By Wise H.B. No. 2215
76R1171 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal history checks for certain applicants under
1-3 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. Subchapter C, Private Investigators and Private
1-6 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-7 Statutes), is amended by adding Section 39A to read as follows:
1-8 Sec. 39A. CRIMINAL HISTORY CHECK. (a) The board shall
1-9 conduct a criminal history check, including a check of any criminal
1-10 history record information maintained by the Federal Bureau of
1-11 Investigation, in the manner provided by Subchapter F, Chapter 411,
1-12 Government Code, on each applicant for a license, registration,
1-13 security officer commission, letter of approval, permit, or
1-14 certification. An applicant is not eligible for a license,
1-15 registration, commission, letter of approval, permit, or
1-16 certification if the check reveals that the applicant has committed
1-17 an act that constitutes grounds for the denial of the license,
1-18 registration, commission, letter of approval, permit, or
1-19 certification. Each applicant shall include in the application two
1-20 complete sets of fingerprints on forms prescribed by the board
1-21 accompanied by the fee set by the board.
1-22 (b) Before beginning employment as a commissioned security
1-23 officer, the applicant must be approved by the board based on the
1-24 results of the check conducted under Subsection (a) of this
2-1 section. To continue employment in a capacity regulated under this
2-2 Act, other than as a commissioned security officer, the applicant
2-3 must be approved by the board based on the results of the check
2-4 conducted under Subsection (a) of this section not later than the
2-5 120th day after the date the applicant begins employment in that
2-6 capacity.
2-7 (c) A license, registration, security officer commission,
2-8 letter of approval, permit, or certification issued by the board is
2-9 conditional on the board's receipt of criminal history record
2-10 information.
2-11 SECTION 2. Section 411.119, Government Code, is amended to
2-12 read as follows:
2-13 Sec. 411.119. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
2-14 TEXAS BOARD OF PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES.
2-15 The Texas Board of Private Investigators and Private Security
2-16 Agencies is entitled to obtain from the department criminal history
2-17 record information maintained by the department, including
2-18 information maintained under Section 411.042(b)(5), that relates to
2-19 [a person who is]:
2-20 (1) an applicant for a license, registration, [or]
2-21 security officer commission, letter of approval, permit, or handgun
2-22 instructor certification under the Private Investigators and
2-23 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
2-24 Civil Statutes); or
2-25 (2) a person who holds a license, registration,
2-26 security officer commission, letter of approval, permit, or handgun
2-27 instructor certification under the Private Investigators and
3-1 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
3-2 Civil Statutes) [an applicant for a position regulated under that
3-3 Act].
3-4 SECTION 3. Section 39, Private Investigators and Private
3-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
3-6 Statutes), is repealed.
3-7 SECTION 4. Section 39A, Private Investigators and Private
3-8 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
3-9 Statutes), as added by this Act, applies only to a request for a
3-10 criminal history record for an application filed on or after the
3-11 effective date of this Act. A request for a criminal history
3-12 record for an application filed before the effective date of this
3-13 Act is governed by the law in effect on the date the application is
3-14 filed, and the former law is continued in effect for that purpose.
3-15 SECTION 5. This Act takes effect September 1, 1999.
3-16 SECTION 6. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.