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.