By Bosse H.B. No. 2617
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation of the Texas Board of Private
1-3 Investigators and Private Security Agencies as the Texas Commission
1-4 on Private Security and to the functions performed by that agency;
1-5 providing a penalty.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 1, Private Investigators and Private
1-8 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-9 Statutes), is amended to read as follows:
1-10 Sec. 1. SHORT TITLE. This Act may be cited as the Private
1-11 Security Act. Any reference in law to the Private Investigators
1-12 and Private Security Agencies Act is a reference to the Private
1-13 Security Act.
1-14 SECTION 2. Section 2, Private Investigators and Private
1-15 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-16 Statutes), is amended by amending Subdivisions (1), (4), (5), and
1-17 (33) and by adding Subdivision (37) to read as follows:
1-18 (1) "Board" means the Texas Commission on Private
1-19 Security [Texas Board of Private Investigators and Private Security
1-20 Agencies].
1-21 (4) "Guard company" means any person employing an
1-22 individual described by Section 3(f) of this Act or engaging in the
1-23 business of or undertaking to provide a private watchman, guard, or
1-24 street patrol service on a contractual basis for another person and
2-1 performing any one or more of the following or similar functions:
2-2 (a) prevention of intrusion, entry, larceny,
2-3 vandalism, abuse, fire, or trespass on private property;
2-4 (b) prevention, observation, or detection of any
2-5 unauthorized activity on private property;
2-6 (c) control, regulation, or direction of the
2-7 flow or movements of the public, whether by vehicle or otherwise,
2-8 only to the extent and for the time directly and specifically
2-9 required to assure the protection of property;
2-10 (d) protection of individuals from bodily harm;
2-11 or
2-12 (e) protection of one or more individuals from
2-13 bodily harm through the use of a personal protection officer.
2-14 (5) "Alarm systems company" means any person that
2-15 sells, installs, services, monitors, or responds to alarm systems,
2-16 burglar alarm signal devices, detection devices, burglar alarms,
2-17 robbery alarms, television cameras, or still cameras used to signal
2-18 the presence of an emergency to which law enforcement or emergency
2-19 services are expected to respond [, or any other electrical,
2-20 mechanical, or electronic device used:]
2-21 [(A) to prevent or detect burglary, theft,
2-22 robbery, shoplifting, pilferage, shrinkage, or other losses of that
2-23 type;]
2-24 [(B) to prevent or detect intrusion; or]
2-25 [(C) primarily to detect or summon aid for other
2-26 emergencies].
2-27 (33) "Detection device" means an electronic device
3-1 used as a part of a burglar or hold-up alarm including any control,
3-2 communications, motion detector, door or window switch, sound
3-3 detector, vibration detector, light beam, pressure mat, wiring, or
3-4 similar device [; or any electronic device used to limit access by
3-5 persons into building structures or gate compounds, including any
3-6 control, communications, motion detector, door or window switch,
3-7 card or proximity readers, push-button key pad entry, gate entry
3-8 device, door exit buttons, or similar device].
3-9 (37) "Extra job coordinator" means a peace officer
3-10 who:
3-11 (A) is employed full-time by a political
3-12 subdivision; and
3-13 (B) schedules other peace officers to provide
3-14 guard, patrolman, or watchman services in a private capacity who
3-15 are:
3-16 (i) employed full-time by a political
3-17 subdivision; and
3-18 (ii) not employed by the extra job
3-19 coordinator.
3-20 SECTION 3. Section 3, Private Investigators and Private
3-21 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
3-22 Statutes), is amended by amending Subsection (a) and adding
3-23 Subsection (f) to read as follows:
3-24 (a) This Act does not apply to:
3-25 (1) a person employed exclusively and regularly by one
3-26 employer in connection with the affairs of an employer only and
3-27 where there exists an employer-employee relationship; provided,
4-1 however, any person who shall carry a firearm in the course of the
4-2 [his] employment shall be required to obtain a private security
4-3 officer commission under the provisions of this Act;
4-4 (2) except as provided by Subsection (d) of this
4-5 Section, an officer or employee of the United States of America, or
4-6 of this State or political subdivision of either, while the
4-7 employee or officer is engaged in the performance of official
4-8 duties;
4-9 (3) a person who has full-time employment as a peace
4-10 officer, who receives compensation for private employment on an
4-11 individual or an independent contractor basis as a patrolman,
4-12 guard, [or] watchman, or extra job coordinator if the officer:
4-13 (A) is employed in an employee-employer
4-14 relationship or employed on an individual contractual basis;
4-15 (B) is not in the employ of another peace
4-16 officer;
4-17 (C) is not a reserve peace officer; and
4-18 (D) works as a peace officer on the average of
4-19 at least 32 hours a week, is compensated by the state or a
4-20 political subdivision of the state at the rate of the minimum wage
4-21 or higher, and is entitled to all employee benefits offered to a
4-22 peace officer by the state or political subdivision;
4-23 (4) a person engaged exclusively in the business of
4-24 obtaining and furnishing information for purposes of credit
4-25 worthiness, [or] collecting debts, or ascertaining the reliability
4-26 of information provided by [financial responsibility of] applicants
4-27 for property, life, or disability insurance and for indemnity or
5-1 surety bonds, with respect to persons, firms, and corporations;
5-2 (5) an attorney while engaged in the practice of law
5-3 [attorney-at-law in performing his duties];
5-4 (6) admitted insurers, insurance adjusters, agents,
5-5 and insurance brokers licensed by the State, performing duties in
5-6 connection with insurance transacted by them;
5-7 (7) a person who engages exclusively in the business
5-8 of repossessing property that is secured by a mortgage or other
5-9 security interest;
5-10 (8) a locksmith who does not install or service
5-11 detection devices, does not conduct investigations, and is not a
5-12 security service contractor;
5-13 (9) a person who owns and installs burglar detection
5-14 or alarm devices on the person's [his] own property or, if the
5-15 person [he] does not charge for the device or its installation,
5-16 installs it for the protection of the person's [his] personal
5-17 property located on another's property, and does not install the
5-18 devices as a normal business practice on the property of another;
5-19 (10) an employee of a cattle association who is
5-20 engaged in inspection of brands of livestock under the authority
5-21 granted to that cattle association by the Packers and Stockyards
5-22 Division of the United States Department of Agriculture;
5-23 (11) a common carrier by rail engaged in interstate
5-24 commerce and regulated by state and federal authorities and
5-25 transporting commodities essential to the national defense and to
5-26 the general welfare and safety of the community;
5-27 (12) a licensed [registered] professional engineer
6-1 practicing engineering or directly supervising engineering practice
6-2 in accordance with the provisions of the Texas Engineering Practice
6-3 Act, including [that does not install or service detection devices,
6-4 does not conduct nonengineering investigations, is performing]
6-5 forensic analysis [engineering studies], burglar alarm system
6-6 engineering, and necessary data collection [and is not a security
6-7 services contractor];
6-8 (13) a person whose sale of burglar alarm signal
6-9 devices, burglary alarms, television cameras, still cameras, or
6-10 other electrical, mechanical, or electronic devices used for
6-11 preventing or detecting burglary, theft, shoplifting, pilferage, or
6-12 other losses is exclusively over-the-counter or by mail order;
6-13 (14) a person who holds a license or other form of
6-14 permission issued by an incorporated city or town to practice as an
6-15 electrician and who installs fire or smoke detectors in no building
6-16 other than a single family or multifamily residence;
6-17 (15) a person or organization in the business of
6-18 building construction that installs electrical wiring and devices
6-19 that may include in part the installation of a burglar alarm or
6-20 detection device if:
6-21 (A) the person or organization is a party to a
6-22 contract that provides that the installation will be performed
6-23 under the direct supervision of and inspected and certified by a
6-24 person or organization licensed to install and certify such an
6-25 alarm or detection device and that the licensee assumes full
6-26 responsibility for the installation of the alarm or detection
6-27 device; and
7-1 (B) the person or organization does not service
7-2 or maintain burglar alarms or detection devices;
7-3 (16) a reserve peace officer while the reserve officer
7-4 is performing guard, patrolman, or watchman duties for a county and
7-5 is being compensated solely by that county;
7-6 (17) response to a burglar alarm or detection device
7-7 by a law enforcement agency or by a law enforcement officer acting
7-8 in an official capacity;
7-9 (18) [a person who, by education, experience, or
7-10 background has specialized expertise or knowledge such as that
7-11 which would qualify or tend to qualify such person as an expert
7-12 witness, authorized to render opinions in proceedings conducted in
7-13 a court, administrative agency, or governing body of this state or
7-14 of the United States, in accordance with applicable rules and
7-15 regulations and who does not perform any other service for which a
7-16 license is required by provisions of this Act;]
7-17 [(19)] an officer, employee, or agent of a common
7-18 carrier, as defined by Section 153 [153(10)], Communications Act of
7-19 1934 (47 U.S.C. Section 153 [U.S.C.A. Sec. 151 et seq.]), and its
7-20 subsequent amendments, while protecting the carrier or a user of
7-21 the carrier's long-distance services from a fraudulent, unlawful,
7-22 or abusive use of those long-distance services;
7-23 (19) [(20)] a person who sells or installs automobile
7-24 burglar alarm devices and that does not perform any other act that
7-25 requires a license under this Act;
7-26 (20) [(21)] a manufacturer, or a manufacturer's
7-27 authorized distributor, who sells to the holder of a license under
8-1 this Act equipment used in the operations for which the holder is
8-2 required to be licensed;
8-3 (21) [(22)] a person employed as a noncommissioned
8-4 security officer by a political subdivision of this state;
8-5 (22) [(23)] a person whose activities are regulated
8-6 under Article 5.43-2, Insurance Code, except to the extent that
8-7 those activities are specifically regulated under this Act;
8-8 (23) [(24)] a landman performing activities in the
8-9 course and scope of the landman's business;
8-10 (24) [(25)] a hospital or a wholly owned subsidiary or
8-11 affiliate of a hospital that provides medical alert services for
8-12 persons who are sick or disabled, if the hospital, subsidiary, or
8-13 affiliate is licensed under Chapter 241, Health and Safety Code,
8-14 and the hospital does not perform any other service that requires a
8-15 license under this Act;
8-16 (25) [(26)] a charitable, nonprofit organization that
8-17 provides medical alert services for persons who are sick or
8-18 disabled, if the organization:
8-19 (A) is exempt from federal taxation under
8-20 Section 501(a) of the Internal Revenue Code of 1986, and its
8-21 subsequent amendments, by being listed as an exempt entity under
8-22 Section 501(c)(3) of that code[, Internal Revenue Code of 1986];
8-23 (B) has its monitoring services provided by a
8-24 licensed person, licensed nurse, licensed physician assistant, or
8-25 hospital or a wholly owned subsidiary or affiliate of a hospital
8-26 licensed under Chapter 241, Health and Safety Code; and
8-27 (C) does not perform any other service that
9-1 requires a license under this Act;
9-2 (26) [(27)] a person engaged in the business of
9-3 electronic monitoring of a person as a condition of that person's
9-4 probation, parole, mandatory supervision, or release on bail, if
9-5 the person does not perform any other service that requires a
9-6 license under this Act;
9-7 (27) [(28)] a nonprofit business or civic organization
9-8 that:
9-9 (A) employs one or more peace officers meeting
9-10 the qualifications of Subdivision (3) of this subsection as
9-11 patrolmen, guards, or watchmen;
9-12 (B) provides the services of these peace
9-13 officers only to:
9-14 (i) its members; or
9-15 (ii) if the organization does not have
9-16 members, the members of the communities served by the organization
9-17 as described in its articles of incorporation or other
9-18 organizational documents;
9-19 (C) devotes the net receipts from all charges
9-20 for the services exclusively to the cost of providing the services
9-21 or to the costs of other services for the enhancement of the
9-22 security or safety of:
9-23 (i) its members; or
9-24 (ii) if the organization does not have
9-25 members, the members of the communities served by the organization
9-26 as described in its articles of incorporation or other
9-27 organizational documents; and
10-1 (D) does not perform any other service that
10-2 requires a license under this Act;
10-3 (28) [(29)] a charitable, nonprofit organization that
10-4 maintains a system of records to aid in the location of missing
10-5 children if the organization:
10-6 (A) is exempt from federal taxation under
10-7 Section 501(a) of the Internal Revenue Code of 1986, and its
10-8 subsequent amendments, by being listed as an exempt entity under
10-9 Section 501(c)(3) of that code[, Internal Revenue Code of 1986, and
10-10 its subsequent amendments];
10-11 (B) exclusively provides services related to
10-12 locating missing children; and
10-13 (C) does not perform any other service that
10-14 requires a license under this Act;
10-15 (29) [(30)] a person engaged in the business of
10-16 psychological testing or other testing and interviewing services
10-17 (to include but not limited to attitudes, honesty, intelligence,
10-18 personality, and skills) for preemployment purposes, if the person
10-19 does not perform any other service that requires a license under
10-20 this Act;
10-21 (30) [(31)] a person who does not perform any other
10-22 act that requires a license under this Act, and who is engaged in
10-23 obtaining information classified as a public record under Chapter
10-24 552, Government Code, regardless of whether for compensation,
10-25 unless the person is a full-time employee, as defined by Section
10-26 61.001, Labor Code, of a person licensed under this Act; [or]
10-27 (31) [(32)] a person who obtains a document for use in
11-1 litigation under an authorization or subpoena issued for a written
11-2 or oral deposition;
11-3 (32) a person who is employed full-time by and is
11-4 commissioned as a campus security personnel employee by a private
11-5 institution of higher education under Section 51.212, Education
11-6 Code; or
11-7 (33) a peace officer commissioned by an incorporated
11-8 municipality who is hired under Section 51.212, Education Code, on
11-9 a regular basis by a private institution of higher education while
11-10 that peace officer is operating within the scope of the peace
11-11 officer's employment with the institution of higher education.
11-12 (f) Notwithstanding Subsection (a)(1) of this section, this
11-13 Act applies to an individual who:
11-14 (1) works at a location that is open to the public;
11-15 and
11-16 (2) in the course of employment:
11-17 (A) regularly comes into contact with the
11-18 public; and
11-19 (B) wears a uniform with any type of badge
11-20 commonly associated with security personnel or law enforcement or a
11-21 patch or apparel with "security" or the name of the employer on the
11-22 patch or apparel.
11-23 SECTION 4. Section 4(d), Private Investigators and Private
11-24 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
11-25 Statutes), is amended to read as follows:
11-26 (d) The Texas Commission on Private Security [Texas Board of
11-27 Private Investigators and Private Security Agencies] is subject to
12-1 Chapter 325, Government Code (Texas Sunset Act). Unless continued
12-2 in existence as provided by that chapter, the commission [board] is
12-3 abolished and this Act expires September 1, 2003 [1999].
12-4 SECTION 5. Subchapter B, Private Investigators and Private
12-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-6 Statutes), is amended by adding Section 4A and by amending Section
12-7 5 to read as follows:
12-8 Sec. 4A. NAME CHANGE. The name of the Texas Board of
12-9 Private Investigators and Private Security Agencies is changed to
12-10 the Texas Commission on Private Security. A reference in this Act
12-11 or other law to the Texas Board of Private Investigators and
12-12 Private Security Agencies means the Texas Commission on Private
12-13 Security.
12-14 Sec. 5. COMMISSION [BOARD] MEMBERSHIP. (a) The Texas
12-15 Commission on Private Security is composed of an ex officio member
12-16 as provided by Section 5A of this Act and nine members appointed by
12-17 the governor with the advice and consent of the senate as follows:
12-18 (1) five public members, each of whom is a citizen of
12-19 the United States;
12-20 (2) one member who:
12-21 (A) is licensed under this Act as a private
12-22 investigator;
12-23 (B) has been engaged as a private investigator
12-24 for at least the five years preceding appointment; and
12-25 (C) is not employed by a person who employs
12-26 another member of the board;
12-27 (3) one member who is licensed under this Act as an
13-1 alarm systems company and who:
13-2 (A) has been engaged as an alarm systems company
13-3 for at least the five years preceding appointment; and
13-4 (B) is not employed by a person who employs
13-5 another member of the board;
13-6 (4) one member who:
13-7 (A) is licensed under this Act as the owner or
13-8 operator of a guard company;
13-9 (B) has been the owner or operator of the guard
13-10 company for at least the five years preceding appointment; and
13-11 (C) is not employed by a person who employs
13-12 another member of the board; and
13-13 (5) one member who:
13-14 (A) holds a license, security officer
13-15 commission, or registration under this Act;
13-16 (B) has been engaged in activity regulated by
13-17 the board under this Act for at least the five years preceding
13-18 appointment; and
13-19 (C) is not employed by a person who employs
13-20 another member of the board. [The board is composed of the
13-21 following members:]
13-22 [(1) the director of the Texas Department of Public
13-23 Safety or his designated representative shall serve as an ex
13-24 officio member of such board, and such service shall not jeopardize
13-25 the individual's official capacity with the State of Texas;]
13-26 [(2) the Attorney General or his designated
13-27 representative shall serve as an ex officio member of such board,
14-1 and such service shall not jeopardize the individual's official
14-2 capacity with the State of Texas;]
14-3 [(3) three members shall be appointed by the Governor,
14-4 without regard to the race, creed, color, handicap, age, sex,
14-5 religion, or national origin of the appointees and with the advice
14-6 and consent of the Senate, who are citizens of the United States
14-7 and residents of the State of Texas;]
14-8 [(4) two members shall be appointed by the Governor,
14-9 without regard to the race, creed, color, handicap, age, sex,
14-10 religion, or national origin of the appointees and with the advice
14-11 and consent of the Senate, who are licensed under this Act, who
14-12 have been engaged for a period of five consecutive years as a
14-13 private investigator or security services contractor, and who are
14-14 not employed by the same person as any other member of the board;
14-15 and]
14-16 [(5) one member shall be appointed by the Governor
14-17 without regard to the race, creed, color, handicap, age, sex,
14-18 religion, or national origin of the appointee and with the advice
14-19 and consent of the Senate, who:]
14-20 [(A) is licensed under this Act as the owner or
14-21 operator of a guard company;]
14-22 [(B) has operated for at least five consecutive
14-23 years as a guard company; and]
14-24 [(C) is not employed by a person who employs any
14-25 other member of the board.]
14-26 (b) Appointments to the board shall be made without regard
14-27 to the race, color, disability, sex, religion, age, or national
15-1 origin of the appointees.
15-2 (c) The board's public members must be representatives of
15-3 the general public. A person may not be [is not eligible for
15-4 appointment as] a public member of the board if the person or the
15-5 person's spouse:
15-6 (1) is registered, commissioned, certified, or
15-7 licensed by a [an occupational] regulatory agency in the field of
15-8 private investigations or private security;
15-9 (2) is employed by or participates in the management
15-10 of a business entity or other organization regulated by or
15-11 receiving money from the board [related to the field of private
15-12 security]; [or]
15-13 (3) owns or controls, directly or indirectly, more
15-14 than a 10 percent [has, other than as a consumer, a financial]
15-15 interest in a business entity or other organization regulated by or
15-16 receiving money from the board; or
15-17 (4) uses or receives a substantial amount of tangible
15-18 goods, services, or money from the board other than compensation or
15-19 reimbursement authorized by law for board membership, attendance,
15-20 or expenses [related to the field of private security].
15-21 [(c) A member or employee of the board may not be an
15-22 officer, employee, or paid consultant of a trade association in the
15-23 private security industry.]
15-24 (d) [A person who is the spouse of an officer, employee, or
15-25 paid consultant of a trade association in or on behalf of a
15-26 profession related to the operation of the board may not be a
15-27 member of the board and may not be an employee, including an
16-1 employee exempt from the state's classification plan, who is
16-2 compensated at or above the amount prescribed by the General
16-3 Appropriations Act for step 1, salary group 17, of the position
16-4 classification salary schedule. A person who is required to
16-5 register as a lobbyist under Chapter 305, Government Code, by
16-6 virtue of the person's activities for compensation in or on behalf
16-7 of a profession related to the operation of the board, may not
16-8 serve as a member of the board or act as the general counsel to the
16-9 board.]
16-10 [(e)] It is a ground for removal from the board that [if] a
16-11 member:
16-12 (1) does not have at the time of taking office
16-13 [appointment] the qualifications required by Subsection (a) [or
16-14 (b)] of this section [for appointment to the board];
16-15 (2) does not maintain during the service on the board
16-16 the qualifications required by Subsection (a) [or (b)] of this
16-17 section [for appointment to the board];
16-18 (3) is ineligible for membership under [violates a
16-19 prohibition established by] Subsection (c) [or (d)] of this section
16-20 or Section 5B of this Act;
16-21 (4) is absent from more than half [does not attend at
16-22 least one-half] of the regularly scheduled board meetings that the
16-23 member is eligible to attend during [held by the board in] a
16-24 calendar year without an excuse approved by a majority vote[,
16-25 excluding meetings held when the person was not a member] of the
16-26 board; or
16-27 (5) cannot, because of illness or disability, [is
17-1 unable to] discharge the member's duties for a substantial part of
17-2 the member's term [for which the member was appointed because of
17-3 illness or disability].
17-4 (e) [(f)] The validity of an action of the board is not
17-5 affected by the fact that it is [was] taken when a ground for
17-6 removal of a board member exists [of the board existed].
17-7 (f) [(g)] If the director has knowledge that a potential
17-8 ground for removal exists, the director shall notify the presiding
17-9 officer [chairman] of the board of the potential ground. The
17-10 presiding officer [chairman of the board] shall then notify the
17-11 governor and the attorney general [Governor] that a potential
17-12 ground for removal exists. If the potential ground for removal
17-13 involves the presiding officer, the director shall notify the next
17-14 highest ranking officer of the board, who shall then notify the
17-15 governor and the attorney general that a potential ground for
17-16 removal exists.
17-17 [(h) For the purposes of this section, "trade association"
17-18 means a nonprofit, cooperative, voluntarily joined association of
17-19 business or professional competitors that is designed to assist its
17-20 members and its industry or profession in dealing with mutual or
17-21 professional problems and in promoting their common interests.]
17-22 SECTION 6. Subchapter B, Private Investigators and Private
17-23 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
17-24 Statutes), is amended by adding Sections 5A, 5B, and 5C to read as
17-25 follows:
17-26 Sec. 5A. EX OFFICIO BOARD MEMBER. (a) The director of the
17-27 Texas Department of Public Safety serves as an ex officio member of
18-1 the board during the director's term of office and has the same
18-2 powers and duties as other board members.
18-3 (b) The director of the Texas Department of Public Safety
18-4 may delegate to a personal representative from the department the
18-5 duty to represent the director on the board.
18-6 Sec. 5B. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this
18-7 section, "Texas trade association" means a cooperative and
18-8 voluntarily joined association of business or professional
18-9 competitors in this state designed to assist its members and its
18-10 industry or profession in dealing with mutual business or
18-11 professional problems and in promoting their common interest.
18-12 (b) A person may not be a board member and may not be an
18-13 agency employee employed in a "bona fide executive, administrative,
18-14 or professional capacity," as that phrase is used for purposes of
18-15 establishing an exemption to the overtime provisions of the federal
18-16 Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
18-17 and its subsequent amendments, if:
18-18 (1) the person is an officer, employee, or paid
18-19 consultant of a Texas trade association in the field of private
18-20 investigation or private security; or
18-21 (2) the person's spouse is an officer, manager, or
18-22 paid consultant of a Texas trade association in the field of
18-23 private investigation or private security.
18-24 (c) A person may not be a board member or act as the general
18-25 counsel to the board or the agency if the person is required to
18-26 register as a lobbyist under Chapter 305, Government Code, because
18-27 of the person's activities for compensation on behalf of a
19-1 profession related to the operation of the agency.
19-2 Sec. 5C. TRAINING REQUIREMENTS. (a) A person who is
19-3 appointed to and qualifies for office as a board member may not
19-4 vote, deliberate, or be counted as a member in attendance at a
19-5 board meeting until the person completes a training program that
19-6 complies with this section.
19-7 (b) The training program must provide the person with
19-8 information regarding:
19-9 (1) this Act;
19-10 (2) the programs operated by the board;
19-11 (3) the role and functions of the board;
19-12 (4) the rules of the board, with an emphasis on the
19-13 rules that relate to disciplinary and investigatory authority;
19-14 (5) the current budget for the board;
19-15 (6) the results of the most recent formal audit of the
19-16 board;
19-17 (7) the requirements of:
19-18 (A) the open meetings law, Chapter 551,
19-19 Government Code;
19-20 (B) the public information law, Chapter 552,
19-21 Government Code;
19-22 (C) the administrative procedure law, Chapter
19-23 2001, Government Code; and
19-24 (D) other laws relating to public officials,
19-25 including conflict-of-interest laws; and
19-26 (8) any applicable ethics policies adopted by the
19-27 board or the Texas Ethics Commission.
20-1 (c) A person appointed to the board is entitled to
20-2 reimbursement, as provided by the General Appropriations Act, for
20-3 the travel expenses incurred in attending the training program
20-4 regardless of whether the attendance at the program occurs before
20-5 or after the person qualifies for office.
20-6 SECTION 7. Section 7, Private Investigators and Private
20-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
20-8 Statutes), is amended to read as follows:
20-9 Sec. 7. TERMS OF OFFICE. [(a)] The appointed members of the
20-10 board serve staggered six-year terms, and the terms of three [two]
20-11 appointed members expire on January 31 of each odd-numbered year.
20-12 Each appointed member shall hold office until the member's [his]
20-13 successor is appointed and has qualified.
20-14 [(b) The director of the Department of Public Safety and the
20-15 attorney general, or their representatives, serve on the board
20-16 during their terms of office and shall perform the duties required
20-17 of members of the board by this Act in addition to those duties
20-18 required of them in other official capacities.]
20-19 SECTION 8. Section 10, Private Investigators and Private
20-20 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
20-21 Statutes), is amended by amending Subsections (d) and (e) and
20-22 adding Subsection (f) to read as follows:
20-23 (d) The director or the director's designee shall provide to
20-24 board members and to agency employees, as often as necessary,
20-25 information regarding the requirements for office or employment
20-26 under this Act, including information regarding a person's [The
20-27 board shall inform its members and employees as often as is
21-1 necessary of:]
21-2 [(1) the qualifications for office or employment
21-3 prescribed by this Act; and]
21-4 [(2) their] responsibilities under applicable laws
21-5 relating to standards of conduct for state officers or employees.
21-6 (e) The board shall develop and implement policies that
21-7 clearly separate the policymaking responsibilities of the board and
21-8 the management responsibilities of the director and [adopt policies
21-9 that clearly define the respective responsibilities of the
21-10 governing body of the board and the] staff of the board.
21-11 (f) The board may commission investigators employed
21-12 full-time by the board as peace officers for the limited purpose of
21-13 assisting the board in investigating alleged violations of this Act
21-14 and of board rules.
21-15 SECTION 9. Section 10A, Private Investigators and Private
21-16 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
21-17 Statutes), is amended to read as follows:
21-18 Sec. 10A. EQUAL EMPLOYMENT OPPORTUNITY; REPORT. (a) The
21-19 director or the director's designee shall prepare and maintain a
21-20 written policy statement that implements [to assure implementation
21-21 of] a program of equal employment opportunity to ensure that [by
21-22 which] all personnel decisions [transactions] are made without
21-23 regard to race, [creed,] color, disability [handicap], age, sex,
21-24 religion, or national origin.
21-25 (b) The policy statement must [shall] include:
21-26 (1) personnel policies, including policies relating to
21-27 recruitment, evaluation, selection, [appointment,] training, and
22-1 promotion of personnel, that show the intent of the board to avoid
22-2 the unlawful employment practices described by Chapter 21, Labor
22-3 Code; and
22-4 (2) an [a comprehensive] analysis of the extent to
22-5 which the composition of the board's personnel is in accordance
22-6 with [work force that meets] federal and state law and a
22-7 description of reasonable methods to achieve compliance with
22-8 federal and state law [guidelines;]
22-9 [(3) procedures by which a determination can be made
22-10 of significant underutilization, in the board's work force, of all
22-11 persons of whom federal or state guidelines encourage a more
22-12 equitable balance; and]
22-13 [(4) reasonable methods to appropriately address areas
22-14 of significant underutilization, in the board's work force, of all
22-15 persons of whom federal or state guidelines encourage a more
22-16 equitable balance].
22-17 (c) [(b)] The policy statement [statements] must:
22-18 (1) be filed with the governor's office;
22-19 (2) be reviewed by the state Commission on Human
22-20 Rights for compliance with Subsection (b)(1) of this section;[,
22-21 cover an annual period,] and
22-22 (3) be updated at least annually. [The governor's
22-23 office shall develop a biennial report to the legislature based on
22-24 the information submitted. The report may be made separately or as
22-25 a part of other biennial reports made to the legislature.]
22-26 SECTION 10. Subchapter B, Private Investigators and Private
22-27 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
23-1 Statutes), is amended by adding Section 10B to read as follows:
23-2 Sec. 10B. RULES AND POLICIES. (a) The board shall adopt
23-3 rules and general policies to guide the agency in the
23-4 administration of this Act.
23-5 (b) The rules and policies adopted by the board must be
23-6 consistent with this Act and other board rules adopted under this
23-7 Act and with any other applicable law, state rule, or federal
23-8 regulation.
23-9 SECTION 11. Sections 11(d) and (e), Private Investigators
23-10 and Private Security Agencies Act (Article 4413(29bb), Vernon's
23-11 Texas Civil Statutes), are amended to read as follows:
23-12 (d) The board shall recognize, prepare, or administer
23-13 continuing education programs for licensees, commissioned security
23-14 officers, and registrants [private investigators] regulated by the
23-15 board under this Act. The board shall set the minimum number of
23-16 hours that must be completed and the types of programs that may be
23-17 offered for licensees, commissioned security officers, and
23-18 registrants [private investigators] regulated by the board. A
23-19 licensee, commissioned security officer, or registrant must
23-20 participate in the programs to the extent required by the board to
23-21 keep the person's license, commission, or registration. A
23-22 licensee, commissioned security officer, or registrant [private
23-23 investigator] regulated by the board shall submit evidence of
23-24 compliance with the board's continuing education requirements in a
23-25 manner prescribed by the board. The continuing education
23-26 requirements of this subsection do not apply to a noncommissioned
23-27 security officer.
24-1 (e) The board shall develop and implement [adopt] policies
24-2 that provide the public with a reasonable opportunity to appear
24-3 before the board and to speak on any issue under the jurisdiction
24-4 of the board.
24-5 SECTION 12. Section 11B, Private Investigators and Private
24-6 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
24-7 Statutes), is amended to read as follows:
24-8 Sec. 11B. REVOCATION, SUSPENSION, AND SUMMARY SUSPENSION.
24-9 (a) Except as provided by Section 11E of this Act, the [The] board
24-10 shall revoke, [or] suspend, or refuse to renew a [any]
24-11 registration, license, or security officer commission, or shall
24-12 reprimand a [any] registrant, licensee, or commissioned security
24-13 officer[, or deny an application for a registration, license, or
24-14 security officer commission, or renewal thereof,] or may place on
24-15 probation a person whose registration, license, or security officer
24-16 commission has been suspended, on proof:
24-17 (1) that the applicant, licensee, commissioned
24-18 security officer, or registrant has:
24-19 (A) violated [any provisions of] this Act or a
24-20 rule of the board adopted [of the rules and regulations
24-21 promulgated] under this Act;
24-22 (B) been convicted of a Class B misdemeanor or
24-23 equivalent offense if the fifth anniversary of the date of the
24-24 conviction has occurred;
24-25 (C) engaged in [(2) that the applicant,
24-26 licensee, commissioned security officer, or registrant has
24-27 committed any act resulting in conviction of a felony;]
25-1 [(3) that the applicant, licensee, commissioned
25-2 security officer, or registrant has committed an act after the date
25-3 of application for a registration, license, or security officer
25-4 commission that results in a conviction of a misdemeanor involving
25-5 moral turpitude;]
25-6 [(4) that the applicant, licensee, commissioned
25-7 security officer, or registrant has practiced] fraud, deceit, or
25-8 misrepresentation; or
25-9 (D) [(5) that the applicant, licensee,
25-10 commissioned security officer, or registrant has] made a material
25-11 misstatement in the application for or renewal of a license,
25-12 registration, or security officer commission; or
25-13 (2) [(6)] that the licensee of the commissioned
25-14 security officer or registrant has submitted to the board
25-15 sufficient evidence that a commissioned security officer or
25-16 registrant:
25-17 (A) [,] while in the employ of the licensee,
25-18 practiced fraud or deceit;[,] or
25-19 (B) committed theft while performing work as a
25-20 commissioned security officer or registrant.
25-21 (b) Subject to Section 11D of this Act, the board may
25-22 summarily suspend a license, registration, or security officer
25-23 commission issued [to an individual] under this Act on receiving
25-24 written notification from the Department of Public Safety of the
25-25 State of Texas or any other law enforcement agency that the
25-26 individual has been arrested for or charged with a Class B
25-27 misdemeanor or equivalent offense [involving moral turpitude] or a
26-1 greater offense [felony].
26-2 (c) Subject to Section 11D of this Act, the board may
26-3 summarily deny an application for a license, registration, or [for
26-4 a] security officer commission of an individual on receiving
26-5 written notification from the Department of Public Safety of the
26-6 State of Texas or any other law enforcement agency that the
26-7 individual has been arrested for or charged with a Class B
26-8 misdemeanor or equivalent offense [involving moral turpitude] or a
26-9 greater offense [felony].
26-10 (d) [In this section, a person is considered to be convicted
26-11 of a misdemeanor involving moral turpitude or a felony if a court
26-12 of competent jurisdiction enters a judgment against the person for
26-13 committing a misdemeanor involving moral turpitude or a felony
26-14 under the laws of this state, another state, or the United States,
26-15 including:]
26-16 [(1) a conviction in which a person was placed on
26-17 probation or community supervision and the person is subsequently
26-18 discharged from probation or community supervision; or]
26-19 [(2) a conviction that is pardoned, unless the pardon
26-20 is granted expressly because of the proof of a person's innocence.]
26-21 [(e)] The dismissal of a complaint, information, or
26-22 indictment or an acquittal releases the individual from any summary
26-23 suspension of a registration or commission or automatic grounds for
26-24 summary denial of an application under this section.
26-25 (e) Except for a summary denial of an application or a
26-26 summary suspension, a person regulated under this Act against whom
26-27 the board has taken action is entitled to a hearing before the
27-1 State Office of Administrative Hearings. A proceeding under this
27-2 subsection is a contested case that is [(f) Proceedings for the
27-3 refusal, suspension, or revocation of a registration, license, or
27-4 security officer commission or for the probation of a person are]
27-5 governed by Chapter 2001, Government Code [(Administrative
27-6 Procedure Act)]. Proceedings for the summary suspension of a
27-7 license, registration, or security officer commission or summary
27-8 denial of an application under this Act are governed by Section 11D
27-9 of this Act.
27-10 (f) The board may place on probation a person whose license
27-11 is suspended. If a license suspension is probated, the board may
27-12 require the person:
27-13 (1) to report regularly to the board on matters that
27-14 are the basis of the probation;
27-15 (2) to limit practice to the areas prescribed by the
27-16 board; or
27-17 (3) to continue or review professional education until
27-18 the person attains a degree of skill satisfactory to the board in
27-19 those areas that are the basis of the probation. [(g) If the
27-20 board is authorized to suspend a license under this Act, the board
27-21 may give the licensee the opportunity to pay a civil penalty rather
27-22 than have the license suspended. The amount of the civil penalty
27-23 may not be more than $200 for each day the license was to have been
27-24 suspended. If the licensee does not pay the penalty before the
27-25 sixth day after the board notifies him of the amount, he loses the
27-26 opportunity to pay it and the board shall impose the suspension.]
27-27 SECTION 13. Subchapter B, Private Investigators and Private
28-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
28-2 Statutes), is amended by adding Section 11E to read as follows:
28-3 Sec. 11E. REVOCATION OR REFUSAL FOR CERTAIN OFFENSES. The
28-4 board shall revoke or refuse to renew a registration, license, or
28-5 security officer commission if the applicant, licensee,
28-6 registrant, or commissioned security officer has been convicted of
28-7 a:
28-8 (1) Class A misdemeanor or equivalent offense or a
28-9 greater offense; or
28-10 (2) Class B misdemeanor or equivalent offense if the
28-11 fifth anniversary of the date of conviction has not occurred.
28-12 SECTION 14. Subchapter B, Private Investigators and Private
28-13 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
28-14 Statutes), is amended by adding Section 11F to read as follows:
28-15 Sec. 11F. CONVICTION OF CERTAIN CRIMES. In this subchapter,
28-16 a person is considered to be convicted of an offense that is a
28-17 Class B misdemeanor or greater offense, or an equivalent offense,
28-18 if a court enters a judgment against the person for committing a
28-19 Class B misdemeanor or greater offense, or an equivalent offense,
28-20 under the laws of this state, another state, or the United States,
28-21 including a conviction:
28-22 (1) in which a person is placed on, and subsequently
28-23 discharged from, community supervision; and
28-24 (2) for which a person is pardoned, unless a full
28-25 pardon has been granted for reasons relating to a wrongful
28-26 conviction.
28-27 SECTION 15. Section 12(b), Private Investigators and Private
29-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
29-2 Statutes), is amended to read as follows:
29-3 (b) The governor shall designate one member of the board as
29-4 presiding officer to serve in that capacity at the will of the
29-5 governor [chairman]. The governor shall designate the presiding
29-6 officer [chairman] without regard to the race, creed, color,
29-7 disability [handicap], age, sex, religion, or national origin of
29-8 the designee. The board, including the representative of the
29-9 director of the Texas Department of Public Safety if [he so
29-10 designates] one is designated, shall elect from among its members
29-11 an assistant presiding officer [a vice-chairman] and a secretary to
29-12 serve two-year terms commencing on September 1 of each odd-numbered
29-13 year. The presiding officer [chairman,] or, in the [his] absence
29-14 of the presiding officer, the assistant presiding officer
29-15 [vice-chairman,] shall preside at all meetings of the board and
29-16 perform the other duties prescribed by [in] this Act.
29-17 SECTION 16. Subchapter B, Private Investigators and Private
29-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
29-19 Statutes), is amended by adding Section 12B to read as follows:
29-20 Sec. 12B. PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY
29-21 ACTIONS. (a) The board shall make available to the public through
29-22 a toll-free telephone number, Internet website, or other easily
29-23 accessible medium determined by the board the following information
29-24 relating to a disciplinary action taken during the preceding three
29-25 years regarding a person regulated by the board:
29-26 (1) the identity of the person;
29-27 (2) the nature of the complaint that was the basis of
30-1 the disciplinary action taken against the person; and
30-2 (3) the disciplinary action taken by the board.
30-3 (b) In providing the information, the board shall present
30-4 the information in an impartial manner, use language that is
30-5 commonly understood, and, if possible, avoid jargon specific to the
30-6 security industry.
30-7 (c) The board shall update the information on a monthly
30-8 basis.
30-9 (d) The board shall maintain the confidentiality of
30-10 information regarding the identification of a complainant.
30-11 SECTION 17. Section 13, Private Investigators and Private
30-12 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
30-13 Statutes), is amended by adding Subsection (d) to read as follows:
30-14 (d) A political subdivision may not offer alarm system
30-15 sales, service, installation, or monitoring unless:
30-16 (1) the service, installation, or monitoring is
30-17 provided for property owned by the political subdivision; or
30-18 (2) the monitoring is conducted for an ongoing
30-19 criminal investigation.
30-20 SECTION 18. Section 14, Private Investigators and Private
30-21 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
30-22 Statutes), is amended by amending Subsection (a) and adding
30-23 Subsection (a-1) to read as follows:
30-24 (a) An applicant for a license or the applicant's [his]
30-25 manager must[:]
30-26 [(1)] be at least 18 years of age and must not:[;]
30-27 (1) [(2) not have been convicted in any jurisdiction
31-1 of any felony unless a full pardon has been granted;]
31-2 [(3) not] have been convicted in any jurisdiction of a
31-3 Class A misdemeanor or equivalent offense or a greater offense
31-4 [involving moral turpitude during the seven-year period preceding
31-5 the date of application] unless a full pardon has been granted for
31-6 reasons relating to a wrongful [the] conviction;
31-7 (2) have been convicted in any jurisdiction of a Class
31-8 B misdemeanor or equivalent offense for which the fifth anniversary
31-9 of the date of conviction has not occurred before the date of
31-10 application unless a full pardon has been granted for reasons
31-11 relating to a wrongful conviction;
31-12 (3) [(4) not] have been declared by any court of
31-13 competent jurisdiction incompetent by reason of mental defect or
31-14 disease and has not been restored;
31-15 (4) [(5) not] be suffering from habitual drunkenness
31-16 or from narcotics addiction or dependence; or [and]
31-17 (5) [(6) not] have been discharged from the armed
31-18 services of the United States under other than honorable
31-19 conditions.
31-20 (a-1) The board may deny an application for a license if the
31-21 applicant has been convicted in any jurisdiction of a Class B
31-22 misdemeanor or equivalent offense if the fifth anniversary of the
31-23 date of conviction has occurred before the date of application
31-24 unless a full pardon has been granted for reasons relating to a
31-25 wrongful conviction.
31-26 SECTION 19. Section 15, Private Investigators and Private
31-27 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
32-1 Statutes), is amended by amending Subsections (a) and (c) and
32-2 adding Subsection (g) to read as follows:
32-3 (a) An application for a license under this Act shall be in
32-4 the form prescribed by the board. The application shall include:
32-5 (1) the full name and business address of the
32-6 applicant;
32-7 (2) the name under which the applicant intends to do
32-8 business;
32-9 (3) a statement as to the general nature of the
32-10 business in which the applicant intends to engage;
32-11 (4) a statement as to the classification under which
32-12 the applicant desires to be qualified;
32-13 (5) the full name and residence address of each of the
32-14 applicant's [its] partners, officers, and directors, and of the
32-15 applicant's [its] manager, if the applicant is an entity other than
32-16 an individual;
32-17 (6) two [one] classifiable sets [set] of fingerprints
32-18 of the applicant, if the applicant is an individual, or of each
32-19 officer and of each partner or shareholder who owns a 25 percent or
32-20 greater interest in the applicant, if the applicant is an entity;
32-21 (7) a verified statement of the applicant's [his]
32-22 experience qualifications in the particular field of classification
32-23 in which the applicant [he] is applying;
32-24 (8) [a letter from the police department and a letter
32-25 from the sheriff's department of the city and county wherein the
32-26 applicant resides concerning the character of the applicant and
32-27 containing any objection or recommendation as to his application;
33-1 and] a report [letter] from the Texas Department of Public Safety
33-2 stating the applicant's [setting forth the] record of any
33-3 convictions for a Class B misdemeanor or equivalent offense or a
33-4 greater offense [of any applicant for a felony or a crime involving
33-5 moral turpitude]; and
33-6 (9) any other information, evidence, statements, or
33-7 documents [as may be] required by the board.
33-8 (c) The board shall [may] require an applicant or the
33-9 applicant's [his] manager to demonstrate qualifications in the
33-10 person's license [his] field of classification, including knowledge
33-11 of applicable state laws and board rules, by taking an examination
33-12 to be determined by the board.
33-13 (g) The board shall develop, and provide to a person who
33-14 applies to take the examination under Subsection (c) of this
33-15 section, material containing all applicable state laws and board
33-16 rules.
33-17 SECTION 20. Subchapter C, Private Investigators and Private
33-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
33-19 Statutes), is amended by adding Sections 15A, 15B, 15C, and 15D to
33-20 read as follows:
33-21 Sec. 15A. EXAMINATION RESULTS. (a) Not later than the 30th
33-22 day after the date a person takes a licensing examination under
33-23 this Act, the board shall notify the person of the results of the
33-24 examination.
33-25 (b) If the examination is graded or reviewed by a testing
33-26 service:
33-27 (1) the board shall notify the person of the results
34-1 of the examination not later than the 14th day after the date the
34-2 board receives the results from the testing service; and
34-3 (2) if notice of the examination results will be
34-4 delayed for longer than 90 days after the examination date, the
34-5 board shall notify the person of the reason for the delay before
34-6 the 90th day.
34-7 (c) The board may require a testing service to notify a
34-8 person of the results of the person's examination.
34-9 (d) If requested in writing by a person who fails a
34-10 licensing examination administered under this Act, the board shall
34-11 furnish the person with an analysis of the person's performance on
34-12 the examination.
34-13 Sec. 15B. RECIPROCAL LICENSE FOR CERTAIN FOREIGN APPLICANTS.
34-14 The board may waive any prerequisite to obtaining a license for an
34-15 applicant who holds a license issued by another jurisdiction with
34-16 which this state has a reciprocity agreement. The board may make
34-17 an agreement, subject to the approval of the governor, with another
34-18 state to allow for licensing by reciprocity.
34-19 Sec. 15C. PROVISIONAL LICENSE. (a) The board may issue a
34-20 provisional license to an applicant currently licensed in another
34-21 jurisdiction who seeks an equivalent license in this state and who:
34-22 (1) has been licensed in good standing as an
34-23 investigations company or security services contractor for at least
34-24 two years in another jurisdiction, including a foreign country,
34-25 that has licensing requirements substantially equivalent to the
34-26 requirements of this Act;
34-27 (2) has passed a national or other examination
35-1 recognized by the board relating to the practice of private
35-2 investigations or security services contracting; and
35-3 (3) is sponsored by a person licensed by the board
35-4 under this Act with whom the provisional license holder will
35-5 practice during the time the person holds a provisional license.
35-6 (b) A provisional license is valid until the date the board
35-7 approves or denies the provisional license holder's application for
35-8 a license. The board shall issue a license under this Act to the
35-9 provisional license holder if:
35-10 (1) the provisional license holder is eligible to be
35-11 licensed under Section 15B of this Act; or
35-12 (2) the provisional license holder:
35-13 (A) passes the part of the examination under
35-14 Section 15(c) of this Act that relates to the applicant's knowledge
35-15 and understanding of the laws and rules relating to the practice of
35-16 an investigations company or security services contractor in this
35-17 state;
35-18 (B) is verified by the board as meeting the
35-19 academic and experience requirements for a license under this Act;
35-20 and
35-21 (C) satisfies any other licensing requirements
35-22 under this Act.
35-23 (c) The board must approve or deny a provisional license
35-24 holder's application for a license not later than the 180th day
35-25 after the date the provisional license is issued. The board may
35-26 extend the 180-day period if the results of an examination have not
35-27 been received by the board before the end of that period.
36-1 (d) The board may establish a fee for provisional licenses
36-2 in an amount reasonable and necessary to cover the cost of issuing
36-3 the license.
36-4 Sec. 15D. PROVISIONAL REGISTRATION. (a) The board may
36-5 issue a provisional registration to an applicant currently
36-6 registered in another jurisdiction who seeks an equivalent
36-7 registration in this state and who:
36-8 (1) has been registered in good standing in the field
36-9 in which the registration is sought for at least two years in
36-10 another jurisdiction, including a foreign country, that has
36-11 registration requirements substantially equivalent to the
36-12 requirements of this Act;
36-13 (2) has passed a national or other examination
36-14 recognized by the board relating to practice in the field in which
36-15 the registration is sought; and
36-16 (3) is employed by a person licensed by the board
36-17 under this Act with whom the provisional registration holder will
36-18 practice during the time the person holds a provisional
36-19 registration.
36-20 (b) A provisional registration is valid until the date the
36-21 board approves or denies the provisional registration holder's
36-22 application for a registration. The board shall issue a
36-23 registration under this Act to the provisional registration holder
36-24 if the provisional registration holder is eligible to be registered
36-25 under this Act.
36-26 (c) The board must approve or deny a provisional
36-27 registration holder's application for a registration not later than
37-1 the 180th day after the date the provisional registration is
37-2 issued. The board may extend the 180-day period if the results of
37-3 an examination have not been received by the board before the end
37-4 of that period.
37-5 (d) The board may establish a fee for provisional
37-6 registration in an amount reasonable and necessary to cover the
37-7 cost of issuing the registration.
37-8 SECTION 21. Sections 17(a) and (d), Private Investigators
37-9 and Private Security Agencies Act (Article 4413(29bb), Vernon's
37-10 Texas Civil Statutes), are amended to read as follows:
37-11 (a) If the General Appropriations Act does not specify the
37-12 amount of the fee, the board by rule shall establish reasonable and
37-13 necessary fees that produce funds sufficient for the administration
37-14 of this Act but that do not produce unnecessary fund balances and
37-15 do not exceed the following amounts:
37-16 Class A license $225
37-17 (original and renewal)
37-18 Class B license 225
37-19 (original and renewal)
37-20 Class C license 340
37-21 (original and renewal)
37-22 Reinstate suspended license 150
37-23 Assignment of license 150
37-24 Change name of license 75
37-25 Delinquency fee _____
37-26 Branch office certificate and renewal 150
37-27 Registration fee for private investigators, managers,
38-1 branch office managers, and alarm systems installers 20
38-2 (original and renewal)
38-3 Registration fee for noncommissioned security officer 35
38-4 Renewal fee for noncommissioned security officer 25
38-5 Registration fee for security sales person 20
38-6 Registration fee for alarm systems monitor 20
38-7 Registration fee for dog trainer 20
38-8 Registration fee for owner, officer, partner, or
38-9 shareholder of a licensee 20
38-10 Registration fee for security consultants 55
38-11 Security officer commission fee 35
38-12 (original and renewal)
38-13 School instructor fee 100
38-14 (original and renewal)
38-15 School approval fee 250
38-16 (original and renewal)
38-17 Letter of authority fee for private businesses
38-18 and political subdivisions 225
38-19 (original and renewal)
38-20 FBI fingerprint check 25
38-21 Duplicate pocket card 10
38-22 Employee information update fee 15
38-23 Burglar alarm sellers renewal fee 25
38-24 Personal protection authorization 50
38-25 (d) A Class A, Class B, or Class C license is valid for one
38-26 year from the date of issuance. Registration as a private
38-27 investigator, manager, branch office manager, alarm systems
39-1 installer, security consultant, security sales person, alarm
39-2 systems monitor, or dog trainer is valid for two years from the
39-3 date of registration[, except that an initial registration as an
39-4 alarm systems installer or security sales person is valid for one
39-5 year from the date of registration if the board requires
39-6 registrants to be trained or tested pursuant to Section 32(f) of
39-7 this Act]. Registration as an owner, officer, partner, or
39-8 shareholder of a licensee is valid for two years from the date of
39-9 registration. Registration as a noncommissioned security officer
39-10 is valid for two [four] years from the date of registration. A
39-11 letter of authority, or a school approval or school instructor
39-12 approval letter issued by the board, is valid for one year from the
39-13 date of issuance. Other licenses or registrations issued under
39-14 this Act are valid for the period specified by this Act or by board
39-15 rule.
39-16 SECTION 22. Subchapter C, Private Investigators and Private
39-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
39-18 Statutes), is amended by adding Section 17A to read as follows:
39-19 Sec. 17A. PAYMENT OF FEES AND FINES. The board may adopt
39-20 rules regarding the method of payment of a fee or a fine assessed
39-21 under this Act. The rules may authorize the use of electronic
39-22 funds transfer or a valid credit card issued by a financial
39-23 institution chartered by a state or the federal government or by a
39-24 nationally recognized credit organization approved by the board.
39-25 The rules may require the payment of a discount or a reasonable
39-26 service charge for a credit card payment in addition to the fee or
39-27 the fine.
40-1 SECTION 23. Section 18(b), Private Investigators and Private
40-2 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
40-3 Statutes), is amended to read as follows:
40-4 (b) No person shall act as a manager of a licensee until the
40-5 person [he] has complied with each of the following:
40-6 (1) demonstrated the person's [his] qualifications by
40-7 passing the [a] written examination required by Section 15(c) of
40-8 this Act; and
40-9 (2) made a satisfactory showing to the board that the
40-10 person [he] has the qualifications prescribed by Section 14 of this
40-11 Act, and that none of the facts stated in Section 11B(a) or 11E
40-12 [Subsection (a), Section 11B,] of this Act regarding violations or
40-13 convictions exist as to the person [him].
40-14 SECTION 24. Section 19(l), Private Investigators and Private
40-15 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
40-16 Statutes), is amended to read as follows:
40-17 (l) The holder of a security officer commission who
40-18 terminates his employment with one employer may transfer his
40-19 security officer commission to a new employer if, not later than
40-20 the 14th [10th] day after the date on which the holder begins new
40-21 employment, the new employer notifies the board of the transfer of
40-22 employment on a form prescribed by the board, accompanied by the
40-23 employee information update fee.
40-24 SECTION 25. Section 20, Private Investigators and Private
40-25 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
40-26 Statutes), is amended to read as follows:
40-27 Sec. 20. TRAINING PROGRAMS. (a) The board shall establish
41-1 a basic training course for commissioned security officers. The
41-2 course must include, at a minimum:
41-3 (1) general security officer training issues;
41-4 (2) classroom instruction on handgun proficiency; and
41-5 (3) range instruction on handgun proficiency.
41-6 (b) The course must be offered and taught by schools and
41-7 instructors approved by the board. To receive board approval, a
41-8 school or an instructor must submit an application to the board on
41-9 a form provided by the board.
41-10 (c) [(b)] The basic training course approved by the board
41-11 shall consist of a minimum of 30 hours.
41-12 (d) The general security officer training portion of the
41-13 course must [and shall] include instruction on:
41-14 (1) board rules and applicable state laws [legal
41-15 limitations on the use of firearms and on the powers and authority
41-16 of a security officer];
41-17 (2) [familiarity with this Act;]
41-18 [(3)] field note taking and report writing;
41-19 [(4) range firing and procedure, and firearms safety
41-20 and maintenance;] and
41-21 (3) [(5)] any other topics of security officer
41-22 training curriculum which the board deems necessary.
41-23 (e) [(c)] The board shall develop a commissioned security
41-24 officer training manual that contains applicable state laws and
41-25 board rules to be used in the instructing and training of
41-26 commissioned security officers.
41-27 (f) [(d)] The board shall promulgate all rules necessary to
42-1 administer the provisions of this section concerning the training
42-2 requirements of this Act.
42-3 (g) [(e)] The board may not issue a security officer
42-4 commission to an applicant employed by a licensee unless the
42-5 applicant submits evidence satisfactory to the board that the
42-6 applicant:
42-7 (1) [he] has completed the basic training course at a
42-8 school or under an instructor approved by the board;
42-9 (2) [he] meets all qualifications established by this
42-10 Act and by the rules of the board; and
42-11 (3) [he] has achieved the score required by the board
42-12 on the examination under Section 20B of this Act [satisfied his
42-13 firearm training instructor that he has attained with a handgun a
42-14 minimum average marksmanship competency of 160 out of 300 on an
42-15 "Army L" target or a minimum of 80 out of 150 on an F.B.I.
42-16 Silhouette target (N.R.A. B-27), at 50 feet with 10 shots slow
42-17 fire, 10 shots time fire and 10 shots double-action or complies
42-18 with the standards of marksmanship set by the board;]
42-19 [(4) he has satisfied his firearm training instructor
42-20 that he has complied with the standards of marksmanship set by the
42-21 board for minimum marksmanship competency with a shotgun].
42-22 (h) [(f)] In addition to the requirements of Subsection (g)
42-23 [(e)] of this section, the board by rules and regulations shall
42-24 establish other qualifications for persons who are employed in
42-25 positions requiring the carrying of firearms. These qualifications
42-26 may include physical and mental standards, standards of good moral
42-27 character, and other requirements that relate to the competency and
43-1 reliability of individuals to carry firearms. The board shall
43-2 prescribe appropriate forms and rules and regulations by which
43-3 evidence that the requirements are fulfilled is presented. [The
43-4 board shall require commissioned security officers and applicants
43-5 for security officer commissions to demonstrate proficiency in the
43-6 use of firearms to the satisfaction of a firearm training
43-7 instructor who is employed by a board approved training school.]
43-8 An applicant for a security officer commission must demonstrate
43-9 proficiency not earlier than the 90th day before the date on which
43-10 the security officer commission is to be issued. A commissioned
43-11 security officer must demonstrate proficiency not earlier than the
43-12 90th day before the date on which the commission is to be renewed.
43-13 The records of this proficiency shall be maintained by the school
43-14 and available for inspection by the board.
43-15 (i) [(g)] The board shall prescribe appropriate rules and
43-16 regulations for the maintenance of records relating to persons
43-17 issued security officer commissions by the board.
43-18 (j) The handgun proficiency course must include at least 10
43-19 hours and not more than 15 hours of instruction on:
43-20 (1) the laws that relate to weapons and to the use of
43-21 deadly force;
43-22 (2) handgun use, proficiency, and safety;
43-23 (3) nonviolent dispute resolution; and
43-24 (4) proper storage practices for handguns, with an
43-25 emphasis on storage practices that eliminate the possibility of
43-26 accidental injury to a child.
43-27 (k) The range instruction on handgun proficiency must
44-1 include an actual demonstration by the applicant of the applicant's
44-2 ability to safely and proficiently use a handgun. The applicant
44-3 must demonstrate, at a minimum, the degree of proficiency that is
44-4 required to effectively operate a 9-millimeter or .38-caliber
44-5 handgun.
44-6 (l) The board by rule shall establish minimum standards for
44-7 handgun proficiency that are at least as stringent as the standards
44-8 for handgun proficiency developed by the public safety director
44-9 under Section 411.188, Government Code.
44-10 SECTION 26. Subchapter C, Private Investigators and Private
44-11 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
44-12 Statutes), is amended by adding Sections 20A and 20B to read as
44-13 follows:
44-14 Sec. 20A. CONTINUING EDUCATION COURSE IN HANDGUN
44-15 PROFICIENCY. The board by rule shall develop a continuing
44-16 education course in handgun proficiency required for renewal of a
44-17 security officer commission. Only a board-approved instructor may
44-18 administer the continuing education course. The course must
44-19 include:
44-20 (1) at least four hours of instruction on one or more
44-21 of the subjects listed in Section 20(j) of this Act; and
44-22 (2) other information that the director determines is
44-23 appropriate.
44-24 Sec. 20B. HANDGUN PROFICIENCY EXAMINATION. (a) Only a
44-25 board-approved instructor may administer the handgun proficiency
44-26 examination required to obtain or to renew a security officer
44-27 commission.
45-1 (b) The proficiency examination must include:
45-2 (1) a written section on the subjects listed in
45-3 Section 20(j) of this Act; and
45-4 (2) a physical demonstration of handgun proficiency
45-5 that meets the minimum standards established under Section 20(k) or
45-6 (l) of this Act.
45-7 SECTION 27. Section 36, Private Investigators and Private
45-8 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
45-9 Statutes), is amended to read as follows:
45-10 Sec. 36. POCKET CARD[: RENEWAL]. [(a)] A pocket card
45-11 issued to [a noncommissioned security officer shall be issued to
45-12 the individual employee and is valid for four years. A pocket card
45-13 issued to] any [other] individual registered under Section 32 of
45-14 this Act [shall be issued to the individual's employer and] is
45-15 valid for two years. The pocket card must state the name of the
45-16 individual who is registered. A pocket card for an owner, officer,
45-17 partner, or shareholder of a license holder shall be issued to the
45-18 license holder.
45-19 [(b) On notification from the board the month before
45-20 expiration of the registrant's pocket card, each registrant shall
45-21 file for renewal of registration on a form designed by the board.]
45-22 SECTION 28. Subchapter C, Private Investigators and Private
45-23 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
45-24 Statutes), is amended by adding Section 36A to read as follows:
45-25 Sec. 36A. REGISTRATION RENEWAL. (a) A person who is
45-26 otherwise eligible to renew a registration may renew an unexpired
45-27 registration by paying the required renewal fee to the board before
46-1 the expiration date of the registration. A person whose
46-2 registration has expired may not engage in activities that require
46-3 a registration until the registration has been renewed.
46-4 (b) A person whose registration has been expired for 90 days
46-5 or less may renew the registration by paying to the board a renewal
46-6 fee that is equal to 1-1/2 times the normally required renewal fee.
46-7 (c) A person whose registration has been expired for more
46-8 than 90 days but less than one year may renew the registration by
46-9 paying to the board a renewal fee that is equal to two times the
46-10 normally required renewal fee.
46-11 (d) A person whose registration has been expired for one
46-12 year or more may not renew the registration. The person may obtain
46-13 a new registration by complying with the requirements and
46-14 procedures, including any examination required by the board, for
46-15 obtaining an original registration.
46-16 (e) A person who was registered in this state, moved to
46-17 another state, and is currently registered and has been in practice
46-18 in the other state for the two years preceding the date of
46-19 application may obtain a new registration without reexamination.
46-20 The person must pay to the board a fee that is equal to two times
46-21 the normally required renewal fee for the registration.
46-22 (f) Not later than the 30th day before the date a person's
46-23 registration is scheduled to expire, the board shall send written
46-24 notice of the impending expiration to the person at the person's
46-25 last known address according to the records of the board.
46-26 SECTION 29. Section 37, Private Investigators and Private
46-27 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
47-1 Statutes), is amended to read as follows:
47-2 Sec. 37. POCKET CARD[: RETURN AND] TRANSFER. [(a) When an
47-3 individual to whom a pocket card has been issued under Section 34
47-4 of this Act terminates his position as a private investigator,
47-5 manager, branch office manager, alarm systems installer, private
47-6 security consultant, security sales person, alarm systems monitor,
47-7 or dog trainer, or as an owner, officer, partner, or shareholder of
47-8 a licensee, the individual shall return his pocket card to the
47-9 licensee on termination of his employment.]
47-10 [(b) An individual who terminates his position as a
47-11 noncommissioned security officer may retain the pocket card for use
47-12 in future employment as provided by Subsection (c) of this section.]
47-13 [(c)] An individual who is registered with the board [as a
47-14 noncommissioned security officer] may transfer the registration
47-15 from one employer to another employer if, not later than the 14th
47-16 [10th] day after the date on which the registrant begins new
47-17 employment, the new employer notifies the board of the transfer of
47-18 employment on a form prescribed by the board accompanied by the
47-19 employee information update fee.
47-20 SECTION 30. Subchapter C, Private Investigators and Private
47-21 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
47-22 Statutes), is amended by adding Section 39A to read as follows:
47-23 Sec. 39A. CRIMINAL HISTORY CHECK. (a) The board shall
47-24 conduct a criminal history check, including a check of any criminal
47-25 history record information maintained by the Federal Bureau of
47-26 Investigation, in the manner provided by Subchapter F, Chapter 411,
47-27 Government Code, on each applicant for a license, registration,
48-1 security officer commission, letter of approval, permit, or
48-2 certification. An applicant is not eligible for a license,
48-3 registration, commission, letter of approval, permit, or
48-4 certification if the check reveals that the applicant has committed
48-5 an act that constitutes grounds for the denial of the license,
48-6 registration, commission, letter of approval, permit, or
48-7 certification. Each applicant shall include in the application two
48-8 complete sets of fingerprints on forms prescribed by the board
48-9 accompanied by the fee set by the board.
48-10 (b) Before beginning employment as a commissioned security
48-11 officer, the applicant must be approved by the board based on the
48-12 results of the check conducted under Subsection (a) of this
48-13 section. To continue employment in a capacity regulated under this
48-14 Act other than as a commissioned security officer, the applicant
48-15 must be approved by the board based on the results of the check
48-16 conducted under Subsection (a) of this section not later than the
48-17 120th day after the date the applicant begins employment in that
48-18 capacity.
48-19 (c) A license, registration, security officer commission,
48-20 letter of approval, permit, or certification issued by the board is
48-21 conditional on the board's receipt of criminal history record
48-22 information.
48-23 SECTION 31. Section 44, Private Investigators and Private
48-24 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
48-25 Statutes), is amended by adding Subsections (h) and (i) to read as
48-26 follows:
48-27 (h) A person commits an offense if the person contracts with
49-1 or is employed by a bondsman as defined by Chapter 550, Acts of the
49-2 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
49-3 Texas Civil Statutes), to secure the appearance of a person who has
49-4 violated Section 38.10, Penal Code, unless the person is:
49-5 (1) a peace officer;
49-6 (2) an individual licensed as a private investigator
49-7 or the manager of a licensed investigations company; or
49-8 (3) a commissioned security officer employed by a
49-9 licensed guard company.
49-10 (i) An offense under Subsection (h) of this section is a
49-11 state jail felony.
49-12 SECTION 32. Subchapter D, Private Investigators and Private
49-13 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
49-14 Statutes), is amended by adding Section 45A to read as follows:
49-15 Sec. 45A. LICENSE RENEWAL. (a) A person who is otherwise
49-16 eligible to renew a license may renew an unexpired license by
49-17 paying the required renewal fee to the board before the expiration
49-18 date of the license. A person whose license has expired may not
49-19 engage in activities that require a license until the license has
49-20 been renewed.
49-21 (b) A person whose license has been expired for 90 days or
49-22 less may renew the license by paying to the board a renewal fee
49-23 that is equal to 1-1/2 times the normally required renewal fee.
49-24 (c) A person whose license has been expired for more than 90
49-25 days but less than one year may renew the license by paying to the
49-26 board a renewal fee that is equal to two times the normally
49-27 required renewal fee.
50-1 (d) A person whose license has been expired for one year or
50-2 more may not renew the license. The person may obtain a new
50-3 license by complying with the requirements and procedures,
50-4 including the examination requirements, for obtaining an original
50-5 license.
50-6 (e) A person who was licensed in this state, moved to
50-7 another state, and is currently licensed and has been in practice
50-8 in the other state for the two years preceding the date of
50-9 application may obtain a new license without reexamination. The
50-10 person must pay to the board a fee that is equal to two times the
50-11 normally required renewal fee for the license.
50-12 (f) Not later than the 30th day before the date a person's
50-13 license is scheduled to expire, the board shall send written notice
50-14 of the impending expiration to the person at the person's last
50-15 known address according to the records of the board.
50-16 SECTION 33. Subchapter D, Private Investigators and Private
50-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
50-18 Statutes), is amended by adding Section 46A to read as follows:
50-19 Sec. 46A. STAGGERED RENEWAL; PRORATION OF LICENSE FEE. The
50-20 board by rule may adopt a system under which licenses expire on
50-21 various dates during the year. For the year in which the license
50-22 expiration date is changed, the board shall prorate license fees on
50-23 a monthly basis so that each license holder pays only that portion
50-24 of the license fee that is allocable to the number of months during
50-25 which the license is valid. On renewal of the license on the new
50-26 expiration date, the total license renewal fee is payable.
50-27 SECTION 34. Section 49, Private Investigators and Private
51-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
51-2 Statutes), is amended to read as follows:
51-3 Sec. 49. NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES
51-4 [FELONY OR CRIME INVOLVING MORAL TURPITUDE]. The Texas Department
51-5 of Public Safety shall notify the board, and the police department
51-6 and the sheriff's department of the city and county in which
51-7 [wherein] any person licensed, commissioned, or registered under
51-8 this Act resides, of the conviction of such person for a Class B
51-9 misdemeanor or equivalent offense or a greater offense [felony or a
51-10 crime involving moral turpitude].
51-11 SECTION 35. Section 50A, Private Investigators and Private
51-12 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
51-13 Statutes), is amended to read as follows:
51-14 Sec. 50A. COMPLAINTS. (a) The board shall maintain a file
51-15 on each written complaint filed with the board. The file must
51-16 include:
51-17 (1) the name of the person who filed the complaint;
51-18 (2) the date the complaint is received by the board;
51-19 (3) the subject matter of the complaint;
51-20 (4) the name of each person contacted in relation to
51-21 the complaint;
51-22 (5) a summary of the results of the review or
51-23 investigation of the complaint; and
51-24 (6) an explanation of the reason the file was closed,
51-25 if the agency closed the file without taking action other than to
51-26 investigate the complaint [keep an information file about each
51-27 complaint filed with the board relating to a person regulated by
52-1 the board].
52-2 (b) The board shall provide to the person filing the
52-3 complaint a copy of the board's policies and procedures relating to
52-4 complaint investigation and resolution.
52-5 (c) Unless it would jeopardize an undercover investigation,
52-6 the board shall provide to each person who is a subject of the
52-7 complaint a copy of the board's policies and procedures relating to
52-8 complaint investigation and resolution.
52-9 (d) The board, at least quarterly until final disposition of
52-10 the complaint, shall notify the person filing the complaint and
52-11 each person who is a subject of the complaint of the status of the
52-12 investigation unless the notice [If a written complaint is filed
52-13 with the board relating to a person regulated by the board, the
52-14 board, at least as frequently as quarterly, shall notify the
52-15 parties to the complaint of the status of the complaint until final
52-16 disposition unless the notification] would jeopardize an undercover
52-17 investigation.
52-18 SECTION 36. The Private Investigators and Private Security
52-19 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
52-20 amended by adding Subchapter E to read as follows:
52-21 SUBCHAPTER E. ADMINISTRATIVE PENALTY
52-22 Sec. 61. IMPOSITION OF PENALTY. In addition to any other
52-23 disciplinary action taken by the board, the board may impose an
52-24 administrative penalty on a person licensed, commissioned, or
52-25 registered under this Act who violates this Act or a rule or order
52-26 adopted under this Act.
52-27 Sec. 62. AMOUNT OF PENALTY. (a) Each day a violation
53-1 continues or occurs is a separate violation for purposes of
53-2 imposing a penalty. The amount of each separate violation may not
53-3 exceed $200.
53-4 (b) The amount of a violation shall be based on:
53-5 (1) the seriousness of the violation, including the
53-6 nature, circumstances, extent, and gravity of the violation;
53-7 (2) the economic harm to property or the public caused
53-8 by the violation;
53-9 (3) the history of previous violations;
53-10 (4) the amount necessary to deter a future violation;
53-11 (5) efforts to correct the violation; and
53-12 (6) any other matter that justice may require.
53-13 Sec. 63. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)
53-14 If the director determines that a violation occurred, the director
53-15 may issue to the board a report stating:
53-16 (1) the facts on which the determination is based; and
53-17 (2) the director's recommendation on the imposition of
53-18 the penalty, including a recommendation on the amount of the
53-19 penalty.
53-20 (b) Not later than the 14th day after the date the report is
53-21 issued, the director shall give written notice of the report to the
53-22 person.
53-23 (c) The notice must:
53-24 (1) include a brief summary of the alleged violation;
53-25 (2) state the amount of the recommended penalty; and
53-26 (3) inform the person of the person's right to a
53-27 hearing on the occurrence of the violation, the amount of the
54-1 penalty, or both.
54-2 Sec. 64. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not
54-3 later than the 20th day after the date the person receives the
54-4 notice, the person in writing may:
54-5 (1) accept the determination and recommended penalty
54-6 of the director; or
54-7 (2) make a request for a hearing on the occurrence of
54-8 the violation, the amount of the penalty, or both.
54-9 (b) If the person accepts the determination and recommended
54-10 penalty of the director, the board by order shall approve the
54-11 determination and impose the recommended penalty.
54-12 Sec. 65. HEARING. (a) If the person requests a hearing or
54-13 fails to respond in a timely manner to the notice, the director
54-14 shall set a hearing and give written notice of the hearing to the
54-15 person. An administrative law judge of the State Office of
54-16 Administrative Hearings shall hold the hearing.
54-17 (b) The administrative law judge shall make findings of fact
54-18 and conclusions of law and promptly issue to the board a proposal
54-19 for a decision about the occurrence of the violation and the amount
54-20 of a proposed penalty.
54-21 Sec. 66. DECISION BY BOARD. (a) Based on the findings of
54-22 fact, conclusions of law, and proposal for a decision, the board by
54-23 order may:
54-24 (1) find that a violation occurred and impose a
54-25 penalty; or
54-26 (2) find that a violation did not occur.
54-27 (b) The notice of the board's order given to the person must
55-1 include a statement of the right of the person to judicial review
55-2 of the order.
55-3 Sec. 67. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. Not
55-4 later than the 30th day after the date the board's order becomes
55-5 final, the person shall:
55-6 (1) pay the penalty; or
55-7 (2) file a petition for judicial review contesting the
55-8 occurrence of the violation, the amount of the penalty, or both.
55-9 Sec. 68. STAY OF ENFORCEMENT OF PENALTY. (a) Within the
55-10 30-day period prescribed by Section 67 of this Act, a person who
55-11 files a petition for judicial review may:
55-12 (1) stay enforcement of the penalty by:
55-13 (A) paying the penalty to the court for
55-14 placement in an escrow account; or
55-15 (B) giving the court a supersedeas bond approved
55-16 by the court that:
55-17 (i) is for the amount of the penalty; and
55-18 (ii) is effective until all judicial
55-19 review of the board's order is final; or
55-20 (2) request the court to stay enforcement of the
55-21 penalty by:
55-22 (A) filing with the court a sworn affidavit of
55-23 the person stating that the person is financially unable to pay the
55-24 penalty and is financially unable to give the supersedeas bond; and
55-25 (B) giving a copy of the affidavit to the
55-26 director by certified mail.
55-27 (b) If the director receives a copy of an affidavit under
56-1 Subsection (a)(2) of this section, the director may file with the
56-2 court, not later than the fifth day after the date the copy is
56-3 received, a contest to the affidavit. The court shall hold a
56-4 hearing on the facts alleged in the affidavit as soon as
56-5 practicable and shall stay the enforcement of the penalty on
56-6 finding that the alleged facts are true. The person who files an
56-7 affidavit has the burden of proving that the person is financially
56-8 unable to pay the penalty and to give a supersedeas bond.
56-9 Sec. 69. COLLECTION OF PENALTY. (a) If the person does not
56-10 pay the penalty and the enforcement of the penalty is not stayed,
56-11 the penalty may be collected.
56-12 (b) The attorney general may sue to collect the penalty.
56-13 Sec. 70. DECISION BY COURT. (a) If the court sustains the
56-14 finding that a violation occurred, the court may uphold or reduce
56-15 the amount of the penalty and order the person to pay the full or
56-16 reduced amount of the penalty.
56-17 (b) If the court does not sustain the finding that a
56-18 violation occurred, the court shall order that a penalty is not
56-19 owed.
56-20 Sec. 71. REMITTANCE OF PENALTY AND INTEREST. (a) If the
56-21 person paid the penalty and if the amount of the penalty is reduced
56-22 or the penalty is not upheld by the court, the court shall order,
56-23 when the court's judgment becomes final, that the appropriate
56-24 amount plus accrued interest be remitted to the person.
56-25 (b) The interest accrues at the rate charged on loans to
56-26 depository institutions by the New York Federal Reserve Bank.
56-27 (c) The interest shall be paid for the period beginning on
57-1 the date the penalty is paid and ending on the date the penalty is
57-2 remitted.
57-3 Sec. 72. RELEASE OF BOND. (a) If the person gave a
57-4 supersedeas bond and the penalty is not upheld by the court, the
57-5 court shall order, when the court's judgment becomes final, the
57-6 release of the bond.
57-7 (b) If the person gave a supersedeas bond and the amount of
57-8 the penalty is reduced, the court shall order the release of the
57-9 bond after the person pays the reduced amount.
57-10 Sec. 73. ADMINISTRATIVE PROCEDURE. A proceeding to impose
57-11 the penalty is considered to be a contested case under Chapter
57-12 2001, Government Code.
57-13 SECTION 37. Article 2.12, Code of Criminal Procedure, is
57-14 amended to read as follows:
57-15 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
57-16 officers:
57-17 (1) sheriffs and their deputies;
57-18 (2) constables and deputy constables;
57-19 (3) marshals or police officers of an incorporated
57-20 city, town, or village;
57-21 (4) rangers and officers commissioned by the Public
57-22 Safety Commission and the Director of the Department of Public
57-23 Safety;
57-24 (5) investigators of the district attorneys', criminal
57-25 district attorneys', and county attorneys' offices;
57-26 (6) law enforcement agents of the Texas Alcoholic
57-27 Beverage Commission;
58-1 (7) each member of an arson investigating unit
58-2 commissioned by a city, a county, or the state;
58-3 (8) officers commissioned under Section 37.081,
58-4 Education Code, or Subchapter E, Chapter 51, Education Code;
58-5 (9) officers commissioned by the General Services
58-6 Commission;
58-7 (10) law enforcement officers commissioned by the
58-8 Parks and Wildlife Commission;
58-9 (11) airport police officers commissioned by a city
58-10 with a population of more than one million, according to the most
58-11 recent federal census, that operates an airport that serves
58-12 commercial air carriers;
58-13 (12) airport security personnel commissioned as peace
58-14 officers by the governing body of any political subdivision of this
58-15 state, other than a city described by Subdivision (11), that
58-16 operates an airport that serves commercial air carriers;
58-17 (13) municipal park and recreational patrolmen and
58-18 security officers;
58-19 (14) security officers commissioned as peace officers
58-20 by the comptroller;
58-21 (15) officers commissioned by a water control and
58-22 improvement district under Section 49.216, Water Code;
58-23 (16) officers commissioned by a board of trustees
58-24 under Chapter 341, Acts of the 57th Legislature, Regular Session,
58-25 1961 (Article 1187f, Vernon's Texas Civil Statutes);
58-26 (17) investigators commissioned by the Texas State
58-27 Board of Medical Examiners;
59-1 (18) officers commissioned by the board of managers of
59-2 the Dallas County Hospital District, the Tarrant County Hospital
59-3 District, or the Bexar County Hospital District under Section
59-4 281.057, Health and Safety Code;
59-5 (19) county park rangers commissioned under Subchapter
59-6 E, Chapter 351, Local Government Code;
59-7 (20) investigators employed by the Texas Racing
59-8 Commission;
59-9 (21) officers commissioned by the State Board of
59-10 Pharmacy;
59-11 (22) officers commissioned by the governing body of a
59-12 metropolitan rapid transit authority under Section 451.108,
59-13 Transportation Code, or by a regional transportation authority
59-14 under Section 452.110, Transportation Code;
59-15 (23) investigators commissioned by the attorney
59-16 general under Section 402.009, Government Code;
59-17 (24) security officers and investigators commissioned
59-18 as peace officers under Chapter 466, Government Code;
59-19 (25) an officer employed by the Texas Department of
59-20 Health under Section 431.2471, Health and Safety Code;
59-21 (26) officers appointed by an appellate court under
59-22 Subchapter F, Chapter 53, Government Code;
59-23 (27) officers commissioned by the state fire marshal
59-24 under Chapter 417, Government Code;
59-25 (28) an investigator commissioned by the commissioner
59-26 of insurance under Article 1.10D, Insurance Code; [and]
59-27 (29) apprehension specialists commissioned by the
60-1 Texas Youth Commission as officers under Section 61.0931, Human
60-2 Resources Code; and
60-3 (30) board investigators commissioned by the Texas
60-4 Commission on Private Security under Section 10(f), Private
60-5 Investigators and Private Security Agencies Act (Article
60-6 4413(29bb), Vernon's Texas Civil Statutes).
60-7 SECTION 38. Section 411.042(b), Government Code, is amended
60-8 to read as follows:
60-9 (b) The bureau of identification and records shall:
60-10 (1) procure and file for record photographs, pictures,
60-11 descriptions, fingerprints, measurements, and other pertinent
60-12 information of all persons arrested for or charged with a criminal
60-13 offense or convicted of a criminal offense, regardless of whether
60-14 the conviction is probated;
60-15 (2) collect information concerning the number and
60-16 nature of offenses reported or known to have been committed in the
60-17 state and the legal steps taken in connection with the offenses,
60-18 and other information useful in the study of crime and the
60-19 administration of justice, including a statistical breakdown of
60-20 those offenses in which family violence was involved;
60-21 (3) make ballistic tests of bullets and firearms and
60-22 chemical analyses of bloodstains, cloth, materials, and other
60-23 substances for law enforcement officers of the state;
60-24 (4) cooperate with identification and crime records
60-25 bureaus in other states and the United States Department of
60-26 Justice; [and]
60-27 (5) maintain a list of all previous background checks
61-1 for applicants for any position regulated under the Private
61-2 Investigators and Private Security Agencies Act (Article
61-3 4413(29bb), Vernon's Texas Civil Statutes) who have undergone a
61-4 criminal history background check under Section 411.119, if the
61-5 check indicates a Class B misdemeanor or equivalent offense or a
61-6 greater offense; and
61-7 (6) collect information concerning the number and
61-8 nature of protective orders and all other pertinent information
61-9 about all persons on active protective orders. Information in the
61-10 law enforcement information system relating to an active protective
61-11 order shall include:
61-12 (A) the name, sex, race, date of birth, personal
61-13 descriptors, address, and county of residence of the person to whom
61-14 the order is directed;
61-15 (B) any known identifying number of the person
61-16 to whom the order is directed, including the person's social
61-17 security number or driver's license number;
61-18 (C) the name and county of residence of the
61-19 person protected by the order;
61-20 (D) the residence address and place of
61-21 employment or business of the person protected by the order, unless
61-22 that information is excluded from the order under Section 85.007
61-23 [71.111], Family Code;
61-24 (E) the child-care facility or school where a
61-25 child protected by the order normally resides or which the child
61-26 normally attends, unless that information is excluded from the
61-27 order under Section 85.007 [71.111], Family Code;
62-1 (F) the relationship or former relationship
62-2 between the person who is protected by the order and the person to
62-3 whom the order is directed; and
62-4 (G) the date the order expires.
62-5 SECTION 39. Section 411.119, Government Code, is amended to
62-6 read as follows:
62-7 Sec. 411.119. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
62-8 TEXAS COMMISSION ON PRIVATE SECURITY [TEXAS BOARD OF PRIVATE
62-9 INVESTIGATORS AND PRIVATE SECURITY AGENCIES]. The Texas Commission
62-10 on Private Security [Texas Board of Private Investigators and
62-11 Private Security Agencies] is entitled to obtain from the
62-12 department criminal history record information maintained by the
62-13 department, including information maintained under Section
62-14 411.042(b)(5), that relates to [a person who is]:
62-15 (1) an applicant for a license, registration, [or]
62-16 security officer commission, letter of approval, permit, or handgun
62-17 instructor certification under the Private Investigators and
62-18 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
62-19 Civil Statutes); or
62-20 (2) a person who holds a license, registration,
62-21 security officer commission, letter of approval, permit, or handgun
62-22 instructor certification under the Private Investigators and
62-23 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
62-24 Civil Statutes) [an applicant for a position regulated under that
62-25 Act].
62-26 SECTION 40. (a) The Texas Commission on Private Security,
62-27 formerly named the Texas Board of Private Investigators and Private
63-1 Security Agencies, is a criminal justice agency for the sole
63-2 purpose of directly obtaining criminal history records maintained
63-3 by the Federal Bureau of Investigation.
63-4 (b) As soon as practicable after the effective date of this
63-5 Act, the director of the Texas Commission on Private Security shall
63-6 request from the appropriate official at the United States
63-7 Department of Justice a determination letter as to whether the
63-8 Texas Commission on Private Security is recognized as a criminal
63-9 justice agency for the sole purpose of directly obtaining criminal
63-10 history records maintained by the Federal Bureau of Investigation.
63-11 (c) On receipt of the letter requested under Subsection (b)
63-12 of this section, the director of the Texas Commission on Private
63-13 Security shall give the letter to the secretary of state for
63-14 publication in the Texas Register.
63-15 (d) Notwithstanding Section 39A, Private Investigators and
63-16 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
63-17 Civil Statutes), as added by this Act, if the letter requested
63-18 under Subsection (b) of this section grants recognition as a
63-19 criminal justice agency for the purpose of directly obtaining
63-20 criminal history records maintained by the Federal Bureau of
63-21 Investigation, the Texas Commission on Private Security shall
63-22 directly request from the Federal Bureau of Investigation criminal
63-23 history records maintained by the Federal Bureau of Investigation
63-24 rather than making requests through the Department of Public Safety
63-25 as authorized by Section 411.087, Government Code.
63-26 (e) If the letter requested under Subsection (b) of this
63-27 section does not grant recognition as a criminal justice agency for
64-1 the purpose of directly obtaining criminal history records
64-2 maintained by the Federal Bureau of Investigation, this section has
64-3 no effect.
64-4 SECTION 41. (a) For the purpose of compliance with Section
64-5 5(a), Private Investigators and Private Security Agencies Act
64-6 (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended by
64-7 this Act, the governor shall appoint three additional members to
64-8 the Texas Commission on Private Security in accordance with this
64-9 section.
64-10 (b) The governor shall appoint two public members and one
64-11 person who is qualified under Section 5(a)(5), Private
64-12 Investigators and Private Security Agencies Act (Article
64-13 4413(29bb), Vernon's Texas Civil Statutes), as added by this Act.
64-14 The governor shall appoint the person who is qualified under
64-15 Section 5(a)(5), Private Investigators and Private Security
64-16 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes),
64-17 as added by this Act, to a term expiring January 31, 2001. The
64-18 governor shall appoint one public member to a term expiring January
64-19 31, 2003, and one public member to a term expiring January 31,
64-20 2005.
64-21 SECTION 42. (a) For the purpose of compliance with Section
64-22 5(a), Private Investigators and Private Security Agencies Act
64-23 (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended by
64-24 this Act, the governor shall appoint members to the Texas
64-25 Commission on Private Security, to fill a vacancy or as terms
64-26 expire, in accordance with this section.
64-27 (b) In appointing members to the two positions that, before
65-1 the effective date of this Act, were held by members who were
65-2 private investigators or security service contractors, the governor
65-3 shall appoint one member who is a licensed private investigator and
65-4 one member who is a licensed alarm systems company.
65-5 SECTION 43. The changes in law made by this Act to Section
65-6 5(a), Private Investigators and Private Security Agencies Act
65-7 (Article 4413(29bb), Vernon's Texas Civil Statutes), do not affect
65-8 the entitlement of an appointed member of the Texas Board of
65-9 Private Investigators and Private Security Agencies serving on the
65-10 board immediately before the effective date of this Act to continue
65-11 to serve on the Texas Commission on Private Security for the
65-12 remainder of the member's term or to serve in a holdover capacity
65-13 until a successor is appointed and takes office. This Act does not
65-14 prohibit a board member from being reappointed to the commission if
65-15 the person has the qualifications required by the Private
65-16 Investigators and Private Security Agencies Act (Article
65-17 4413(29bb), Vernon's Texas Civil Statutes), as amended by this Act.
65-18 SECTION 44. (a) On and after January 1, 2000, the State
65-19 Office of Administrative Hearings shall assume responsibility for
65-20 hearings, other than on any summary suspension or summary denial of
65-21 applications, held with respect to contested cases arising under
65-22 the Private Investigators and Private Security Agencies Act
65-23 (Article 4413(29bb), Vernon's Texas Civil Statutes), and the chief
65-24 administrative law judge of the State Office of Administrative
65-25 Hearings may agree to a transfer of contested cases pending before
65-26 the Texas Commission on Private Security to the State Office of
65-27 Administrative Hearings before January 1, 2000.
66-1 (b) This Act does not require a transfer of any personnel
66-2 from the Texas Commission on Private Security to the State Office
66-3 of Administrative Hearings.
66-4 SECTION 45. Section 11B, Private Investigators and Private
66-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
66-6 Statutes), as amended by this Act, and Section 11E, Private
66-7 Investigators and Private Security Agencies Act (Article
66-8 4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
66-9 apply only to a disciplinary action that is initiated on or after
66-10 the effective date of this Act. A disciplinary action that is
66-11 initiated before the effective date of this Act is governed by the
66-12 law in effect on the date the disciplinary action is initiated, and
66-13 that law is continued in effect for that purpose.
66-14 SECTION 46. Section 14(a), Private Investigators and Private
66-15 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
66-16 Statutes), as amended by this Act, and Section 14(a-1), Private
66-17 Investigators and Private Security Agencies Act (Article
66-18 4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
66-19 apply only to a license application filed on or after the effective
66-20 date of this Act. A license application that is filed before the
66-21 effective date of this Act is governed by the law in effect on the
66-22 date the license application is filed, and that law is continued in
66-23 effect for that purpose.
66-24 SECTION 47. Section 17, Private Investigators and Private
66-25 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
66-26 Statutes), as amended by this Act, applies only to a
66-27 noncommissioned security officer registration that expires on or
67-1 after the effective date of this Act. A noncommissioned security
67-2 officer registration that expires before the effective date of this
67-3 Act is governed by the law in effect on the date the registration
67-4 expires, and that law is continued in effect for that purpose.
67-5 SECTION 48. Section 20, Private Investigators and Private
67-6 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
67-7 Statutes), as amended by this Act, applies only to an application
67-8 for a security officer commission filed on or after the effective
67-9 date of this Act. An application for a security officer commission
67-10 that is filed before the effective date of this Act is governed by
67-11 the law in effect on the date the application is filed, and that
67-12 law is continued in effect for that purpose.
67-13 SECTION 49. Section 36, Private Investigators and Private
67-14 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
67-15 Statutes), as amended by this Act, applies only to a pocket card
67-16 issued on or after the effective date of this Act. A pocket card
67-17 issued before the effective date of this Act is governed by the law
67-18 in effect on the date the pocket card is issued, and that law is
67-19 continued in effect for that purpose.
67-20 SECTION 50. Sections 36A and 45A, Private Investigators and
67-21 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
67-22 Civil Statutes), as added by this Act, apply only to the renewal of
67-23 a license or registration that expires on or after the effective
67-24 date of this Act. The renewal of a license or registration that
67-25 expires before the effective date of this Act is governed by the
67-26 law in effect immediately before the effective date of this Act,
67-27 and that law is continued in effect for that purpose.
68-1 SECTION 51. Section 39A, Private Investigators and Private
68-2 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
68-3 Statutes), as added by this Act, applies only to a request for a
68-4 criminal history record for an application filed on or after the
68-5 effective date of this Act. A request for a criminal history
68-6 record for an application filed before the effective date of this
68-7 Act is governed by the law in effect on the date the application is
68-8 filed, and that law is continued in effect for that purpose.
68-9 SECTION 52. (a) Sections 44(h) and (i), Private
68-10 Investigators and Private Security Agencies Act (Article
68-11 4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
68-12 apply only to an offense committed on or after the effective date
68-13 of this Act. For purposes of this section, an offense is committed
68-14 before the effective date of this Act if any element of the offense
68-15 occurs before that date.
68-16 (b) An offense committed before the effective date of this
68-17 Act is covered by the law in effect when the offense was committed,
68-18 and the former law is continued in effect for that purpose.
68-19 SECTION 53. Subchapter E, Private Investigators and Private
68-20 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
68-21 Statutes), as added by this Act, applies only to a violation of
68-22 this Act or a rule or order adopted under this Act if that
68-23 violation occurs on or after the effective date of this Act. A
68-24 violation that occurs before the effective date of this Act is
68-25 governed by the law in effect on the date the violation occurred,
68-26 and that law is continued in effect for that purpose.
68-27 SECTION 54. The following provisions of the Private
69-1 Investigators and Private Security Agencies Act (Article
69-2 4413(29bb), Vernon's Texas Civil Statutes), are repealed:
69-3 (1) Section 9;
69-4 (2) Sections 15(e) and (f);
69-5 (3) Sections 19(g), (h), and (j);
69-6 (4) Sections 33(c) and (d);
69-7 (5) Section 38;
69-8 (6) Section 39;
69-9 (7) Section 41;
69-10 (8) Section 43;
69-11 (9) Sections 45(c)-(i); and
69-12 (10) Section 46.
69-13 SECTION 55. This Act takes effect September 1, 1999.
69-14 SECTION 56. The importance of this legislation and the
69-15 crowded condition of the calendars in both houses create an
69-16 emergency and an imperative public necessity that the
69-17 constitutional rule requiring bills to be read on three several
69-18 days in each house be suspended, and this rule is hereby suspended.