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.