Texas Board of Private Investigators and Private

 55-5    Security Agencies, as exercised by the agency immediately before

 55-6    the effective date of this Act.  All unexpended funds appropriated

 55-7    to the Texas Board of Private Investigators and Private Security

 55-8    Agencies are transferred to the Commission on Law Enforcement

 55-9    Officer Standards and Education.  The transfer of the obligations,

55-10    property, rights, powers, and duties of the Texas Board of Private

55-11    Investigators and Private Security Agencies must be completed not

55-12    later than September 1, 1998.

55-13          (b)  All rules of the Texas Board of Private Investigators

55-14    and Private Security Agencies are continued in effect as rules of

55-15    the Commission on Law Enforcement Officer Standards and Education

55-16    until superseded by a rule of the Commission on Law Enforcement

55-17    Officer Standards and Education.  A license, permit, or

55-18    registration issued by the Texas Board of Private Investigators and

55-19    Private Security Agencies is continued in effect as provided by the

55-20    law in effect immediately before the effective date of this Act.  A

55-21    complaint, investigation, contested case, or other proceeding

55-22    pending on the effective date of this Act is continued without

55-23    change in status after the effective date of this Act.

55-24          SECTION 43.  In making additional appointments to the

55-25    Commission on Law Enforcement Officer Standards and Education

55-26    necessary to comply with the change in law made by this Act to

55-27    Section 415.004, Government Code, the governor shall appoint:

 56-1                (1)  two persons licensed under the Private

 56-2    Investigators and Private Security Agencies Act (Article

 56-3    4413(29bb), Vernon's Texas Civil Statutes) for terms expiring

 56-4    February 1, 1999;

 56-5                (2)  two persons who represent the general public for

 56-6    terms expiring February 1, 2001; and

 56-7                (3)  one person licensed under the Private

 56-8    Investigators and Private Security Agencies Act (Article

 56-9    4413(29bb), Vernon's Texas Civil Statutes) and one person who

56-10    represents the general public for terms expiring February 1, 2003.

56-11          SECTION 44.  This Act takes effect September 1, 1997.

56-12          SECTION 45.  The importance of this legislation and the

56-13    crowded condition of the calendars in both houses create an

56-14    emergency and an imperative public necessity that the

56-15    constitutional rule requiring bills to be read on three several

56-16    days in each house be suspended, and this rule is hereby suspended.