HBA-NIK H.B. 2215 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2215
By: Wise
Public Safety
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, under the Private Investigators and Private Security Agencies
Act, Article 4413(22bb), V.T.C.S., an applicant for a position as a
security officer must: be at least 18 years of age; be a citizen of the
United States; not have been convicted in any jurisdiction of any felony or
any crime involving moral turpitude for which a full pardon has not been
granted; not have been declared by any court of competent jurisdiction
incompetent by reason of mental defect or disease and has not been
restored; not be suffering from habitual drunkenness or from narcotics
addiction or dependence; not be discharged from the armed services of the
United States under other than honorable conditions; be of good moral
character; and be in compliance with any other reasonable qualifications
that the Texas Board of Private Investigators and Private Security Agencies
(board) may fix, by rule.  In Section 29 (Employee Records), Article 4413
(29bb), V.T.C.S., it is required for each licensee to maintain a record
containing such information relative to his employees as may be prescribed
by the board. However, there presently is no law explicitly creating a
standard criminal history check for certain applicants.  H.B. 2215 requires
criminal background checks of all individual applicants for positions as
security officers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter C, Article 4413(29bb),V.T.C.S. ( Private
Investigators and Private Security Agencies Act), by adding Section 39A, as
follows: 

Sec. 39A. CRIMINAL HISTORY CHECK. (a) Requires the Texas Board of Private
Investigators and Private Security Agencies (board) to conduct a criminal
history check, including a check of any criminal history record information
maintained by the Federal Bureau of Investigation, in the manner provided
by Subchapter F (Criminal History Record Information), Chapter 411,
Government Code, on each applicant for a license, registration, security
officer commission, letter of approval, permit, or certification. Provides
that an applicant is not eligible for a license, registration, commission,
letter of approval, permit, or certification if the check reveals that the
applicant has committed an act that constitutes grounds for the denial of
the license, registration, commission, letter of approval, permit, or
certification. Requires each applicant to include in the application two
complete sets of fingerprints on forms prescribed by the board accompanied
by the fee set by the board. 

(b) Provides that before beginning employment as a commissioned security
officer, the applicant must be approved by the board based on the results
of the check conducted under Subsection (a) of this section.  Provides
that, to continue employment in a capacity regulated under this article,
other than as a commissioned security officer, the applicant must be
approved by the board based on the results of the check conducted under
Subsection (a) of this section not later than the 120th day after the date
the applicant begins employment in that capacity. 

(c) Provides that a license, registration, security officer commission,
letter of approval,  permit, or certification issued by the board is
conditional on the board's receipt of criminal history record information. 

SECTION 2. Amends Section 411.119, Government Code, to include information
maintained under Section 411.042(b)(5) (relating to protective orders)
among the information the Texas Board of Private Investigators and Private
Security Agencies is entitled to obtain from the department criminal
history record information.  Provides that this entitlement to information
relates to an applicant for a license, registration, security officer
commission, letter of approval, permit, or handgun instructor
certification, or a person who holds a license, registration, security
officer commission, letter of approval, permit, or handgun instructor
certification under Article 4413(29bb), V.T.C.S.,  rather than an applicant
for a position regulated under that article. 

SECTION 3. Repealer: Section 39 (Criminal History Background Checks),
Article 4413(29bb), V.T.C.S. 

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.