By Longoria                                            H.B. No. 394
         76R945 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the exemption of certain peace officers from provisions
 1-3     of the Private Investigators and Private Security Agencies Act.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 3(a), Private Investigators and Private
 1-6     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 1-7     Statutes), is amended to read as follows:
 1-8           (a)  This Act does not apply to:
 1-9                 (1)  a person employed exclusively and regularly by one
1-10     employer in connection with the affairs of an employer only and
1-11     where there exists an employer-employee relationship; provided,
1-12     however, any person who shall carry a firearm in the course of his
1-13     employment shall be required to obtain a private security officer
1-14     commission under the provisions of this Act;
1-15                 (2)  except as provided by Subsection (d) of this
1-16     Section, an officer or employee of the United States of America, or
1-17     of this State or political subdivision of either, while the
1-18     employee or officer is engaged in the performance of official
1-19     duties;
1-20                 (3)  a person who is [has full-time employment as] a
1-21     peace officer and [,] who receives compensation for private
1-22     employment on an individual or an independent contractor basis as a
1-23     patrolman, guard, or watchman if the officer:
1-24                       (A)  is employed in an employee-employer
 2-1     relationship or employed on an individual contractual basis; and
 2-2                       (B)  is not in the employ of another peace
 2-3     officer;
 2-4                       [(C)  is not a reserve peace officer; and]
 2-5                       [(D)  works as a peace officer on the average of
 2-6     at least 32 hours a week, is compensated by the state or a
 2-7     political subdivision of the state at the rate of the minimum wage
 2-8     or higher, and is entitled to all employee benefits offered to a
 2-9     peace officer by the state or political subdivision;]
2-10                 (4)  a person engaged exclusively in the business of
2-11     obtaining and furnishing information for purposes of credit
2-12     worthiness or collecting debts or ascertaining the financial
2-13     responsibility of applicants for property insurance and for
2-14     indemnity or surety bonds, with respect to persons, firms, and
2-15     corporations;
2-16                 (5)  an attorney-at-law in performing his duties;
2-17                 (6)  admitted insurers, insurance adjusters, agents,
2-18     and insurance brokers licensed by the State, performing duties in
2-19     connection with insurance transacted by them;
2-20                 (7)  a person who engages exclusively in the business
2-21     of repossessing property that is secured by a mortgage or other
2-22     security interest;
2-23                 (8)  a locksmith who does not install or service
2-24     detection devices, does not conduct investigations, and is not a
2-25     security service contractor;
2-26                 (9)  a person who owns and installs burglar detection
2-27     or alarm devices on his own property or, if he does not charge for
 3-1     the device or its installation, installs it for the protection of
 3-2     his personal property located on another's property, and does not
 3-3     install the devices as a normal business practice on the property
 3-4     of another;
 3-5                 (10)  an employee of a cattle association who is
 3-6     engaged in inspection of brands of livestock under the authority
 3-7     granted to that cattle association by the Packers and Stockyards
 3-8     Division of the United States Department of Agriculture;
 3-9                 (11)  a common carrier by rail engaged in interstate
3-10     commerce and regulated by state and federal authorities and
3-11     transporting commodities essential to the national defense and to
3-12     the general welfare and safety of the community;
3-13                 (12)  a registered professional engineer practicing in
3-14     accordance with the provisions of the Texas Engineering Practice
3-15     Act that does not install or service detection devices, does not
3-16     conduct nonengineering investigations, is performing forensic
3-17     engineering studies, and is not a security services contractor;
3-18                 (13)  a person whose sale of burglar alarm signal
3-19     devices, burglary alarms, television cameras, still cameras, or
3-20     other electrical, mechanical, or electronic devices used for
3-21     preventing or detecting burglary, theft, shoplifting, pilferage, or
3-22     other losses is exclusively over-the-counter or by mail order;
3-23                 (14)  a person who holds a license or other form of
3-24     permission issued by an incorporated city or town to practice as an
3-25     electrician and who installs fire or smoke detectors in no building
3-26     other than a single family or multifamily residence;
3-27                 (15)  a person or organization in the business of
 4-1     building construction that installs electrical wiring and devices
 4-2     that may include in part the installation of a burglar alarm or
 4-3     detection device if:
 4-4                       (A)  the person or organization is a party to a
 4-5     contract that provides that the installation will be performed
 4-6     under the direct supervision of and inspected and certified by a
 4-7     person or organization licensed to install and certify such an
 4-8     alarm or detection device and that the licensee assumes full
 4-9     responsibility for the installation of the alarm or detection
4-10     device; and
4-11                       (B)  the person or organization does not service
4-12     or maintain burglar alarms or detection devices;
4-13                 (16)  a reserve peace officer while the reserve officer
4-14     is performing guard, patrolman, or watchman duties for a county and
4-15     is being compensated solely by that county;
4-16                 (17)  response to a burglar alarm or detection device
4-17     by a law enforcement agency or by a law enforcement officer acting
4-18     in an official capacity;
4-19                 (18)  a person who, by education, experience, or
4-20     background has specialized expertise or knowledge such as that
4-21     which would qualify or tend to qualify such person as an expert
4-22     witness, authorized to render opinions in proceedings conducted in
4-23     a court, administrative agency, or governing body of this state or
4-24     of the United States, in accordance with applicable rules and
4-25     regulations and who does not perform any other service for which a
4-26     license is required by provisions of this Act;
4-27                 (19)  an officer, employee, or agent of a common
 5-1     carrier, as defined by Section 153(10), Communications Act of 1934
 5-2     (47 U.S.C.A. Sec.  151 et seq.), while protecting the carrier or a
 5-3     user of the carrier's long-distance services from a fraudulent,
 5-4     unlawful, or abusive use of those long-distance services;
 5-5                 (20)  a person who sells or installs automobile burglar
 5-6     alarm devices and that does not perform any other act that requires
 5-7     a license under this Act;
 5-8                 (21)  a manufacturer, or a manufacturer's authorized
 5-9     distributor, who sells to the holder of a license under this Act
5-10     equipment used in the operations for which the holder is required
5-11     to be licensed;
5-12                 (22)  a person employed as a noncommissioned security
5-13     officer by a political subdivision of this state;
5-14                 (23)  a person whose activities are regulated under
5-15     Article 5.43-2, Insurance Code, except to the extent that those
5-16     activities are specifically regulated under this Act;
5-17                 (24)  a landman performing activities in the course and
5-18     scope of the landman's business;
5-19                 (25)  a hospital or a wholly owned subsidiary or
5-20     affiliate of a hospital that provides medical alert services for
5-21     persons who are sick or disabled, if the hospital, subsidiary, or
5-22     affiliate is licensed under Chapter 241, Health and Safety Code,
5-23     and the hospital does not perform any other service that requires a
5-24     license under this Act;
5-25                 (26)  a charitable, nonprofit organization that
5-26     provides medical alert services for persons who are sick or
5-27     disabled, if the organization:
 6-1                       (A)  is exempt from taxation under Section
 6-2     501(c)(3), Internal Revenue Code of 1986;
 6-3                       (B)  has its monitoring services provided by a
 6-4     licensed person, licensed nurse, licensed physician assistant, or
 6-5     hospital or a wholly owned subsidiary or affiliate of a hospital
 6-6     licensed under Chapter 241, Health and Safety Code; and
 6-7                       (C)  does not perform any other service that
 6-8     requires a license under this Act;
 6-9                 (27)  a person engaged in the business of electronic
6-10     monitoring of a person as a condition of that person's probation,
6-11     parole, mandatory supervision, or release on bail, if the person
6-12     does not perform any other service that requires a license under
6-13     this Act;
6-14                 (28)  a nonprofit business or civic organization that:
6-15                       (A)  employs one or more peace officers meeting
6-16     the qualifications of Subdivision (3) of this subsection as
6-17     patrolmen, guards, or watchmen;
6-18                       (B)  provides the services of these peace
6-19     officers only to:
6-20                             (i)  its members; or
6-21                             (ii)  if the organization does not have
6-22     members, the members of the communities served by the organization
6-23     as described in its articles of incorporation or other
6-24     organizational documents;
6-25                       (C)  devotes the net receipts from all charges
6-26     for the services exclusively to the cost of providing the services
6-27     or to the costs of other services for the enhancement of the
 7-1     security or safety of:
 7-2                             (i)  its members; or
 7-3                             (ii)  if the organization does not have
 7-4     members, the members of the communities served by the organization
 7-5     as described in its articles of incorporation or other
 7-6     organizational documents; and
 7-7                       (D)  does not perform any other service that
 7-8     requires a license under this Act;
 7-9                 (29)  a charitable, nonprofit organization that
7-10     maintains a system of records to aid in the location of missing
7-11     children if the organization:
7-12                       (A)  is exempt from federal taxation under
7-13     Section 501(c)(3), Internal Revenue Code of 1986, and its
7-14     subsequent amendments;
7-15                       (B)  exclusively provides services related to
7-16     locating missing children; and
7-17                       (C)  does not perform any other service that
7-18     requires a license under this Act;
7-19                 (30)  a person engaged in the business of psychological
7-20     testing or other testing and interviewing services (to include but
7-21     not limited to attitudes, honesty, intelligence, personality, and
7-22     skills) for preemployment purposes, if the person does not perform
7-23     any other service that requires a license under this Act;
7-24                 (31)  a person who does not perform any other act that
7-25     requires a license under this Act, and who is engaged in obtaining
7-26     information classified as a public record under Chapter 552,
7-27     Government Code, regardless of whether for compensation, unless the
 8-1     person is a full-time employee, as defined by Section 61.001, Labor
 8-2     Code, of a person licensed under this Act; or
 8-3                 (32)  a person who obtains a document for use in
 8-4     litigation under an authorization or subpoena issued for a written
 8-5     or oral deposition.
 8-6           SECTION 2.  The importance of this legislation and the
 8-7     crowded condition of the calendars in both houses create an
 8-8     emergency and an imperative public necessity that the
 8-9     constitutional rule requiring bills to be read on three several
8-10     days in each house be suspended, and this rule is hereby suspended,
8-11     and that this Act take effect and be in force from and after its
8-12     passage, and it is so enacted.