76R8401 BDH-D                           
         By Jones of Brazos, McReynolds, Hawley,                H.B. No. 949
            et al. 
         Substitute the following for H.B. No. 949:
         By Turner of Coleman                               C.S.H.B. No. 949
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application of the Private Investigators and
 1-3     Private Security Agencies Act to reserve peace officers in certain
 1-4     counties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 2, Private Investigators and Private
 1-7     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 1-8     Statutes), is amended by adding Subdivision (37) to read as
 1-9     follows:
1-10                 (37)  "Reserve peace officer endorsement" means an
1-11     endorsement granted by the board to a reserve peace officer
1-12     authorizing the officer to provide guard company services within
1-13     the county in which the officer maintains the officer's status as a
1-14     reserve peace officer.
1-15           SECTION 2.  Section 3(a), Private Investigators and Private
1-16     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-17     Statutes), is amended to read as follows:
1-18           (a)  This Act does not apply to:
1-19                 (1)  a person employed exclusively and regularly by one
1-20     employer in connection with the affairs of an employer only and
1-21     where there exists an employer-employee relationship;  provided,
1-22     however, any person who shall carry a firearm in the course of his
1-23     employment shall be required to obtain a private security officer
1-24     commission under the provisions of this Act;
 2-1                 (2)  except as provided by Subsection (d) of this
 2-2     Section, an officer or employee of the United States of America, or
 2-3     of this State or political subdivision of either, while the
 2-4     employee or officer is engaged in the performance of official
 2-5     duties;
 2-6                 (3)  a person who has full-time employment as a peace
 2-7     officer, who receives compensation  for private employment on an
 2-8     individual or an independent contractor basis as a patrolman,
 2-9     guard, or watchman if the officer:
2-10                       (A)  is employed in an employee-employer
2-11     relationship or employed on an individual contractual basis;
2-12                       (B)  is not in the employ of another peace
2-13     officer;
2-14                       (C)  is not a reserve peace officer; and
2-15                       (D)  works as a peace officer on the average of
2-16     at least 32 hours a week, is compensated by the state or a
2-17     political subdivision of the state at the rate of the minimum wage
2-18     or higher, and is entitled to all employee benefits offered to a
2-19     peace officer by the state or political subdivision;
2-20                 (4)  a person who is a reserve peace officer for a
2-21     county with a population of less than 85,000, while the person
2-22     performs guard company services in the county, if the person:
2-23                       (A)  performs the guard company services in an
2-24     employee-employer relationship or on an individual contractual
2-25     basis;
2-26                       (B)  has received a reserve peace officer
2-27     endorsement from the board; and
 3-1                       (C)  maintains current proof of liability
 3-2     insurance on file with the board under Section 40 of this Act;
 3-3                 (5)  a person engaged exclusively in the business of
 3-4     obtaining and furnishing information for purposes of credit
 3-5     worthiness or collecting debts or ascertaining the financial
 3-6     responsibility of applicants for property insurance and for
 3-7     indemnity or surety bonds, with respect to persons, firms, and
 3-8     corporations;
 3-9                 (6) [(5)]  an attorney-at-law in performing his duties;
3-10                 (7) [(6)]  admitted insurers, insurance adjusters,
3-11     agents, and insurance brokers licensed by the State, performing
3-12     duties in connection with insurance transacted by them;
3-13                 (8) [(7)]  a person who engages exclusively in the
3-14     business of repossessing property that is secured by a mortgage or
3-15     other security interest;
3-16                 (9) [(8)]  a locksmith who does not install or service
3-17     detection devices, does not conduct investigations, and is not a
3-18     security service contractor;
3-19                 (10) [(9)]  a person who owns and installs burglar
3-20     detection or alarm devices on his own property or, if he does not
3-21     charge for the device or its installation, installs it for the
3-22     protection of his personal property located on another's property,
3-23     and does not install the devices as a normal business practice on
3-24     the property of another;
3-25                 (11) [(10)]  an employee of a cattle association who is
3-26     engaged in inspection of brands of livestock under the authority
3-27     granted to that cattle association by the Packers and Stockyards
 4-1     Division of the United States Department of Agriculture;
 4-2                 (12) [(11)]  a common carrier by rail engaged in
 4-3     interstate commerce and regulated by state and federal authorities
 4-4     and transporting commodities essential to the national defense and
 4-5     to the general welfare and safety of the community;
 4-6                 (13) [(12)]  a registered professional engineer
 4-7     practicing in accordance with the provisions of the Texas
 4-8     Engineering Practice Act that does not install or service detection
 4-9     devices, does not conduct nonengineering investigations, is
4-10     performing forensic engineering studies, and is not a security
4-11     services contractor;
4-12                 (14) [(13)]  a person whose sale of burglar alarm
4-13     signal devices, burglary alarms, television cameras, still cameras,
4-14     or other electrical, mechanical, or electronic devices used for
4-15     preventing or detecting burglary, theft, shoplifting, pilferage, or
4-16     other losses is exclusively over-the-counter or by mail order;
4-17                 (15) [(14)]  a person who holds a license or other form
4-18     of permission issued by an incorporated city or town to practice as
4-19     an electrician and who installs fire or smoke detectors in no
4-20     building other than a single family or multifamily residence;
4-21                 (16) [(15)]  a person or organization in the business
4-22     of building construction that installs electrical wiring and
4-23     devices that may include in part the installation of a burglar
4-24     alarm or detection device if:
4-25                       (A)  the person or organization is a party to a
4-26     contract that provides that the installation will be performed
4-27     under the direct supervision of and inspected and certified by a
 5-1     person or organization licensed to install and certify such an
 5-2     alarm or detection device and that the licensee assumes full
 5-3     responsibility for the installation of the alarm or detection
 5-4     device; and
 5-5                       (B)  the person or organization does not service
 5-6     or maintain burglar alarms or detection devices;
 5-7                 (17) [(16)]  a reserve peace officer while the reserve
 5-8     officer is performing guard, patrolman, or watchman duties for a
 5-9     county and is being compensated solely by that county;
5-10                 (18) [(17)]  response to a burglar alarm or detection
5-11     device by a law enforcement agency or by a law enforcement officer
5-12     acting in an official capacity;
5-13                 (19) [(18)]  a person who, by education, experience, or
5-14     background has specialized expertise or knowledge such as that
5-15     which would qualify or tend to qualify such person as an expert
5-16     witness, authorized to render opinions in proceedings conducted in
5-17     a court, administrative agency, or governing body of this state or
5-18     of the United States, in accordance with applicable rules and
5-19     regulations and who does not perform any other service for which a
5-20     license is required by provisions of this Act;
5-21                 (20) [(19)]  an officer, employee, or agent of a common
5-22     carrier, as defined by Section 153(10), Communications Act of 1934
5-23     (47 U.S.C.A.  Sec. 151 et seq.), while protecting the carrier or a
5-24     user of the carrier's long-distance services from a fraudulent,
5-25     unlawful, or abusive use of those long-distance services;
5-26                 (21) [(20)]  a person who sells or installs automobile
5-27     burglar alarm devices and that does not perform any other act that
 6-1     requires a license under this Act;
 6-2                 (22) [(21)]  a manufacturer, or a manufacturer's
 6-3     authorized distributor, who sells to the holder of a license under
 6-4     this Act equipment used in the operations for which the holder is
 6-5     required to be licensed;
 6-6                 (23) [(22)]  a person employed as a noncommissioned
 6-7     security officer by a political subdivision of this state;
 6-8                 (24) [(23)]  a person whose activities are regulated
 6-9     under  Article 5.43-2, Insurance Code, except to the extent that
6-10     those activities are specifically regulated under this Act;
6-11                 (25) [(24)]  a landman performing activities in the
6-12     course and scope of the landman's business;
6-13                 (26) [(25)]  a hospital or a wholly owned subsidiary or
6-14     affiliate of a hospital that provides medical alert services for
6-15     persons who are sick or disabled, if the hospital, subsidiary, or
6-16     affiliate is licensed under Chapter 241, Health and Safety Code,
6-17     and the hospital does not perform any other service that requires a
6-18     license under this Act;
6-19                 (27) [(26)]  a charitable, nonprofit organization that
6-20     provides medical alert services for persons who are sick or
6-21     disabled, if the organization:
6-22                       (A)  is exempt from taxation under Section
6-23     501(c)(3), Internal Revenue Code of 1986;
6-24                       (B)  has its monitoring services provided by a
6-25     licensed person, licensed nurse, licensed physician assistant, or
6-26     hospital or a wholly owned subsidiary or affiliate of a hospital
6-27     licensed under Chapter 241, Health and Safety Code; and
 7-1                       (C)  does not perform any other service that
 7-2     requires a license under this Act;
 7-3                 (28) [(27)]  a person engaged in the business of
 7-4     electronic monitoring of a person as a condition of that person's
 7-5     probation, parole, mandatory supervision, or release on bail, if
 7-6     the person does not perform any other service that requires a
 7-7     license under this Act;
 7-8                 (29) [(28)]  a nonprofit business or civic organization
 7-9     that:
7-10                       (A)  employs one or more peace officers meeting
7-11     the qualifications of Subdivision (3) of this subsection as
7-12     patrolmen, guards, or watchmen;
7-13                       (B)  provides the services of these peace
7-14     officers only to:
7-15                             (i)  its members; or
7-16                             (ii)  if the organization does not have
7-17     members, the members of the communities served by the organization
7-18     as described in its articles of incorporation or other
7-19     organizational documents;
7-20                       (C)  devotes the net receipts from all charges
7-21     for the services exclusively to the cost of providing the services
7-22     or to the costs of other services for the enhancement of the
7-23     security or safety of:
7-24                             (i)  its members; or
7-25                             (ii)  if the organization does not have
7-26     members, the members of the communities served by the organization
7-27     as described in its articles of incorporation or other
 8-1     organizational documents; and
 8-2                       (D)  does not perform any other service that
 8-3     requires a license under this Act;
 8-4                 (30) [(29)]  a charitable, nonprofit organization that
 8-5     maintains a system of records to aid in the location of missing
 8-6     children if the organization:
 8-7                       (A)  is exempt from federal taxation under
 8-8     Section 501(c)(3), Internal Revenue Code of 1986, and its
 8-9     subsequent amendments;
8-10                       (B)  exclusively provides services related to
8-11     locating missing children; and
8-12                       (C)  does not perform any other service that
8-13     requires a license under this Act;
8-14                 (31) [(30)]  a person engaged in the business of
8-15     psychological testing or other testing and interviewing services
8-16     (to include but not limited to attitudes, honesty, intelligence,
8-17     personality, and skills) for preemployment purposes, if the person
8-18     does not perform any other service that requires a license under
8-19     this Act;
8-20                 (32) [(31)]  a person who does not perform any other
8-21     act that requires a license under this Act, and who is engaged in
8-22     obtaining information classified as a public record under Chapter
8-23     552, Government Code, regardless of whether for compensation,
8-24     unless the person is a full-time employee, as defined by Section
8-25     61.001, Labor Code, of a person licensed under this Act; or
8-26                 (33) [(32)]  a person who obtains a document for use in
8-27     litigation under an authorization or subpoena issued for a written
 9-1     or oral deposition.
 9-2           SECTION 3.  Subchapter C, Private Investigators and Private
 9-3     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 9-4     Statutes), is amended by adding Section 14C to read as follows:
 9-5           Sec. 14C.  RESERVE PEACE OFFICER ENDORSEMENT.  (a)  The board
 9-6     shall adopt rules for administration and issuance of a reserve
 9-7     peace officer endorsement under this section.
 9-8           (b)  The board may not require a person applying for or
 9-9     renewing a reserve peace officer endorsement under this section to
9-10     submit fingerprints for classification by the Department of Public
9-11     Safety or the Federal Bureau of Investigation.
9-12           (c)  A reserve peace officer endorsement is a license for
9-13     purposes of enforcement under Section 13 of this Act.
9-14           (d)  A person who holds a reserve peace officer endorsement
9-15     under this section must:
9-16                 (1)  notify the board promptly in writing of any change
9-17     of address; and
9-18                 (2)  surrender the endorsement to the board on
9-19     termination of the person's status as a reserve peace officer in
9-20     the county in which the person performs guard company services.
9-21           SECTION 4.  Section 17(a), Private Investigators and Private
9-22     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
9-23     Statutes), is amended to read as follows:
9-24           (a)  If the General Appropriations Act does not specify the
9-25     amount of the fee, the board by rule shall establish reasonable and
9-26     necessary fees that produce funds sufficient for the administration
9-27     of this Act but that do not produce unnecessary fund balances and
 10-1    do not exceed the following amounts:
 10-2          Class A license (original and renewal)                   $225
 10-3          Class B license (original and renewal)                    225
 10-4          Class C license (original and renewal)                    340
 10-5          Reinstate suspended license                               150
 10-6          Assignment of license                                     150
 10-7          Change name of license                                     75
 10-8          Delinquency fee                                         _____
 10-9          Branch office certificate and renewal                     150
10-10          Registration fee for private investigators, managers, branch
10-11    office managers, and alarm systems installers (original and
10-12    renewal)                                                         20
10-13          Registration fee for noncommissioned security officer      35
10-14          Registration fee for security sales person                 20
10-15          Registration fee for alarm systems monitor                 20
10-16          Registration fee for dog trainer                           20
10-17          Registration fee for owner, officer, partner, or shareholder
10-18    of a licensee                                                    20
10-19          Registration fee for security consultants                  55
10-20          Security officer commission fee (original and renewal)     35
10-21          School instructor fee (original and renewal)              100
10-22          School approval fee (original and renewal)                250
10-23          Letter of authority fee for private businesses and political
10-24    subdivisions (original and renewal)                             225
10-25          FBI fingerprint check                                      25
10-26          Duplicate pocket card                                      10
10-27          Employee information update fee                            15
 11-1          Burglar alarm sellers renewal fee                          25
 11-2          Personal protection authorization                          50
 11-3          Reserve peace officer endorsement                          25
 11-4          SECTION 5.  This Act takes effect September 1, 1999.
 11-5          SECTION 6.  The importance of this legislation and the
 11-6    crowded condition of the calendars in both houses create an
 11-7    emergency and an imperative public necessity that the
 11-8    constitutional rule requiring bills to be read on three several
 11-9    days in each house be suspended, and this rule is hereby suspended.