HBA-DMD H.B. 2617 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2617
By: Bosse
Public Safety
3/19/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Board of Private Investigators and Private Security Agencies
(board) was created in 1969 to license businesses and people in the private
investigations and security industry. Over time the board's
responsibilities have been expanded to include armored car companies, alarm
system companies, guard dog companies, and courier services. Additionally,
the board commissions security officers to carry firearms and to perform
criminal history checks on all applicants. The board also establishes
standards for licensure, commission, and registration; develops material
for minimum required training or competency; approves schools and
instructors to teach relevant courses; and administers examinations to
qualified applicants. The board is comprised of eight members and will be
abolished on September 1, 1999, unless continued by the legislature. 

H.B. 2617 continues the board until September 1, 2003 and increases the
number of board members. This bill sets out the conflicts of interest that
prohibit persons from serving on the board and requires the board to revoke
a registration, license, or security officer commission if the applicant,
licensee, or commissioned security officer has been convicted of certain
offenses. This bill also makes disciplinary action taken against a person
open to the public. H.B. 2617 authorizes the board to waive prerequisites
for persons seeking a license or registration who are already licensed in
another jurisdiction. This bill authorizes the board to adopt rules
regarding the method of payment of fees. It also requires the board by rule
to establish minimum standards for handgun proficiency and requires the
board to certify handgun instructors. Additionally, this bill requires the
board to conduct a criminal history background check and to seek criminal
history information maintained by the Federal Bureau of Investigation
(FBI).  H.B. 2617 establishes processes for renewing licenses and
establishes a process for the imposition of an administrative penalty. This
bill establishes the board as a criminal justice agency for the sole
purpose of obtaining information from the FBI.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Private
Investigators and Private Security Agencies in SECTION 9 (Section 10B,
Article 4413(29bb), V.T.C.S., (Private Investigators and Private Security
Agencies Act)); SECTION 20 (Section 17A, Article 4413(29bb), V.T.C.S.,
(Private Investigators and Private Security Agencies Act)); SECTION 23
(Section 20, Article 4413(29bb), V.T.C.S., (Private Investigators and
Private Security Agencies Act)); SECTION 24 (Section 20A, 20B, and 20D,
Article 4413(29bb), V.T.C.S., (Private Investigators and Private Security
Agencies Act));  SECTION 32 (Section 46A, Article 4413(29bb), V.T.C.S.,
(Private Investigators and Private Security Agencies Act)); and rulemaking
previously delegated to the Texas Board of Private Investigators and
Private Security Agencies is modified in SECTION 19 (Section 17, Article
4413(29bb), V.T.C.S., (Private Investigators and Private Security Agencies
Act)) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2(4), Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), to modify the definition
of "guard company."  

SECTION 2.  Amends Section 3, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), as follows: 

 (a)(1) Makes a nonsubstantive change.

(5) Sets forth that this Act does not apply to an attorney while engaged in
the practice of law, rather than attorney at law in performing his duties.  

(9) Makes nonsubstantive changes.

(19) Sets forth that this Act does not apply to an officer, employee, or
agent of a common carrier, as defined by Section 153, rather than 153(10),
Communications Act of 1934 (47 U.S.C. Section 153, rather than U.S.C.A.
Sec. 151 et seq.), and its subsequent amendments, while protecting the
carrier or a user of the carrier's longdistance services from a fraudulent,
unlawful, or abusive use of those long-distance services. 

(26) Sets forth that this Act does not apply to a charitable, nonprofit
organization that provides medical alert services for persons who are sick
or disabled, if the organization is exempt from federal taxation, under
Section 501(a) of the Internal Revenue Code of 1986, rather than Section
501(c)(3), and its subsequent amendments, by being listed as an exempt
entity under Section 501(c)(3) of that code. Makes conforming changes. 

(29) Sets forth that this Act does not apply to a charitable, nonprofit
organization that maintains a system of records to aid in the location of
missing children, if the organization is exempt from federal taxation under
Section 501(a) of the Internal Revenue Code of 1986, rather than Section
501(c)(3), and its subsequent amendments, by being listed as an exempt
entity under Section 501(c)(3) of that code. Makes conforming changes. 

(f) Sets forth that this Act, notwithstanding Subsection (a)(1) of this
section, applies to an individual who works at a location other than a farm
or private land that is not open to the public and in the course of
employment regularly comes into contact with the public and wears a uniform
with any type of badge commonly associated with security personnel or law
enforcement or a patch or apparel with "security" or the name of the
employer on the patch or apparel. 

SECTION 3.  Amends Section 4(d), Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), to continue the Texas
Board of Private Investigators and Private Security Agencies (board) until
September 1, 2003, rather than September 1, 1999. 

SECTION 4.  Amends Section 5, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), as follows: 

Sec. 5. BOARD MEMBERSHIP. (a) Sets forth the composition of the board to
include nine members and an ex officio member, replacing a board composed
of six members and two ex officio members. 

(b) Sets forth standard Sunset language regarding equal opportunity.

(c) Sets forth standard Sunset language regarding public membership. Amends
existing language to conform to standard Sunset language regarding
conflicts of interest. 

(d) Amends existing language to conform to standard Sunset language
regarding removal, rather than standard Sunset language regarding conflicts
of interest. Redesignated from existing Subsection (e).  

(e) Amends existing language to conform to standard Sunset language
regarding the validity of a board action when a ground exists for removing
a board member. Redesignated from existing Subsection (f).  

(f) Amends existing language to conform to standard Sunset language
regarding removal.  Redesignated from existing Subsection (g). Deletes
Subsection (h). 

SECTION 5.  Amends Subchapter B, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Sections 5A,
5B, and 5C, as follows: 

Sec. 5A. EX OFFICIO BOARD MEMBER. Sets forth that the director of the
Department of Public Safety (director of DPS) serves as an ex officio
member of the board during the term of office of the director of DPS and
has the same powers and duties as other board members. Authorizes the
director of DPS to delegate the duty to represent the director on the
board, to a personal representative from DPS. 

Sec. 5B. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. Defines "Texas trade
association." Sets forth standard Sunset language regarding prohibitions
against conflicts of interest. 

Sec. 5C. TRAINING REQUIREMENTS. Sets forth standard Sunset language
regarding board member training. 

SECTION 6.  Amends Section 7, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), to specify that the terms
of three, rather than two, board members expire on January 31 of each
odd-numbered year. Makes conforming and nonsubstantive changes. 

SECTION 7.  Amends Sections 10(d) and (e), Article 4413(29bb), V.T.C.S.
(Private Investigators and Private Security Agencies Act), as follows: 

(d) Requires the director of the board (director) or the director's
designee to provide to board members and to agency employees, as often as
necessary, information regarding the requirements for office or employment
under this Act, including a person's responsibilities under applicable laws
relating to standards of conduct for state officers and employees. Makes
conforming changes. 

(e) Requires the board to develop and implement policies, rather than adopt
policies, that clearly separate the policymaking responsibilities of the
board and the management responsibilities of the director and staff on the
board, rather than clearly define the respective responsibilities of the
governing body of the board and the staff of the board. 
 
SECTION 8.  Amends Sections 10A, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), as follows: 

Sec. 10A. New Title: EQUAL EMPLOYMENT OPPORTUNITY; REPORT. Amends existing
language to conform with standard Sunset language regarding equal
opportunity and policy statements.  

SECTION 9.  Amends Subchapter B, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Section 10B, as
follows: 

Sec. 10B. RULES AND POLICIES. Requires the board to adopt rules and general
policies to guide the agency in the administration of this Act that must be
consistent with this Act and other board rules adopted under this Act and
with any other applicable law, state rule, or federal regulation. 

SECTION 10.  Amends Sections 11(d) and (e), Article 4413(29bb), V.T.C.S.
(Private Investigators and Private Security Agencies Act), as follows: 

(d) Requires the board recognize, prepare, or administer continuing
education programs for licensees and registrants, rather than private
investigators, regulated by the board under this Act.  Provides that a
licensee or registrant must participate in the programs to the extent
required by the board to keep the person's license or registration. Makes
conforming changes. 
 (e) Requires the board to develop and implement, rather than adopt,
policies that provide the public with a reasonable opportunity to appear
before the board and to speak on any issue under the jurisdiction of the
board.  

SECTION 11.  Amends Section 11B, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), as follows: 

Sec. 11B.  REVOCATION, SUSPENSION, AND SUMMARY SUSPENSION.  (a) Provides
Section 11E as an exception to the board's requirement to revoke, suspend,
or refuse to renew a registration, license, or security officer commission,
or administer a reprimand that the board is required to deliver to a
registrant, licensee, or commissioned security officer; or to the board's
authorization to place on probation a person whose registration, license,
or security officer commission has been suspended on certain proof. Amends
existing language regarding the proof.  

(b) Authorizes the board, subject to Section 11D of this Act, to summarily
suspend a license, registration, or security officer commission issued
under this Act upon receiving written notification from DPS or any other
law enforcement agency that the individual has been arrested for or charged
with a Class B misdemeanor or equivalent offense, rather than a misdemeanor
involving moral turpitude, or a greater offense, rather than felony. Makes
nonsubstantive changes. 

(c) Makes conforming changes.

(d) Redesignated from Subsection (e). Deletes text specifying a conviction
of a misdemeanor involving moral turpitude. 

(e) Entitles a person regulated under this Act against whom the board has
taken action, except for a summary denial of an application or a summary
suspension, to a hearing before the State Office of Administrative
Hearings. Provides that a proceeding under this subsection is a contested
case that is governed by Chapter 2001 (Administrative Procedure),
Government Code . Deletes text which provides that proceedings for the
refusal, suspension, or revocation of a registration, license, or security
officer commission or for the probation of a person are governed by Chapter
2001, Government Code. Makes conforming changes. 

(f) Authorizes the board to place on probation a person whose license is
suspended. Authorizes the board, if a license suspension is probated, to
require the person to report regularly to the board on matters that are the
basis of the probation, to limit practice to the areas prescribed by the
board, or to continue or review professional education until the person
attains a degree of skill satisfactory to the board in those areas that are
the basis of the probation. Deletes Subsection (g) which refers to a civil
penalty for a suspended license. 

SECTION 12.  Amends Subchapter B, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Section 11E, as
follows: 

Sec. 11E.  REVOCATION OR REFUSAL FOR CERTAIN OFFENSES. Requires the board
to revoke or refuse to renew a registration, license, or security officer
commission if the applicant, licensee,  registrant, or commissioned
security officer has been convicted of a Class A misdemeanor or equivalent
offense or a greater offense, or a Class B misdemeanor or equivalent
offense if the fifth anniversary of the date of conviction has not
occurred.  

SECTION 13.  Amends Subchapter B, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Section 11F, as
follows:  

Sec. 11F.  CONVICTION OF CERTAIN CRIMES. Sets forth that in this
subchapter, a person is considered to be convicted of an offense that is a
Class B misdemeanor or a greater or equivalent offense, if a court enters a
judgment against the person for committing a Class  B misdemeanor or a
greater or equivalent offense, under the laws of this state, another state,
or the United States, including a conviction: 

(1)  in which a person is placed on, and subsequently discharged from,
community supervision; and 
(2)  for which a person is pardoned, unless a full pardon has been granted
for reasons relating to a wrongful conviction.  

SECTION 14.  Amends Section 12(b), Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), to rename the chairman
and vice-chairman as the presiding officer and assistant presiding officer.
Amends existing language to conform to Sunset language regarding equal
opportunity employment.  Makes conforming and nonsubstantive changes. 

SECTION 15.  Amends Subchapter B, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Section 12B, as
follows: 

Sec. 12B.  PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY ACTIONS. (a)
Requires the board to make available to the public through either a
toll-free telephone number, Internet website, or other easily accessible
medium determined by the board the following information relating to a
disciplinary action taken during the preceding three years regarding a
person regulated by the board: 

(1)  the identity of the person;
(2)  the nature of the complaint that was the basis of the disciplinary
action taken against the person; and 
(3)  the disciplinary action taken by the board. 

(b) Requires the board, when providing the information, to present the
information in an impartial manner, use language that is commonly
understood, and, if possible, avoid jargon specific to the security
industry.  

(c) Requires the board to update the information on a monthly basis. 

(d) Requires the board to maintain the confidentiality of information
regarding the identification of a complainant.  

SECTION 16.  Amends Section 14, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by amending Subsection
(a)  and adding Subsection (a-1), as follows: 

(a) Provides that an applicant for a license or the applicant's manager
must not have been convicted of a Class A misdemeanor or equivalent or
greater offense, rather than a misdemeanor involving moral turpitude within
the previous seven years, in any jurisdiction unless a full pardon has been
granted relating to the wrongful conviction. Provides that an applicant for
a license or the applicant's manager must not have been convicted of a
Class B misdemeanor or equivalent or greater offense within the previous
five years in any jurisdiction unless a full pardon has been granted
relating to the wrongful conviction. Redesignates existing Subdivisions
(4)-(6) to Subdivisions (3)-(5), respectively. Makes conforming and
nonsubstantive changes.  

(a-1) Authorizes the board to deny an application for a license if the
applicant has been convicted of a Class B misdemeanor or equivalent or
greater offense within the previous five years in any jurisdiction unless a
full pardon has been granted relating to the wrongful conviction.  

SECTION 17.  Amends Section 15, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by amending Subsections
(a)  and (c) and adding Subsection (g), as follows: 

(a) Modifies the requirements included in an application for a license
under this Act. Makes conforming and nonsubstantive changes. 
 (c) Requires, rather than authorizes, the board to require an applicant or
the applicant's manager to demonstrate qualifications in the person's
license field of classification, including knowledge of applicable state
laws and board rules, by taking an examination to be determined by the
board. Makes nonsubstantive changes. 

(g) Requires the board to develop, and provide to a person who applies to
take the examination under Subsection (c) of this section, material
containing all applicable state laws and board rules.  

SECTION 18.  Amends Subchapter C, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Sections 15A,
15B, 15C, and 15D, as follows: 

Sec. 15A.  EXAMINATION RESULTS. (a) Requires the board, no later than 30
days after a person takes a licensing examination under this Act, to notify
the person of the results of the examination.  

(b) Provides that if the examination is graded or reviewed by a testing
service the board is required to notify the person of the results of the
examination no later than 14 days after the board receives the results from
the testing service, and if notice of the examination results will be
delayed for longer than 90 days after the examination date, the board is
required to notify the person of the reason for the delay before the 90th
day.  
(c) Authorizes the board to require a testing service to notify a person of
the results of the person's examination.  

(d) Requires the board to furnish the person with an analysis of the
person's performance on the examination, if a person who fails a licensing
examination makes a request in writing.  

Sec. 15B.  RECIPROCAL LICENSE FOR CERTAIN FOREIGN APPLICANTS. Authorizes
the board to waive any prerequisite to obtaining a license for an applicant
who already holds a license issued by another jurisdiction which has a
reciprocity agreement with this state. Authorizes the board to make an
agreement with another state to allow for licensing by reciprocity, subject
to the approval of the governor.  

Sec. 15C.  PROVISIONAL LICENSE.  (a) Provides conditions under which the
board is authorized to issue a provisional license to an applicant who
currently holds a license from another jurisdiction.  

(b) Provides that a provisional license is valid until the date the board
approves or denies the provisional license holder's application for a
license. Provides conditions under which the board is required to issue a
license under this Act to the provisional license holder.  

(c) Provides that the board must approve or deny a provisional license
holder's application for a license no later than 180 days after the
provisional license is issued. Authorizes the board to extend the 180-day
period if the results of an examination have not been received by the board
before the end of that period.  

(d) Authorizes the board to establish a fee for provisional licenses in an
amount reasonable and necessary to cover the cost of issuing the license.  

Sec. 15D.  PROVISIONAL REGISTRATION.  (a) Provides conditions under which
the board is authorized to issue a provisional registration to an applicant
who is currently registered in another jurisdiction and who is seeking an
equivalent registration in this state.  

(b) Provides that a provisional registration is valid until the date the
board approves or denies the provisional registration holder's application
for a registration. Requires the board to issue a registration under this
Act to the provisional registration holder if the provisional registration
holder is eligible to be registered under this Act.  

 (c) Provides that the board must approve or deny a provisional
registration holder's application for a registration no later than 180 days
after the provisional registration is issued. Authorizes the board to
extend the 180-day period if the results of an examination have not been
received by the board before the end of that period.  

(d) Authorizes the board to establish a fee for provisional registration in
an amount reasonable and necessary to cover the cost of issuing the
registration.  

SECTION 19.  Amends Sections 17(a) and (d), Article 4413(29bb), V.T.C.S.
(Private Investigators and Private Security Agencies Act), as follows: 

(a) Requires the board by rule, if the General Appropriations Act does not
specify the amount of the fee, to establish reasonable and necessary fees
that produce funds sufficient for the administration of this Act but that
do not produce unnecessary fund balances and do not exceed $25 for a
renewal fee for a noncommissioned security officer.  

(d) Provides that registration as a noncommissioned security officer is
valid for two, rather than four, years from the date of registration. 

SECTION 20.  Amends Subchapter C, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Section 17A, as
follows: 

Sec. 17A.  PAYMENT OF FEES AND FINES. Authorizes the board to adopt rules
regarding the method of payment of a fee or a fine assessed under this Act.
Authorizes the rules to authorize the use of electronic funds transfer or a
valid credit card issued by a financial institution that is chartered by a
state or the federal government or by a nationally recognized credit
organization approved by the board. Authorizes the rules to require the
payment of a discount or a reasonable service charge for a credit card
payment in addition to the fee or the fine.  

SECTION 21.  Amends Section 18(b), Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), as follows: 

(b) Specifies that a person must pass a written examination required by
Section 15(c) of this Act and that none of the facts stated in Section
11B(a) or 11E, of this Act regarding violations or convictions exist as to
the person, before acting as a manager or a licensee. Makes conforming and
nonsubstantive changes. 

SECTION 22.  Amends Sections 19(g), Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), to delete the provision
requiring the board to send a copy of each application for a security
officer commission to the sheriff of the county and the chief of police of
the principal city of the county in which the applicant resides. Deletes
the provision authorizing a sheriff or chief of police who wishes to object
to the issuance of a security officer commission to a particular applicant
to do so by mailing or otherwise delivering a written statement of his
objection and his reasons to the board. Makes a nonsubstantive change. 

SECTION 23.  Amends Section 20, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), as follows: 

Sec. 20.  TRAINING PROGRAMS.  (a) Requires the board to establish a basic
training course for commissioned security officers. Sets minimum
requirements for the course.  

(b)  Deletes "instructors" from the provision which specifies that the
course must be offered and taught by instructors and schools approved by
the board.  Redesignated from Subsection (a). Makes a conforming change. 

(c) Redesignated from Subsection (b).

(d) Provides that the general security officer training portion of the
course must include  instruction on board rules and applicable state laws,
along with other specifics of the curriculum. Deletes text requiring the
course to include legal limitations on the use of firearms and the powers
and authority of a security officer, range firing and procedure, and
firearms safety and maintenance. Redesignated from Subsection (b). 

(e) Requires the board to develop a commissioned security officer training
manual that contains applicable state laws and board rules to be used in
the instructing and training of commissioned security officers.
Redesignated from Subsection (c). 

(f) Redesignated from Subsection (d).

(g) Prohibits the board from issuing a security officer commission to an
applicant employed by a licensee unless the applicant submits evidence
satisfactory to the board that the applicant has completed the basic
training course under an instructor certified, rather than approved, by the
board  and has achieved the score required by the board on the examination
under Section 20C of this Act. Deletes text prohibiting the applicant from
receiving a security officer commission unless the applicant satisfies
firearm training. Redesignated from Subsection (e). Makes conforming and
nonsubstantive changes. 

(h) Deletes text relating to the board's requirement to for an applicant to
demonstrate firearm proficiency. Redesignated from Subsection (f). Makes a
conforming change. 

(i) Redesignated from Subsection (g). 

(j) Provides that the handgun proficiency course must include at least 10
hours and not more than 15 hours of instruction on the laws that relate to
weapons and to the use of deadly force; handgun use, proficiency, and
safety; nonviolent dispute resolution; and proper storage practices for
handguns, with an emphasis on storage practices that eliminate the
possibility of accidental injury to a child.  

(k) Provides that the range instruction on handgun proficiency must include
an actual demonstration by the applicant of the applicant's ability to
safely and proficiently use a handgun. Provides that the applicant must
demonstrate, at a minimum, the degree of proficiency that is required to
effectively operate a 9-millimeter or .38-caliber handgun.  

(l) Requires the board by rule to establish minimum standards for handgun
proficiency that are at least as stringent as the standards for handgun
proficiency developed by the public safety director under Section 411.188
(Handgun Proficiency Requirement), Government Code.  

SECTION 24.  Amends Subchapter C, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Sections 20A,
20B, 20C, and 20D, as follows: 

Sec. 20A.  CERTIFIED HANDGUN INSTRUCTOR.  (a) Requires the board to certify
handgun instructors. Sets qualifications for persons to be qualified for
certification as a handgun instructor. 

(b) Requires the board to provide training to an individual who applies for
certification as a handgun instructor and who is required to pay a fee of
$100 to the board for the training. Provides that an applicant must take
and successfully complete the training offered by the board and pay the
training fee before the board is authorized to certify the applicant as a
handgun instructor. Requires the board to waive the requirements regarding
a training program or continuing education proficiency certification under
Section 20D of this Act for an applicant for a security officer commission
who takes and successfully completes training under this subsection and
pays the training fee. Authorizes the board, by rule, to prorate or waive
the training fee for an employee of another governmental entity.  

(c) Establishes a certification expiration date, renewal fee, and the
retraining courses for  a handgun instructor required by board rule. 

(d) Authorizes a handgun instructor, after certification, to conduct
training and continuing education for a security officer commission under
this subchapter.  

(e) Provides that the procedures for the review of a denial, revocation, or
suspension of a license under Section 11B(e) of this Act apply to the
review of a denial, revocation, or suspension of certification as a handgun
instructor.  

Sec. 20B.  CONTINUING EDUCATION COURSE IN HANDGUN PROFICIENCY. Requires the
board, by rule, to develop a continuing education course in handgun
proficiency required for renewal of a security officer commission.
Authorizes only a certified handgun instructor to administer the continuing
education course. Sets specifications for the course. 

Sec. 20C.  HANDGUN PROFICIENCY EXAMINATION.  Authorizes only a certified
handgun instructor to administer the handgun proficiency examination that
is required to obtain or to renew a security officer commission. Sets
specifications for the proficiency examination. 

Sec. 20D.  HANDGUN PROFICIENCY CERTIFICATE.  (a)  Requires the board to
develop sequentially numbered training program and continuing education
certificates and to distribute certificates to each certified handgun
instructor who administers the handgun proficiency examination described by
Section 20C of this Act.  Authorizes the board, by rule, to set a fee not
to exceed $5 to cover the cost of the certificates.  

(b) Requires the instructor, if a person successfully completes the
proficiency requirements as described by Section 20C, to endorse a training
program and continuing education certificate provided by the board.
Provides that an applicant must successfully complete both classroom and
range instruction to receive a certificate that must indicate the category
of any handgun for which the applicant demonstrated proficiency during the
examination.  

SECTION 25.  Amends Sections 33(c), Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act),  to make conforming and
nonsubstantive changes. 

SECTION 26.  Amends Section 36, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), as follows: 

Sec. 36. New Title: POCKET CARD.  Provides that a pocket card issued to any
individual, rather than to the individual's employer, is valid for two
years. Deletes text requiring a pocket card to be issued to a
noncommissioned security officer for a period of four years. Deletes text
referring to the renewal of a pocket card. Makes a nonsubstantive change. 

SECTION 27.  Amends Subchapter C, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Section 36A, as
follows: 

Sec. 36A.  REGISTRATION RENEWAL.  (a) Authorizes a person who is otherwise
eligible to renew a registration to renew an unexpired registration by
paying the required renewal fee to the board before the expiration date of
the registration. Prohibits a person whose registration has expired from
engaging in activities that require a registration until the registration
has been renewed. 

(b) Authorizes a person whose registration has been expired for 90 days or
less to renew the registration by paying to the board a renewal fee that is
equal to one and a half times the normally required renewal fee.  

(c) Authorizes a person whose registration has been expired for more than
90 days but less than one year to renew the registration by paying to the
board a renewal fee that is equal to two times the normally required
renewal fee.  
 (d) Prohibits a  person whose registration has been expired for one year
or more from renewing the registration. Authorizes the person to obtain a
new registration by complying with the requirements and procedures,
including any examination required by the board, for obtaining an original
registration.  

(e) Authorizes a person who was registered in this state, moved to another
state, and is still registered and has been in practice in the other state
for the two years prior to the date of application to obtain a new
registration without reexamination. Provides that the person must pay to
the board a fee that is equal to two times the normally required renewal
fee for the registration.  

(f) Requires the board, no later than 30 days before a person's
registration is scheduled to expire, to send written notice of the
impending expiration to the person at the person's last known address
according to the records of the board.  

SECTION 28.  Amends Section 37, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), as follows: 

Sec. 37.  New Title: POCKET CARD TRANSFER.  Authorizes an individual who is
registered with the board, rather than as a noncommissioned security
officer, to transfer the registration from one employer to another employer
if, no later than 10 days after the registrant begins new employment, the
new employer notifies the board of the transfer of employment on a form
prescribed by the board accompanied by the employee information update fee.
Deletes text relating to an employee returning a pocket card after
terminating employment. 

SECTION 29.  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 board to conduct a
criminal history check, including a check of any criminal history record
information maintained by the Federal Bureau of Investigation (FBI), in the
manner provided by Subchapter F (Criminal History Record Information),
Chapter 411 (Department of Public Safety of the State of Texas), 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 Act 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 no later than 120 days after 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 30.  Amends Section  44, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Subsections (h)
and (i), setting forth that a person commits a state jail offense if the
person contracts with or is employed by a bondsman as defined by Chapter
550, Acts of the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
V.T.C.S.), to secure the appearance of a person who has violated Section
38.10 (Bail Jumping and Failure to Appear), Penal Code, unless the person
is a peace officer; an individual licensed as a private investigator or the
manager of a licensed investigations company; or a commissioned security
officer.  

SECTION 31.  Amends Subchapter D, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Section 45A, as
follows: 

Sec. 45A.  LICENSE RENEWAL.  (a) Authorizes a person, who is otherwise
eligible to renew a license, to renew an unexpired license by paying the
required renewal fee to the board before the expiration date of the
license. Prohibits a person whose license has expired from engaging in
activities that require a license until the license has been renewed.  

(b) Authorizes a person whose license has been expired for 90 days or less
to renew the license by paying to the board a renewal fee that is equal to
one and a half times the normally required renewal fee.  

(c) Authorizes a person whose license has been expired for more than 90
days but less than one year to renew the license by paying to the board a
renewal fee that is equal to two times the normally required renewal fee.  

(d) Prohibits a person whose license has been expired for one year or more
from renewing the license. Authorizes the person to obtain a new license by
complying with the requirements and procedures, including the examination
requirements,  for obtaining an original license.  

(e) Authorizes a person who was licensed in this state, moved to another
state, and is still licensed and has been in practice in the other state
for the two years preceding the date of application to obtain a new license
without reexamination. Provides that the person must pay to the board a fee
that is equal to two times the normally required renewal fee for the
license.  


(f) Requires the board, no later than 30 days before a person's license is
scheduled to expire, to send written notice of the impending expiration to
the person at the person's last known address according to the records of
the board.  

SECTION 32.  Amends Subchapter D, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Section 46A, as
follows: 

Sec. 46A.  STAGGERED RENEWAL; PRORATION OF LICENSE FEE. Authorizes the
board, by rule, to adopt a system under which licenses expire on various
dates during the year. Requires the board, for the year in which the
license expiration date is changed, to prorate license fees on a monthly
basis so that each license holder pays only that portion of the license fee
that is allocable to the number of months during which the license is
valid. Provides that on renewal of the license on the new expiration date,
the total license renewal fee is payable.  

SECTION 33.  Amends Section 49, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act),  as follows: 

Sec. 49. New Title:  NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES.
Requires DPS to notify the board, and the police department and the
sheriff's department of the city and county in which, rather than wherein,
any person licensed, commissioned, or registered under this Act resides, of
the conviction of such person for a Class B misdemeanor or equivalent
offense or a greater offense, rather than a felony or a crime involving
moral turpitude. Makes conforming and nonsubstantive changes. 

SECTION 34.  Amends Section 50A, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), as follows: 

Sec. 50A.  COMPLAINTS.  (a) Requires the board to maintain a file on each
written complaint filed with the board. Specifies guidelines for the
complaint file. Deletes the  provision requiring the board to keep an
information file about each complaint filed with the board relating to a
person regulated by the board. 

(b) Requires the board to provide to the person filing the complaint and to
each person who is a subject of the complaint a copy of the board's
policies and procedures relating to complaint investigation and resolution.

(c) Requires the board, at least quarterly until final disposition of the
complaint, to notify the person filing the complaint and each person who is
a subject of the complaint of the status of the investigation unless the
notice would jeopardize an undercover investigation. Deletes the provision
requiring the board, if a written complaint is filed with the board
relating to a person regulated by the board, at least as frequently as
quarterly, to notify the parties to the complaint of the status of the
complaint until final disposition unless the notification would jeopardize
an undercover investigation.  

SECTION 35.  Amends Article 4413(29bb), V.T.C.S. (Private Investigators and
Private Security Agencies Act), by adding Subchapter E, as follows: 

SUBCHAPTER E.  ADMINISTRATIVE PENALTY

Sets forth standard Sunset language regarding the imposition of an
administrative penalty on a person who violates this Act or a rule or order
adopted under this Act. Sets forth standard Sunset language regarding the
payment and collection of the administrative penalty, and the ability of
the penalized person to petition for administrative judicial review. 

SECTION 36.  Amends Section 411.042(b), Government Code, as follows:

(b) Requires the bureau of identification and records to maintain a list of
all previous background checks for applicants for any position regulated
under the Private Investigators and Private Security Agencies Act (Article
4413(29bb),V.T.C.S.) who have undergone a criminal history background check
under Section 411.119 (Access to Criminal History Record Information: Texas
Board of Private Investigators and Private Security Agencies), if the check
indicates a Class B misdemeanor or an equivalent or greater offense.
Requires information in the law enforcement information system relating to
an active protective order to include the residence address and place of
employment or business of the person protected by the order, unless that
information is excluded from the order under Section 85.007
(Confidentiality of Certain Information), rather than Section 71.111
(Repealed), Family Code.  Makes conforming changes.  

SECTION 37.  Section 411.119, Government Code, is amended to read as
follows: 

Sec. 411.119.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS BOARD
OF PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES. Entitles the board
to obtain criminal history record information maintained by DPS, and
information maintained under Section 411.042(b) that relates to:  
 
(1)  an applicant for a letter of approval, permit, or handgun instructor
certification, in addition to an applicant for a license, registration, or
security officer commission under Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act); or 
(2)  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. (Private Investigators and Private
Security Agencies Act), rather than an applicant for a position regulated
under that Act. 
 
Makes conforming changes.

SECTION 38.  Sets forth procedures for establishing the board as a criminal
justice agency with the United States Department of Justice for the sole
purpose of directly obtaining criminal history  records maintained by the
FBI. Requires the board, if the board is recognized as a criminal justice
agency, to submit requests on criminal history records from the FBI rather
than submitting requests to DPS. Provides that if the board is not
recognized as a criminal justice agency this section has no effect. 

SECTION 39.  Sets forth the appointments of board members by the governor.

SECTION 40.  Sets forth additional aspects of the appointments of board
members by the governor. 

SECTION 41.  Makes application of this Act retroactive, as is applies to
members of the board who were appointed before the effective date. Does not
prohibit a board member's reappointment, if the board member meets the
qualifications required under this Act. 

SECTION 42.  (a) Requires  the State Office of Administrative Hearings, on
and after January 1, 2000, to assume responsibility for hearings, other
than on any summary suspension or summary denial of applications, held with
respect to contested cases arising under Article 4413(29bb), V.T.C.S.
(Private Investigators and Private Security Agencies Act), and the chief
administrative law judge of the State Office of Administrative Hearings is
authorized to agree to a transfer of contested cases pending before the
board to the State Office of Administrative Hearings before January 1,
2000.  

(b)  This Act does not require a transfer of any personnel from the board
to the State Office of Administrative Hearings.  

SECTION 43. Makes application of Sections 11B and 11E of this Act
prospective, as they apply to disciplinary action.  

SECTION 44. Makes application of Sections 14(a) and 14(a-1) of this Act
prospective, as they apply to a license application. 

SECTION 45. Makes application of Section 17 of this Act prospective, as it
applies only to a noncommissioned security officer registration. 

SECTION 46. Makes application of Sections 19(g) and 20 of this Act
prospective, as they apply only to an application for a security officer
commission. 

SECTION 47. Makes application of Sections 20A and 20C of this Act
prospective, as they apply to an application for a firearm training
instructor seeking certification. 

SECTION 48. Makes application of Section 36(a) of this Act prospective, as
it applies to a pocket card.        

SECTION 49. Makes application of Sections 36A and 45A of this Act
prospective, as they apply to the renewal of a license or registration.  

SECTION 50. Makes application of Section 39A of this Act prospective, as it
applies to a request for a criminal history record. 

SECTION 51. Makes application of Sections 44(h) and (i) of this Act
prospective, as they apply to an offense committed.  

SECTION 52. Makes application of Subchapter E of this Act prospective, as
it applies to a violation of this Act or rule or order adopted under this
Act.  

SECTION 53. Repealer:  Section 9 (Designated Representatives), Article
4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies
Act). 

Repealer:  Sections 15(e) and (f) (relating to notification of a person
concerning a licensing examination), Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security  Agencies Act). 

Repealer:  Sections 19(h) and (j) (relating to the issuance of a commission
over the objections of a sheriff or chief of police and notification of the
board of termination of employment), Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act). 

Repealer:  Section 33(d) (relating to the issuance of a commission over the
objections of a sheriff or chief or police), Article 4413(29bb), V.T.C.S.
(Private Investigators and Private Security Agencies Act). 

Repealer:  Section 38 (Cancellation of Certain Pocket Cards), Article
4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies
Act). 

Repealer:  Section 39 (Criminal History Background Checks), Article
4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies
Act). 

Repealer:  Section 45(c)-(i) (relating to the expiration and renewal of a
license), Article 4413(29bb), V.T.C.S. (Private Investigators and Private
Security Agencies Act). 

Repealer:  Section 46 (Expiration Dates of Licenses; Proration of Fees),
Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security
Agencies Act). 

SECTION 54.Effective date: September 1, 1999. 

SECTION 55.Emergency clause.