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.