SRC-JBJ C.S.H.B. 2617 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2617
By: Bosse (Harris)
Criminal Justice
5/7/1999
Committee Report (Substituted)


DIGEST 

The Texas Board of Private Investigators and Private Security Agencies
(TBPIPSA) was created in 1969 to license businesses and people in the
private investigations and security industry.  Over time the agency's
responsibilities have been expanded to include armed car companies, alarm
system companies, guard dog companies, and courier services.  Additionally,
TBPIPSA commissions security officers to carry firearms and to perform
criminal history checks on all applicants, as well as establishing
standards for licensure, commission, and registration; developing material
for minimum required training or competency; approving schools and
instructors to teach relevant courses; and administering examinations to
qualified applicants.  Eight members compose TBIPSA, which will be
abolished on September 1, 1999, unless continued by the legislature.  As a
result of its review of the board, the Sunset Advisory Commission
recommended continuation of the agency and several statutory modifications. 

PURPOSE

As proposed, C.S.H.B. 2617 continues the Texas Board of Private
Investigators and Private Security Agencies as the Texas Commission on
Private Security. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Commission on Private Security
in SECTIONS 10, 23, 24, 25, and 32 (Sections 10B, 17A, 20(l), 20A, and 46A,
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 1, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), to authorize this Act to
be cited as the Private Security Act and to provide that any reference in
law to the Private Investigators and Private Security Agencies Act is a
reference to the Private Security Act. 

SECTION 2.  Amends Section 2, Article 4413(29bb), by amending Subdivision
(1), (4), (5), and (33), and by adding Subdivision (37), to redefine
"board," "guard company," "alarm systems company," and "detection device,"
and to define "private security consultant." 

SECTION 3.  Amends Section 3, Article 4413(29bb), V.T.C.S., to set forth
individuals to whom this act does not apply, including certain job
coordinators, persons who ascertain the reliability of insurance
information, licensed professional engineers, nonprofit organizations for
missing children, security personnel of a higher education institution, and
peace officers for a private institution of higher education.  Establishes,
however, that this Act is applicable to individuals who work at a location
that is open to the public and in the course of employment come into
contact with the public and wear certain uniforms.  Deletes text that
exempts certain expert witnesses from this Act.  Makes conforming and
nonsubstantive changes.   

SECTION 4.  Amends Section 4(d), Article 4413(29bb), V.T.C.S., to continue
the Texas Commission on Security (board), rather than the Texas Board of
Private Investigators and Private Security Agencies (TBPIPSA), until
September 1, 2009, rather than September 1, 1999.  

 SECTION 5.  Amends Subchapter B, Article 4413(29bb), V.T.C.S., by adding
Section 4A and by amending Section 5, as follows: 

Sec. 4A.  NAME CHANGE.  Changes the name of the Texas Board of Private
Investigators and Private Security Agencies to the name of the Texas
Commission on Private Security and provides that a reference in this Act to
TBPIPSA means the board. 

Sec. 5.  New heading:  COMMISSION MEMBERSHIP.  Composes the board of an ex
officio member and nine members with a certain make-up and who are
appointed by the governor with the advice and consent of the senate.
Requires the appointments to be made without regard to certain
discriminations, and to be representatives of the general public. Prohibits
a public member from being involved in certain activities and businesses of
private security. Deletes text that sets forth the makeup of the board, and
the definition for "trade association."  Makes conforming and
nonsubstantive changes. 

SECTION 6.  Amends Subchapter B, Article 4413(29bb), V.T.C.S., by adding
Sections 5A, 5B, and 5C, as follows: 

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

Sec. 5B.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  Defines "Texas trade
association."  Prohibits certain persons from being a board member,
particularly an agency employee, an individual in a "bona fide executive,
administrative, or professional capacity," or certain lobbyists.   

Sec. 5C.  TRAINING REQUIREMENTS.  Prohibits a board member from voting,
deliberating, or counting as a member in attendance until the member
completes certain training programs outlined in this section.  Entitles a
person attending the training programs to certain reimbursements for
travel. 

SECTION 7.  Amends Section 7, Article 4413(29bb), V.T.C.S., to specify that
the terms of three, rather than two, board members expire by a certain
date.  Deletes a provision that directs certain public officials from
serving on the board. 

SECTION 8.  Amends Section 10, Article 4413(29bb), V.T.C.S., by amending
Subsections (d) and (e) and adding Subsection (f), to require the director
to provide to board members and to agency employees information regarding
the requirements for office or employment.  Authorizes the board to
commission investigators as peace officers in order to assist the board in
certain investigations.  Makes conforming and nonsubstantive changes. 

SECTION 9.  Amends Section 10A, Article 4413(29bb), V.T.C.S., as follows:

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

SECTION 10.  Amends Subchapter B, Article 4413(29bb), V.T.C.S., 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 11.  Amends Sections 11(d) and (e), Article 4413(29bb), V.T.C.S.,
to require the board to recognize, prepare, or administer continuing
education programs for licensees, commissioned  security officers, and
registrants, rather than private investigators, regulated by the board, who
must participate in the board's programs to retain the license, commission,
or registration.  Provides that the continuing education requirements of
this section do not apply to a noncommissioned officer. Makes conforming
and nonsubstantive changes. 

SECTION 12.  Amends Section 11B, Article 4413(29bb), V.T.C.S., to require
the board to refuse to renew a registration, license, or commission if
certain violations of law or board policy have occurred, including a Class
B misdemeanor, except as provided by Section 11E.  Entitles a person
against whom adverse action has been taken by the board to a hearing before
the State Office of Administrative Hearings, except as provided by Section
11F, and for a summary denial or suspension.  Authorizes the board to place
on probation a person with a suspended license, and requires the person to
meet certain conditions of the probation.  Deletes violations that are
cause for suspension or removal of a license, including an act of moral
turpitude.  Makes conforming and nonsubstantive changes.   

SECTION 13.  Amends Subchapter B, Article 4413(29bb), V.T.C.S., by adding
Sections 11E and 11F, as follows: 

Sec. 11E.  REVOCATION OR REFUSAL FOR CERTAIN OFFENSES.  Requires the board
to revoke or refuse to renew a registration, license, or commission if the
applicant commits a Class A or certain Class B misdemeanors, except for an
application approved by the board under Section 11F. 

Sec. 11F.  APPEAL TO BOARD.  Authorizes an applicant to appeal the denial
of a license, registration, or commission if certain conditions are met.
Provides that a proceeding under this section is governed by Chapter 2001,
Government Code, and the board may approve the application. 

SECTION 14.  Amends Subchapter B, Article 4413(29bb), V.T.C.S., by adding
Section 11G, as follows: 

Sec. 11G.  CONVICTION OF CERTAIN CRIMES.  Sets forth conditions under which
this subchapter considers a person to be convicted of a Class B misdemeanor
offense.   

SECTION 15.  Amends Section 12(b), Article 4413(29bb), V.T.C.S., to make
nonsubstantive changes. 

SECTION 16.  Amends Section Subchapter B, Article 4413(29bb), V.T.C.S., by
adding Section 12B, as follows: 

Sec. 12B.  PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY ACTIONS.
Requires the board to make available to the public through certain media
certain information about an individual regulated by the board for whom the
board has taken certain disciplinary action, in an impartial and easily
understood manner.  Requires the board to update the information monthly
and to maintain the confidentiality of the identification of a complainant. 

SECTION 17.  Amends Section 14, Article 4413(29bb), V.T.C.S., by amending
Subsection (a) and adding Subsection (a-1), to authorize the board to deny
an application for a license if the applicant has been convicted of certain
Class B misdemeanors unless the person has been granted a full pardon.
Makes conforming and nonsubstantive changes. 

SECTION 18.  Amends Section 15, Article 4413(29bb), V.T.C.S., by amending
Subsections (a) and (c) and adding Subsection (g), to require two, rather
than one, classifiable sets of fingerprints from an applicant.  Requires,
rather than authorizes, the board to require an applicant to demonstrate
certain qualifications regarding the person's license, including knowledge
of applicable state law and board rules.  Requires the board to develop
material containing all applicable state law and board rules.  Makes
conforming and nonsubstantive changes. 

 SECTION 19.  Amends Subchapter C, Article 4413(29bb), V.T.C.S., by adding
Sections 15A, 15B, 15C, and 15D, as follows: 

Sec. 15A.  EXAMINATION RESULTS.  Requires the board to notify a person of
the results of the licensing examination, by a certain date.  Sets forth a
notification procedure if the examination is graded or reviewed by a
testing service.  Authorizes the board to require the service to notify a
person of the results of the person's examination.  Requires the board to
furnish the person with an analysis of the person's performance on the
examination, if requested by a person who fails a licensing examination.   

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

Sec. 15C.  PROVISIONAL LICENSE.  Authorizes the board to issue a
provisional license to an applicant currently licensed in another
jurisdiction who seeks an equivalent license in this state.  Sets forth
conditions the person must meet before the board offers a provisional
license.  Provides that the provisional license is valid until the board
approves or denies the application.  Sets forth criteria of which if met
the board must issue a license to the provisional license holder.  Requires
the board to deny or approve the provisional license application by a
certain date, but may extend the date if the results of the examination
have not been received.  Authorizes the board to establish a fee for
provisional licenses to recover the costs of issuing the license. 

Sec. 15D.  PROVISIONAL REGISTRATION.  Authorizes the board to issue a
provisional registration to an applicant currently licensed in another
jurisdiction who seeks an equivalent registration in this state.  Sets
forth conditions the person must meet before the board offers a provisional
registration.  Provides that the provisional registration is valid until
the board approves or denies the application.  Sets forth criteria that if
met the board must issue a license to the provisional registration holder.
Requires the board to deny or approve the provisional registration
application by a certain date, but may extend the date if the results of
the examination have not been received.  Authorizes the board to establish
a fee for provisional registrations to recover the costs of issuing the
registration.   

SECTION 20.  Amends Sections 17(a) and (d), Article 4413(29bb), V.T.C.S.,
to provide for a renewal fee for noncommissioned security officers and a
fee for a letter of authority renewal fee for private businesses and
political subdivisions.  Sets forth new fees for certain activities.
Provides that registration for a noncommissioned officer is two years,
rather than four years, from the date of registration.  Deletes text that
excepts from certain license requirements certain alarm systems installers
or security sales persons.   

SECTION 21.  Amends Subchapter C, Article 4413(29bb), V.T.C.S., 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 under this Act.  Permits
the rules to authorize electronic funds transfer or certain credit cards,
and 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 22.  Amends Section 18(b), Article 4413(29bb), V.T.C.S., to make
conforming and nonsubstantive changes. 

SECTION 23.  Amends Section 19(1), Article 4413(29bb), V.T.C.S., to
authorize a holder of a security officer commission to transfer the
commission to a new employer if, not later than the 14th day, rather than
the 10th day, after the date on which the holder begins new employment, the
new employer notifies the board of the transfers of employment.  
 
SECTION 24.  Amends Section 20, Article 4413(29bb), V.T.C.S., to set forth
minimum requirements for a course for commissioned security officers.
Requires the general security officer training portion of the course to
include certain instructions regarding board rules, rather than familiarity
with firearms and this Act.  Requires the commissioned security officer
training manual to contain applicable state laws and board rules.
Prohibits the board from issuing the commission if the applicant has not
achieved a minimum score, rather than satisfied his firearm training
instructor with a certain marksmanship.  Sets forth certain objective
standards and other requirements for the handgun proficiency course and
exam.  Requires the board to establish, by rule, minimum standards for
handgun proficiency that meet certain stringency levels.  Deletes a
requirement that the board require the officers and other applicants to
demonstrate certain proficiencies with firearms.  Makes conforming changes
and nonsubstantive changes. 

SECTION 25.  Amends Subchapter C, Article 4413(29bb), V.T.C.S., by adding
Sections 20A and 20B, as follows: 

Sec. 20A.  CONTINUING EDUCATION COURSE IN HANDGUN PROFICIENCY. Requires the
board to develop, by rule, a continuing education course in handgun
proficiency. Provides that only a board-approved instructor may administer
the course.  Sets forth proficiency requirements for the course.  

Sec. 20B.  HANDGUN PROFICIENCY EXAMINATION.  Authorizes only a
boardapproved instructor to administer the handgun course, and sets forth
requirements for the course.  Makes conforming changes.   

SECTION 26.  Amends Section 36, Article 4413(29bb), V.T.C.S., as follows:

Sec. 36.  New heading:  POCKET CARD.  Deletes text requiring certain
notification for a pocket card.  Makes conforming changes. 

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

Sec. 36A.  REGISTRATION RENEWAL.  Authorizes certain persons to renew an
unexpired registration by paying a 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.  Sets forth registration and fee
requirements for other persons who have an expired registration, except for
those with a registration expired for more than one year, who are
prohibited from registering.  Authorizes the person to obtain a new
registration, including those who were registered in another state, by
complying with certain requirements and procedures.  Requires the board to
send written notice of the impending registration to the person by a
certain date. 

SECTION 28.  Amends Section 37, Article 4413(29bb), V.T.C.S., as follows:

Sec. 37.  New heading:  POCKET CARD TRANSFER.  Deletes a requirement that
certain persons return their pocket cards to their employer upon
termination of their employment with that employer.  Makes conforming
changes. 

SECTION 29.  Amends Subchapter C, Article 4413(29bb), V.T.C.S., by adding
Section 39A, as follows: 

Sec. 39A.  CRIMINAL HISTORY CHECK.  Requires the board to conduct a
criminal history check on the applicants.  Provides that an applicant is
disqualified if the check reveals the applicant committed certain acts that
constitute grounds for the disqualification. Requires the applicant to
include two sets of fingerprints.  Requires the person to be approved by
the board based on the results of the background check, prior to being
employed as an officer or re-employed.  Conditions the issuance of the
licenses and other certifications by the board upon the receipt of the
criminal history information. 

 SECTION 30.  Amends Section 44, Article 4413(29bb), V.T.C.S., by adding
Subsections (h) and (i), to provide that a person commits an offense if the
person contracts with a bondsman, except under certain conditions, which is
a state jail felony. 

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

Sec. 45A.  LICENSE RENEWAL.  Authorizes a person to renew an unexpired
license by paying the requisite fee before the expiration date.  Prohibits
a person with an expired license from engaging in activities that require a
license to be renewed.  Sets forth registration and fee requirements for
other persons who have an expired license except for those with a
registration expired for more than one year because they are prohibited
from registering. Authorizes the person to obtain a new license, including
those who were registered in another state, by complying with certain
requirements and procedures.  Requires the board to send written notice of
the impending registration to the person by a certain date. 

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

Sec. 46A.  STAGGERED RENEWAL; PRORATION OF LICENSE FEE.  Require the board
to adopt, by rule, a system under which licenses expire on various date
during the year. Requires the board to perform certain proration of license
fees on a monthly basis, where the total fee is payable on the renewal of
the license on the new expiration date. 

SECTION 33.  Amends Section 49, Article 4413(29bb), V.T.C.S., as follows:

Sec. 49.  New heading:  NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES.
Makes conforming changes. 

SECTION 34.  Amends Section 50A, Article 4413(29bb), V.T.C.S., to require
the board to maintain a file on each written complain filed with the board,
and that the file must include certain information.  Requires the board to
provide to the person filing the complaint a copy of the board's policies
and procedures regarding the complaint process.  Requires the board to
provide to each person who is the subject of the complaint a copy of the
board's complaint policies and processes, and to notify them of the status
of the investigation at least quarterly.  Deletes a provision requiring the
board to notify the parties of the complaint in the event notification may
jeopardize an undercover investigation.   

SECTION 35.  Amends Article 4413(29bb), V.T.C.S., by adding Subchapter E,
as follows: 

SUBCHAPTER E.  ADMINISTRATIVE PENALTY

Sections 61-73.  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 Article 2.12, Code of Criminal Procedure, to provide
that board investigators commissioned by the board under Section 10(f),
Article 4413(29bb), V.T.C.S., are peace officers. 

SECTION 37.  Amends Section 411.042(b), Code of Criminal Procedure, to
require the bureau of identification and records to maintain a list of all
previous background checks for applicants for any position regulated under
Article 4413(29bb), V.T.C.S., who have undergone a criminal history
background check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense.  Makes conforming
changes. 

SECTION 38.  Amends Section 411.119, Government Code, as follows:
 
Sec. 411.119.  New heading:  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
TEXAS COMMISSION ON PRIVATE SECURITY.  Authorizes the board to obtain
criminal records for certain purposes.  Makes conforming changes. 

SECTION 39.  (a)  Provides that the board is a criminal justice agency for
the sole purpose of directly obtaining criminal history records maintained
by the Federal Bureau of Investigation (FBI). 

(b)  Requires the directors of the board to request from the U.S.
Department of Justice a determination letter as to whether the board is
recognized as a criminal justice agency for the purpose of obtaining
criminal histories maintained by the FBI. 

(c)  Requires the director to give the letter to the secretary of state for
publication in the Texas Register, upon receipt of the response. 

(d)  Establishes that if the letter grants recognition as a criminal
justice agency, the board shall directly request the FBI rather than making
the request through the Department of Public Safety.  Provides that this
section has no effect if the letter does not grant recognition as criminal
justice agency. 

SECTION 40.  (a)  Requires the governor to appoint certain members to the
board.  Sets forth the composition and terms of office of the members the
governor appoints. 

SECTION 41.  Sets forth procedures for the governor to appoint vacancies to
the board. 

SECTION 42.  Makes application of this Act prospective.

SECTION 43.  Provides that the State Office of Administrative Hearings
shall assume responsibility for the hearings on and after January 1, 2000,
and the chief administrative law judge may agree to a transfer of contested
cases pending before the board before January 1, 2000.  Provides that this
Act does not require a transfer of any personnel from the board to the
Office of Administrative Hearings. 

SECTIONS 44-53.  Makes application of this Act prospective.

SECTION 54.  Repealers:  Sections 9, 15(e) and (f); 19(g), (h), and (j);
33(c) and (d); 38; 39; 41; 43; 45(c)-(i); and 46, Article 4413(29bb),
V.T.C.S. (Private Investigators and Private Security Agencies Act). 

SECTION 55.Effective date: September 1, 1999.

SECTION 56.Emergency clause.
  

SUMMARY OF COMMITTEE CHANGES

SECTION 2.

Amends Section 2(37), Article 4412(29bb), to delete the proposed definition
for "extra job coordinator," and to add the definition for "private
security consultant." 

SECTION 3.

Amends Section 3(a)(3), Article 4412(29bb), V.T.C.S., to exempt certain
extra job coordinators and peace officers in a municipality with a
population of 1 million or more from this Act. 

SECTION 4.

Amends Section 4(d), Article 4413(29bb), V.T.C.S., to provide that this Act
expires on  September 1, 2009, rather than September 1, 2003. 

SECTION 9.

Amends Section 10A, Article 4413(29bb), V.T.C.S., to remove the deletion of
creed as a discrimination of which the director must maintain a policy. 

SECTION 12.

Amends Section 11B(e), Article 4413(29bb), V.T.C.S., to provide an
exception to certain persons who are entitled to a hearing.  

SECTION 13.

Amends Subchapter B, Article 4413(29bb), V.T.C.S., to amend Section 11E, to
provide an exception regarding certain offenses, and to add Section 11F,
regarding an appeal to board. 

SECTION 14.

 Amends Section 11G, Article 4413(29bb), V.T.C.S., to make conforming
changes. 

SECTION 17.

Deletes proposed Section 13(d), Article 4413(29bb), regarding a prohibition
against a political  subdivision offering certain alarm system sales,
services, installations, or monitorings. 

 Redesignates SECTIONS 18-46 as SECTIONS 17-45.

SECTION 20.

 Amends Section 17a, Article 4413(29bb), V.T.C.S., to include another fee
and to update fees. 

SECTION 24.

 Amends Section 20(g), Article 4413(29bb), V.T.C.S., to make nonsubstantive
changes. 

SECTION 46.

 Adds a prospective clause.