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, to the functions performed by that agency, and
1-5 to certain powers of political subdivisions relating to alarm
1-6 systems; providing a penalty.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 1, Private Investigators and Private
1-9 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-10 Statutes), is amended to read as follows:
1-11 Sec. 1. SHORT TITLE. This Act may be cited as the Private
1-12 Security Act. Any reference in law to the Private Investigators
1-13 and Private Security Agencies Act is a reference to the Private
1-14 Security Act.
1-15 SECTION 2. Section 2, Private Investigators and Private
1-16 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-17 Statutes), is amended by amending Subdivisions (1), (4), (5), (28),
1-18 and (33) and by adding Subdivision (37) to read as follows:
1-19 (1) "Board" means the Texas Commission on Private
1-20 Security [Texas Board of Private Investigators and Private Security
1-21 Agencies].
1-22 (4) "Guard company" means any person employing an
1-23 individual described by Section 3(f) of this Act or engaging in the
1-24 business of or undertaking to provide a private watchman, guard, or
2-1 street patrol service on a contractual basis for another person and
2-2 performing any one or more of the following or similar functions:
2-3 (a) prevention of intrusion, entry, larceny,
2-4 vandalism, abuse, fire, or trespass on private property;
2-5 (b) prevention, observation, or detection of any
2-6 unauthorized activity on private property;
2-7 (c) control, regulation, or direction of the
2-8 flow or movements of the public, whether by vehicle or otherwise,
2-9 only to the extent and for the time directly and specifically
2-10 required to assure the protection of property;
2-11 (d) protection of individuals from bodily harm;
2-12 or
2-13 (e) protection of one or more individuals from
2-14 bodily harm through the use of a personal protection officer.
2-15 (5) "Alarm systems company" means any person that
2-16 sells, installs, services, monitors, or responds to alarm systems,
2-17 burglar alarm signal devices, detection devices, burglar alarms,
2-18 robbery alarms, television cameras, or still cameras used to signal
2-19 the presence of an emergency to which law enforcement or emergency
2-20 services are expected to respond [, or any other electrical,
2-21 mechanical, or electronic device used:]
2-22 [(A) to prevent or detect burglary, theft,
2-23 robbery, shoplifting, pilferage, shrinkage, or other losses of that
2-24 type;]
2-25 [(B) to prevent or detect intrusion; or]
2-26 [(C) primarily to detect or summon aid for other
2-27 emergencies].
3-1 (28) "Private security consultant [consultants]" means
3-2 an individual [are persons] who:
3-3 (A) consults, advises, trains, or specifies or
3-4 recommends products, services, methods, or procedures in the
3-5 security loss prevention industry;
3-6 (B) provides a service described by Paragraph
3-7 (A) of this subdivision on an independent basis and without being
3-8 affiliated with a particular service or product; and
3-9 (C) meets the experience requirements
3-10 established by the board [offer advice or services in the field of
3-11 private security].
3-12 (33) "Detection device" means an electronic device
3-13 used as a part of a burglar or hold-up alarm including any control,
3-14 communications, motion detector, door or window switch, sound
3-15 detector, vibration detector, light beam, pressure mat, wiring, or
3-16 similar device [; or any electronic device used to limit access by
3-17 persons into building structures or gate compounds, including any
3-18 control, communications, motion detector, door or window switch,
3-19 card or proximity readers, push-button key pad entry, gate entry
3-20 device, door exit buttons, or similar device].
3-21 (37) "Extra job coordinator" means a peace officer
3-22 who:
3-23 (A) is employed full-time by the state or a
3-24 municipality; and
3-25 (B) schedules other peace officers to provide
3-26 guard, patrolman, or watchman services in a private capacity who
3-27 are:
4-1 (i) employed full-time by the state or a
4-2 municipality; and
4-3 (ii) not employed by the extra job
4-4 coordinator.
4-5 SECTION 3. Section 3, Private Investigators and Private
4-6 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
4-7 Statutes), is amended by amending Subsection (a) and adding
4-8 Subsection (f) to read as follows:
4-9 (a) This Act does not apply to:
4-10 (1) a person employed exclusively and regularly by one
4-11 employer in connection with the affairs of an employer only and
4-12 where there exists an employer-employee relationship; provided,
4-13 however, any person who shall carry a firearm in the course of the
4-14 [his] employment shall be required to obtain a private security
4-15 officer commission under the provisions of this Act;
4-16 (2) except as provided by Subsection (d) of this
4-17 Section, an officer or employee of the United States of America, or
4-18 of this State or political subdivision of either, while the
4-19 employee or officer is engaged in the performance of official
4-20 duties;
4-21 (3) a person who has full-time employment as a peace
4-22 officer, who receives compensation for private employment on an
4-23 individual or an independent contractor basis as a patrolman,
4-24 guard, [or] watchman, or extra job coordinator, if the officer:
4-25 (A) is employed in an employee-employer
4-26 relationship or employed on an individual contractual basis;
4-27 (B) is not in the employ of another peace
5-1 officer;
5-2 (C) is not a reserve peace officer; and
5-3 (D) works as a peace officer on the average of
5-4 at least 32 hours a week, is compensated by the state or a
5-5 political subdivision of the state at the rate of the minimum wage
5-6 or higher, and is entitled to all employee benefits offered to a
5-7 peace officer by the state or political subdivision;
5-8 (4) a person engaged exclusively in the business of
5-9 obtaining and furnishing information for purposes of credit
5-10 worthiness, [or] collecting debts, or ascertaining the reliability
5-11 of information provided by [financial responsibility of] applicants
5-12 for property, life, or disability insurance and for indemnity or
5-13 surety bonds, with respect to persons, firms, and corporations;
5-14 (5) an attorney while engaged in the practice of law
5-15 [attorney-at-law in performing his duties];
5-16 (6) admitted insurers, insurance adjusters, agents,
5-17 and insurance brokers licensed by the State, performing duties in
5-18 connection with insurance transacted by them;
5-19 (7) a person who engages exclusively in the business
5-20 of repossessing property that is secured by a mortgage or other
5-21 security interest;
5-22 (8) a locksmith who does not install or service
5-23 detection devices, does not conduct investigations, and is not a
5-24 security service contractor;
5-25 (9) a person who owns and installs burglar detection
5-26 or alarm devices on the person's [his] own property or, if the
5-27 person [he] does not charge for the device or its installation,
6-1 installs it for the protection of the person's [his] personal
6-2 property located on another's property, and does not install the
6-3 devices as a normal business practice on the property of another;
6-4 (10) an employee of a cattle association who is
6-5 engaged in inspection of brands of livestock under the authority
6-6 granted to that cattle association by the Packers and Stockyards
6-7 Division of the United States Department of Agriculture;
6-8 (11) a common carrier by rail engaged in interstate
6-9 commerce and regulated by state and federal authorities and
6-10 transporting commodities essential to the national defense and to
6-11 the general welfare and safety of the community;
6-12 (12) a licensed [registered] professional engineer
6-13 practicing engineering or directly supervising engineering practice
6-14 in accordance with the provisions of the Texas Engineering Practice
6-15 Act, including [that does not install or service detection devices,
6-16 does not conduct nonengineering investigations, is performing]
6-17 forensic analysis [engineering studies], burglar alarm system
6-18 engineering, and necessary data collection [and is not a security
6-19 services contractor];
6-20 (13) a person whose sale of burglar alarm signal
6-21 devices, burglary alarms, television cameras, still cameras, or
6-22 other electrical, mechanical, or electronic devices used for
6-23 preventing or detecting burglary, theft, shoplifting, pilferage, or
6-24 other losses is exclusively over-the-counter or by mail order;
6-25 (14) a person who holds a license or other form of
6-26 permission issued by an incorporated city or town to practice as an
6-27 electrician and who installs fire or smoke detectors in no building
7-1 other than a single family or multifamily residence;
7-2 (15) a person or organization in the business of
7-3 building construction that installs electrical wiring and devices
7-4 that may include in part the installation of a burglar alarm or
7-5 detection device if:
7-6 (A) the person or organization is a party to a
7-7 contract that provides that the installation will be performed
7-8 under the direct supervision of and inspected and certified by a
7-9 person or organization licensed to install and certify such an
7-10 alarm or detection device and that the licensee assumes full
7-11 responsibility for the installation of the alarm or detection
7-12 device; and
7-13 (B) the person or organization does not service
7-14 or maintain burglar alarms or detection devices;
7-15 (16) a reserve peace officer while the reserve officer
7-16 is performing guard, patrolman, or watchman duties for a county and
7-17 is being compensated solely by that county;
7-18 (17) response to a burglar alarm or detection device
7-19 by a law enforcement agency or by a law enforcement officer acting
7-20 in an official capacity;
7-21 (18) [a person who, by education, experience, or
7-22 background has specialized expertise or knowledge such as that
7-23 which would qualify or tend to qualify such person as an expert
7-24 witness, authorized to render opinions in proceedings conducted in
7-25 a court, administrative agency, or governing body of this state or
7-26 of the United States, in accordance with applicable rules and
7-27 regulations and who does not perform any other service for which a
8-1 license is required by provisions of this Act;]
8-2 [(19)] an officer, employee, or agent of a common
8-3 carrier, as defined by Section 153 [153(10)], Communications Act of
8-4 1934 (47 U.S.C. Section 153 [U.S.C.A. Sec. 151 et seq.]), and its
8-5 subsequent amendments, while protecting the carrier or a user of
8-6 the carrier's long-distance services from a fraudulent, unlawful,
8-7 or abusive use of those long-distance services;
8-8 (19) [(20)] a person who sells or installs automobile
8-9 burglar alarm devices and that does not perform any other act that
8-10 requires a license under this Act;
8-11 (20) [(21)] a manufacturer, or a manufacturer's
8-12 authorized distributor, who sells to the holder of a license under
8-13 this Act equipment used in the operations for which the holder is
8-14 required to be licensed;
8-15 (21) [(22)] a person employed as a noncommissioned
8-16 security officer by a political subdivision of this state;
8-17 (22) [(23)] a person whose activities are regulated
8-18 under Article 5.43-2, Insurance Code, except to the extent that
8-19 those activities are specifically regulated under this Act;
8-20 (23) [(24)] a landman performing activities in the
8-21 course and scope of the landman's business;
8-22 (24) [(25)] a hospital or a wholly owned subsidiary or
8-23 affiliate of a hospital that provides medical alert services for
8-24 persons who are sick or disabled, if the hospital, subsidiary, or
8-25 affiliate is licensed under Chapter 241, Health and Safety Code,
8-26 and the hospital does not perform any other service that requires a
8-27 license under this Act;
9-1 (25) [(26)] a charitable, nonprofit organization that
9-2 provides medical alert services for persons who are sick or
9-3 disabled, if the organization:
9-4 (A) is exempt from federal taxation under
9-5 Section 501(a) of the Internal Revenue Code of 1986, and its
9-6 subsequent amendments, by being listed as an exempt entity under
9-7 Section 501(c)(3) of that code[, Internal Revenue Code of 1986];
9-8 (B) has its monitoring services provided by a
9-9 licensed person, licensed nurse, licensed physician assistant, or
9-10 hospital or a wholly owned subsidiary or affiliate of a hospital
9-11 licensed under Chapter 241, Health and Safety Code; and
9-12 (C) does not perform any other service that
9-13 requires a license under this Act;
9-14 (26) [(27)] a person engaged in the business of
9-15 electronic monitoring of a person as a condition of that person's
9-16 probation, parole, mandatory supervision, or release on bail, if
9-17 the person does not perform any other service that requires a
9-18 license under this Act;
9-19 (27) [(28)] a nonprofit business or civic organization
9-20 that:
9-21 (A) employs one or more peace officers meeting
9-22 the qualifications of Subdivision (3) of this subsection as
9-23 patrolmen, guards, or watchmen;
9-24 (B) provides the services of these peace
9-25 officers only to:
9-26 (i) its members; or
9-27 (ii) if the organization does not have
10-1 members, the members of the communities served by the organization
10-2 as described in its articles of incorporation or other
10-3 organizational documents;
10-4 (C) devotes the net receipts from all charges
10-5 for the services exclusively to the cost of providing the services
10-6 or to the costs of other services for the enhancement of the
10-7 security or safety of:
10-8 (i) its members; or
10-9 (ii) if the organization does not have
10-10 members, the members of the communities served by the organization
10-11 as described in its articles of incorporation or other
10-12 organizational documents; and
10-13 (D) does not perform any other service that
10-14 requires a license under this Act;
10-15 (28) [(29)] a charitable, nonprofit organization that
10-16 maintains a system of records to aid in the location of missing
10-17 children if the organization:
10-18 (A) is exempt from federal taxation under
10-19 Section 501(a) of the Internal Revenue Code of 1986, and its
10-20 subsequent amendments, by being listed as an exempt entity under
10-21 Section 501(c)(3) of that code[, Internal Revenue Code of 1986, and
10-22 its subsequent amendments];
10-23 (B) exclusively provides services related to
10-24 locating missing children; and
10-25 (C) does not perform any other service that
10-26 requires a license under this Act;
10-27 (29) [(30)] a person engaged in the business of
11-1 psychological testing or other testing and interviewing services
11-2 (to include but not limited to attitudes, honesty, intelligence,
11-3 personality, and skills) for preemployment purposes, if the person
11-4 does not perform any other service that requires a license under
11-5 this Act;
11-6 (30) [(31)] a person who does not perform any other
11-7 act that requires a license under this Act, and who is engaged in
11-8 obtaining information classified as a public record under Chapter
11-9 552, Government Code, regardless of whether for compensation,
11-10 unless the person is a full-time employee, as defined by Section
11-11 61.001, Labor Code, of a person licensed under this Act; [or]
11-12 (31) [(32)] a person who obtains a document for use in
11-13 litigation under an authorization or subpoena issued for a written
11-14 or oral deposition;
11-15 (32) a person who is employed full-time by and is
11-16 commissioned as a campus security personnel employee by a private
11-17 institution of higher education under Section 51.212, Education
11-18 Code; or
11-19 (33) a peace officer commissioned by an incorporated
11-20 municipality who is hired under Section 51.212, Education Code, on
11-21 a regular basis by a private institution of higher education while
11-22 that peace officer is operating within the scope of the peace
11-23 officer's employment with the institution of higher education.
11-24 (f) Notwithstanding Subsection (a)(1) of this section, this
11-25 Act applies to an individual who:
11-26 (1) works at a location that is open to the public;
11-27 and
12-1 (2) in the course of employment:
12-2 (A) regularly comes into contact with the
12-3 public; and
12-4 (B) wears a uniform with any type of badge
12-5 commonly associated with security personnel or law enforcement or a
12-6 patch or apparel with "security" or the name of the employer on the
12-7 patch or apparel.
12-8 SECTION 4. Section 4(d), Private Investigators and Private
12-9 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-10 Statutes), is amended to read as follows:
12-11 (d) The Texas Commission on Private Security [Texas Board of
12-12 Private Investigators and Private Security Agencies] is subject to
12-13 Chapter 325, Government Code (Texas Sunset Act). Unless continued
12-14 in existence as provided by that chapter, the commission [board] is
12-15 abolished and this Act expires September 1, 2009 [1999].
12-16 SECTION 5. Subchapter B, Private Investigators and Private
12-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-18 Statutes), is amended by adding Section 4A and by amending Section
12-19 5 to read as follows:
12-20 Sec. 4A. NAME CHANGE. The name of the Texas Board of
12-21 Private Investigators and Private Security Agencies is changed to
12-22 the Texas Commission on Private Security. A reference in this Act
12-23 or other law to the Texas Board of Private Investigators and
12-24 Private Security Agencies means the Texas Commission on Private
12-25 Security.
12-26 Sec. 5. COMMISSION [BOARD] MEMBERSHIP. (a) The Texas
12-27 Commission on Private Security is composed of an ex officio member
13-1 as provided by Section 5A of this Act and nine members appointed by
13-2 the governor with the advice and consent of the senate as follows:
13-3 (1) five public members, each of whom is a citizen of
13-4 the United States;
13-5 (2) one member who:
13-6 (A) is licensed under this Act as a private
13-7 investigator;
13-8 (B) has been engaged as a private investigator
13-9 for at least the five years preceding appointment; and
13-10 (C) is not employed by a person who employs
13-11 another member of the board;
13-12 (3) one member who is licensed under this Act as an
13-13 alarm systems company and who:
13-14 (A) has been engaged as an alarm systems company
13-15 for at least the five years preceding appointment; and
13-16 (B) is not employed by a person who employs
13-17 another member of the board;
13-18 (4) one member who:
13-19 (A) is licensed under this Act as the owner or
13-20 operator of a guard company;
13-21 (B) has been the owner or operator of the guard
13-22 company for at least the five years preceding appointment; and
13-23 (C) is not employed by a person who employs
13-24 another member of the board; and
13-25 (5) one member who:
13-26 (A) holds a license, security officer
13-27 commission, or registration under this Act;
14-1 (B) has been engaged in activity regulated by
14-2 the board under this Act for at least the five years preceding
14-3 appointment; and
14-4 (C) is not employed by a person who employs
14-5 another member of the board. [The board is composed of the
14-6 following members:]
14-7 [(1) the director of the Texas Department of Public
14-8 Safety or his designated representative shall serve as an ex
14-9 officio member of such board, and such service shall not jeopardize
14-10 the individual's official capacity with the State of Texas;]
14-11 [(2) the Attorney General or his designated
14-12 representative shall serve as an ex officio member of such board,
14-13 and such service shall not jeopardize the individual's official
14-14 capacity with the State of Texas;]
14-15 [(3) three members shall be appointed by the Governor,
14-16 without regard to the race, creed, color, handicap, age, sex,
14-17 religion, or national origin of the appointees and with the advice
14-18 and consent of the Senate, who are citizens of the United States
14-19 and residents of the State of Texas;]
14-20 [(4) two members shall be appointed by the Governor,
14-21 without regard to the race, creed, color, handicap, age, sex,
14-22 religion, or national origin of the appointees and with the advice
14-23 and consent of the Senate, who are licensed under this Act, who
14-24 have been engaged for a period of five consecutive years as a
14-25 private investigator or security services contractor, and who are
14-26 not employed by the same person as any other member of the board;
14-27 and]
15-1 [(5) one member shall be appointed by the Governor
15-2 without regard to the race, creed, color, handicap, age, sex,
15-3 religion, or national origin of the appointee and with the advice
15-4 and consent of the Senate, who:]
15-5 [(A) is licensed under this Act as the owner or
15-6 operator of a guard company;]
15-7 [(B) has operated for at least five consecutive
15-8 years as a guard company; and]
15-9 [(C) is not employed by a person who employs any
15-10 other member of the board.]
15-11 (b) Appointments to the board shall be made without regard
15-12 to the race, color, disability, sex, religion, age, or national
15-13 origin of the appointees.
15-14 (c) The board's public members must be representatives of
15-15 the general public. A person may not be [is not eligible for
15-16 appointment as] a public member of the board if the person or the
15-17 person's spouse:
15-18 (1) is registered, commissioned, certified, or
15-19 licensed by a [an occupational] regulatory agency in the field of
15-20 private investigations or private security;
15-21 (2) is employed by or participates in the management
15-22 of a business entity or other organization regulated by or
15-23 receiving money from the board [related to the field of private
15-24 security]; [or]
15-25 (3) owns or controls, directly or indirectly, more
15-26 than a 10 percent [has, other than as a consumer, a financial]
15-27 interest in a business entity or other organization regulated by or
16-1 receiving money from the board; or
16-2 (4) uses or receives a substantial amount of tangible
16-3 goods, services, or money from the board other than compensation or
16-4 reimbursement authorized by law for board membership, attendance,
16-5 or expenses [related to the field of private security].
16-6 [(c) A member or employee of the board may not be an
16-7 officer, employee, or paid consultant of a trade association in the
16-8 private security industry.]
16-9 (d) [A person who is the spouse of an officer, employee, or
16-10 paid consultant of a trade association in or on behalf of a
16-11 profession related to the operation of the board may not be a
16-12 member of the board and may not be an employee, including an
16-13 employee exempt from the state's classification plan, who is
16-14 compensated at or above the amount prescribed by the General
16-15 Appropriations Act for step 1, salary group 17, of the position
16-16 classification salary schedule. A person who is required to
16-17 register as a lobbyist under Chapter 305, Government Code, by
16-18 virtue of the person's activities for compensation in or on behalf
16-19 of a profession related to the operation of the board, may not
16-20 serve as a member of the board or act as the general counsel to the
16-21 board.]
16-22 [(e)] It is a ground for removal from the board that [if] a
16-23 member:
16-24 (1) does not have at the time of taking office
16-25 [appointment] the qualifications required by Subsection (a) [or
16-26 (b)] of this section [for appointment to the board];
16-27 (2) does not maintain during the service on the board
17-1 the qualifications required by Subsection (a) [or (b)] of this
17-2 section [for appointment to the board];
17-3 (3) is ineligible for membership under [violates a
17-4 prohibition established by] Subsection (c) [or (d)] of this section
17-5 or Section 5B of this Act;
17-6 (4) is absent from more than half [does not attend at
17-7 least one-half] of the regularly scheduled board meetings that the
17-8 member is eligible to attend during [held by the board in] a
17-9 calendar year without an excuse approved by a majority vote[,
17-10 excluding meetings held when the person was not a member] of the
17-11 board; or
17-12 (5) cannot, because of illness or disability, [is
17-13 unable to] discharge the member's duties for a substantial part of
17-14 the member's term [for which the member was appointed because of
17-15 illness or disability].
17-16 (e) [(f)] The validity of an action of the board is not
17-17 affected by the fact that it is [was] taken when a ground for
17-18 removal of a board member exists [of the board existed].
17-19 (f) [(g)] If the director has knowledge that a potential
17-20 ground for removal exists, the director shall notify the presiding
17-21 officer [chairman] of the board of the potential ground. The
17-22 presiding officer [chairman of the board] shall then notify the
17-23 governor and the attorney general [Governor] that a potential
17-24 ground for removal exists. If the potential ground for removal
17-25 involves the presiding officer, the director shall notify the next
17-26 highest ranking officer of the board, who shall then notify the
17-27 governor and the attorney general that a potential ground for
18-1 removal exists.
18-2 [(h) For the purposes of this section, "trade association"
18-3 means a nonprofit, cooperative, voluntarily joined association of
18-4 business or professional competitors that is designed to assist its
18-5 members and its industry or profession in dealing with mutual or
18-6 professional problems and in promoting their common interests.]
18-7 SECTION 6. Subchapter B, Private Investigators and Private
18-8 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
18-9 Statutes), is amended by adding Sections 5A, 5B, and 5C to read as
18-10 follows:
18-11 Sec. 5A. EX OFFICIO BOARD MEMBER. (a) The director of the
18-12 Texas Department of Public Safety serves as an ex officio member of
18-13 the board during the director's term of office and has the same
18-14 powers and duties as other board members.
18-15 (b) The director of the Texas Department of Public Safety
18-16 may delegate to a personal representative from the department the
18-17 duty to represent the director on the board.
18-18 Sec. 5B. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this
18-19 section, "Texas trade association" means a cooperative and
18-20 voluntarily joined association of business or professional
18-21 competitors in this state designed to assist its members and its
18-22 industry or profession in dealing with mutual business or
18-23 professional problems and in promoting their common interest.
18-24 (b) A person may not be a board member and may not be an
18-25 agency employee employed in a "bona fide executive, administrative,
18-26 or professional capacity," as that phrase is used for purposes of
18-27 establishing an exemption to the overtime provisions of the federal
19-1 Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
19-2 and its subsequent amendments, if:
19-3 (1) the person is an officer, employee, or paid
19-4 consultant of a Texas trade association in the field of private
19-5 investigation or private security; or
19-6 (2) the person's spouse is an officer, manager, or
19-7 paid consultant of a Texas trade association in the field of
19-8 private investigation or private security.
19-9 (c) A person may not be a board member or act as the general
19-10 counsel to the board or the agency if the person is required to
19-11 register as a lobbyist under Chapter 305, Government Code, because
19-12 of the person's activities for compensation on behalf of a
19-13 profession related to the operation of the agency.
19-14 Sec. 5C. TRAINING REQUIREMENTS. (a) A person who is
19-15 appointed to and qualifies for office as a board member may not
19-16 vote, deliberate, or be counted as a member in attendance at a
19-17 board meeting until the person completes a training program that
19-18 complies with this section.
19-19 (b) The training program must provide the person with
19-20 information regarding:
19-21 (1) this Act;
19-22 (2) the programs operated by the board;
19-23 (3) the role and functions of the board;
19-24 (4) the rules of the board, with an emphasis on the
19-25 rules that relate to disciplinary and investigatory authority;
19-26 (5) the current budget for the board;
19-27 (6) the results of the most recent formal audit of the
20-1 board;
20-2 (7) the requirements of:
20-3 (A) the open meetings law, Chapter 551,
20-4 Government Code;
20-5 (B) the public information law, Chapter 552,
20-6 Government Code;
20-7 (C) the administrative procedure law, Chapter
20-8 2001, Government Code; and
20-9 (D) other laws relating to public officials,
20-10 including conflict-of-interest laws; and
20-11 (8) any applicable ethics policies adopted by the
20-12 board or the Texas Ethics Commission.
20-13 (c) A person appointed to the board is entitled to
20-14 reimbursement, as provided by the General Appropriations Act, for
20-15 the travel expenses incurred in attending the training program
20-16 regardless of whether the attendance at the program occurs before
20-17 or after the person qualifies for office.
20-18 SECTION 7. Section 7, Private Investigators and Private
20-19 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
20-20 Statutes), is amended to read as follows:
20-21 Sec. 7. TERMS OF OFFICE. [(a)] The appointed members of the
20-22 board serve staggered six-year terms, and the terms of three [two]
20-23 appointed members expire on January 31 of each odd-numbered year.
20-24 Each appointed member shall hold office until the member's [his]
20-25 successor is appointed and has qualified.
20-26 [(b) The director of the Department of Public Safety and the
20-27 attorney general, or their representatives, serve on the board
21-1 during their terms of office and shall perform the duties required
21-2 of members of the board by this Act in addition to those duties
21-3 required of them in other official capacities.]
21-4 SECTION 8. Section 10, Private Investigators and Private
21-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
21-6 Statutes), is amended by amending Subsections (d) and (e) and
21-7 adding Subsection (f) to read as follows:
21-8 (d) The director or the director's designee shall provide to
21-9 board members and to agency employees, as often as necessary,
21-10 information regarding the requirements for office or employment
21-11 under this Act, including information regarding a person's [The
21-12 board shall inform its members and employees as often as is
21-13 necessary of:]
21-14 [(1) the qualifications for office or employment
21-15 prescribed by this Act; and]
21-16 [(2) their] responsibilities under applicable laws
21-17 relating to standards of conduct for state officers or employees.
21-18 (e) The board shall develop and implement policies that
21-19 clearly separate the policymaking responsibilities of the board and
21-20 the management responsibilities of the director and [adopt policies
21-21 that clearly define the respective responsibilities of the
21-22 governing body of the board and the] staff of the board.
21-23 (f) The board may commission investigators employed
21-24 full-time by the board as peace officers for the limited purpose of
21-25 assisting the board in investigating alleged violations of this Act
21-26 and of board rules.
21-27 SECTION 9. Section 10A, Private Investigators and Private
22-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
22-2 Statutes), is amended to read as follows:
22-3 Sec. 10A. EQUAL EMPLOYMENT OPPORTUNITY; REPORT. (a) The
22-4 director or the director's designee shall prepare and maintain a
22-5 written policy statement that implements [to assure implementation
22-6 of] a program of equal employment opportunity to ensure that [by
22-7 which] all personnel decisions [transactions] are made without
22-8 regard to race, creed, color, disability [handicap], age, sex,
22-9 religion, or national origin.
22-10 (b) The policy statement must [shall] include:
22-11 (1) personnel policies, including policies relating to
22-12 recruitment, evaluation, selection, [appointment,] training, and
22-13 promotion of personnel, that show the intent of the board to avoid
22-14 the unlawful employment practices described by Chapter 21, Labor
22-15 Code; and
22-16 (2) an [a comprehensive] analysis of the extent to
22-17 which the composition of the board's personnel is in accordance
22-18 with [work force that meets] federal and state law and a
22-19 description of reasonable methods to achieve compliance with
22-20 federal and state law [guidelines;]
22-21 [(3) procedures by which a determination can be made
22-22 of significant underutilization, in the board's work force, of all
22-23 persons of whom federal or state guidelines encourage a more
22-24 equitable balance; and]
22-25 [(4) reasonable methods to appropriately address areas
22-26 of significant underutilization, in the board's work force, of all
22-27 persons of whom federal or state guidelines encourage a more
23-1 equitable balance].
23-2 (c) [(b)] The policy statement [statements] must:
23-3 (1) be filed with the governor's office;
23-4 (2) be reviewed by the state Commission on Human
23-5 Rights for compliance with Subsection (b)(1) of this section;[,
23-6 cover an annual period,] and
23-7 (3) be updated at least annually. [The governor's
23-8 office shall develop a biennial report to the legislature based on
23-9 the information submitted. The report may be made separately or as
23-10 a part of other biennial reports made to the legislature.]
23-11 SECTION 10. Subchapter B, Private Investigators and Private
23-12 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
23-13 Statutes), is amended by adding Section 10B to read as follows:
23-14 Sec. 10B. RULES AND POLICIES. (a) The board shall adopt
23-15 rules and general policies to guide the agency in the
23-16 administration of this Act.
23-17 (b) The rules and policies adopted by the board must be
23-18 consistent with this Act and other board rules adopted under this
23-19 Act and with any other applicable law, state rule, or federal
23-20 regulation.
23-21 SECTION 11. Sections 11(d) and (e), Private Investigators
23-22 and Private Security Agencies Act (Article 4413(29bb), Vernon's
23-23 Texas Civil Statutes), are amended to read as follows:
23-24 (d) The board shall recognize, prepare, or administer
23-25 continuing education programs for licensees, commissioned security
23-26 officers, and registrants [private investigators] regulated by the
23-27 board under this Act. The board shall set the minimum number of
24-1 hours that must be completed and the types of programs that may be
24-2 offered for licensees, commissioned security officers, and
24-3 registrants [private investigators] regulated by the board. A
24-4 licensee, commissioned security officer, or registrant must
24-5 participate in the programs to the extent required by the board to
24-6 keep the person's license, commission, or registration. A
24-7 licensee, commissioned security officer, or registrant [private
24-8 investigator] regulated by the board shall submit evidence of
24-9 compliance with the board's continuing education requirements in a
24-10 manner prescribed by the board. The continuing education
24-11 requirements of this subsection do not apply to a noncommissioned
24-12 security officer.
24-13 (e) The board shall develop and implement [adopt] policies
24-14 that provide the public with a reasonable opportunity to appear
24-15 before the board and to speak on any issue under the jurisdiction
24-16 of the board.
24-17 SECTION 12. Section 11B, Private Investigators and Private
24-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
24-19 Statutes), is amended to read as follows:
24-20 Sec. 11B. REVOCATION, SUSPENSION, AND SUMMARY SUSPENSION.
24-21 (a) Except as provided by Section 11E of this Act, the [The] board
24-22 shall revoke, [or] suspend, or refuse to renew a [any]
24-23 registration, license, or security officer commission, or shall
24-24 reprimand a [any] registrant, licensee, or commissioned security
24-25 officer[, or deny an application for a registration, license, or
24-26 security officer commission, or renewal thereof,] or may place on
24-27 probation a person whose registration, license, or security officer
25-1 commission has been suspended, on proof:
25-2 (1) that the applicant, licensee, commissioned
25-3 security officer, or registrant has:
25-4 (A) violated [any provisions of] this Act or a
25-5 rule of the board adopted [of the rules and regulations
25-6 promulgated] under this Act;
25-7 (B) been convicted of a Class B misdemeanor or
25-8 equivalent offense if the fifth anniversary of the date of the
25-9 conviction has occurred;
25-10 (C) engaged in [(2) that the applicant,
25-11 licensee, commissioned security officer, or registrant has
25-12 committed any act resulting in conviction of a felony;]
25-13 [(3) that the applicant, licensee, commissioned
25-14 security officer, or registrant has committed an act after the date
25-15 of application for a registration, license, or security officer
25-16 commission that results in a conviction of a misdemeanor involving
25-17 moral turpitude;]
25-18 [(4) that the applicant, licensee, commissioned
25-19 security officer, or registrant has practiced] fraud, deceit, or
25-20 misrepresentation; or
25-21 (D) [(5) that the applicant, licensee,
25-22 commissioned security officer, or registrant has] made a material
25-23 misstatement in the application for or renewal of a license,
25-24 registration, or security officer commission; or
25-25 (2) [(6)] that the licensee of the commissioned
25-26 security officer or registrant has submitted to the board
25-27 sufficient evidence that a commissioned security officer or
26-1 registrant:
26-2 (A) [,] while in the employ of the licensee,
26-3 practiced fraud or deceit;[,] or
26-4 (B) committed theft while performing work as a
26-5 commissioned security officer or registrant.
26-6 (b) Subject to Section 11D of this Act, the board may
26-7 summarily suspend a license, registration, or security officer
26-8 commission issued [to an individual] under this Act on receiving
26-9 written notification from the Department of Public Safety of the
26-10 State of Texas or any other law enforcement agency that the
26-11 individual has been arrested for or charged with a Class B
26-12 misdemeanor or equivalent offense [involving moral turpitude] or a
26-13 greater offense [felony].
26-14 (c) Subject to Section 11D of this Act, the board may
26-15 summarily deny an application for a license, registration, or [for
26-16 a] security officer commission of an individual on receiving
26-17 written notification from the Department of Public Safety of the
26-18 State of Texas or any other law enforcement agency that the
26-19 individual has been arrested for or charged with a Class B
26-20 misdemeanor or equivalent offense [involving moral turpitude] or a
26-21 greater offense [felony].
26-22 (d) [In this section, a person is considered to be convicted
26-23 of a misdemeanor involving moral turpitude or a felony if a court
26-24 of competent jurisdiction enters a judgment against the person for
26-25 committing a misdemeanor involving moral turpitude or a felony
26-26 under the laws of this state, another state, or the United States,
26-27 including:]
27-1 [(1) a conviction in which a person was placed on
27-2 probation or community supervision and the person is subsequently
27-3 discharged from probation or community supervision; or]
27-4 [(2) a conviction that is pardoned, unless the pardon
27-5 is granted expressly because of the proof of a person's innocence.]
27-6 [(e)] The dismissal of a complaint, information, or
27-7 indictment or an acquittal releases the individual from any summary
27-8 suspension of a registration or commission or automatic grounds for
27-9 summary denial of an application under this section.
27-10 (e) Except as provided by Section 11F of this Act and except
27-11 for a summary denial of an application or a summary suspension, a
27-12 person regulated under this Act against whom the board has taken
27-13 action is entitled to a hearing before the State Office of
27-14 Administrative Hearings. A proceeding under this subsection is a
27-15 contested case that is [(f) Proceedings for the refusal,
27-16 suspension, or revocation of a registration, license, or security
27-17 officer commission or for the probation of a person are] governed
27-18 by Chapter 2001, Government Code [(Administrative Procedure Act)].
27-19 Proceedings for the summary suspension of a license, registration,
27-20 or security officer commission or summary denial of an application
27-21 under this Act are governed by Section 11D of this Act.
27-22 (f) The board may place on probation a person whose license
27-23 is suspended. If a license suspension is probated, the board may
27-24 require the person:
27-25 (1) to report regularly to the board on matters that
27-26 are the basis of the probation;
27-27 (2) to limit practice to the areas prescribed by the
28-1 board; or
28-2 (3) to continue or review professional education until
28-3 the person attains a degree of skill satisfactory to the board in
28-4 those areas that are the basis of the probation. [(g) If the
28-5 board is authorized to suspend a license under this Act, the board
28-6 may give the licensee the opportunity to pay a civil penalty rather
28-7 than have the license suspended. The amount of the civil penalty
28-8 may not be more than $200 for each day the license was to have been
28-9 suspended. If the licensee does not pay the penalty before the
28-10 sixth day after the board notifies him of the amount, he loses the
28-11 opportunity to pay it and the board shall impose the suspension.]
28-12 SECTION 13. 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 Sections 11E and 11F to read as
28-15 follows:
28-16 Sec. 11E. REVOCATION OR REFUSAL FOR CERTAIN OFFENSES.
28-17 Except for an application approved by the board under Section 11F
28-18 of this Act, the board shall revoke or refuse to renew a
28-19 registration, license, or security officer commission if the
28-20 applicant, licensee, registrant, or commissioned security officer
28-21 has been convicted of a:
28-22 (1) Class A misdemeanor or equivalent offense or a
28-23 greater offense; or
28-24 (2) Class B misdemeanor or equivalent offense if the
28-25 fifth anniversary of the date of conviction has not occurred.
28-26 Sec. 11F. APPEAL TO BOARD. (a) An applicant may appeal to
28-27 the board the denial of a license, registration, or security
29-1 officer commission application if:
29-2 (1) the sole basis of the denial is a conviction for a
29-3 Class A misdemeanor or equivalent or a greater offense;
29-4 (2) the 20th anniversary of the conviction has
29-5 occurred; and
29-6 (3) the applicant waives the applicant's right to a
29-7 hearing before the State Office of Administrative Hearings.
29-8 (b) A proceeding under this section is governed by Chapter
29-9 2001, Government Code. A hearing must be held at a regular meeting
29-10 of the board.
29-11 (c) Notwithstanding any other provision of this Act, the
29-12 board may approve the application.
29-13 SECTION 14. Subchapter B, Private Investigators and Private
29-14 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
29-15 Statutes), is amended by adding Section 11G to read as follows:
29-16 Sec. 11G. CONVICTION OF CERTAIN CRIMES. In this subchapter,
29-17 a person is considered to be convicted of an offense that is a
29-18 Class B misdemeanor or greater offense, or an equivalent offense,
29-19 if a court enters a judgment against the person for committing a
29-20 Class B misdemeanor or greater offense, or an equivalent offense,
29-21 under the laws of this state, another state, or the United States,
29-22 including a conviction:
29-23 (1) in which a person is placed on, and subsequently
29-24 discharged from, community supervision; and
29-25 (2) for which a person is pardoned, unless a full
29-26 pardon has been granted.
29-27 SECTION 15. Section 12(b), Private Investigators and Private
30-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
30-2 Statutes), is amended to read as follows:
30-3 (b) The governor shall designate one member of the board as
30-4 presiding officer to serve in that capacity at the will of the
30-5 governor [chairman]. The governor shall designate the presiding
30-6 officer [chairman] without regard to the race, creed, color,
30-7 disability [handicap], age, sex, religion, or national origin of
30-8 the designee. The board, including the representative of the
30-9 director of the Texas Department of Public Safety if [he so
30-10 designates] one is designated, shall elect from among its members
30-11 an assistant presiding officer [a vice-chairman] and a secretary to
30-12 serve two-year terms commencing on September 1 of each odd-numbered
30-13 year. The presiding officer [chairman,] or, in the [his] absence
30-14 of the presiding officer, the assistant presiding officer
30-15 [vice-chairman,] shall preside at all meetings of the board and
30-16 perform the other duties prescribed by [in] this Act.
30-17 SECTION 16. Subchapter B, Private Investigators and Private
30-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
30-19 Statutes), is amended by adding Section 12B to read as follows:
30-20 Sec. 12B. PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY
30-21 ACTIONS. (a) The board shall make available to the public through
30-22 a toll-free telephone number, Internet website, or other easily
30-23 accessible medium determined by the board the following information
30-24 relating to a disciplinary action taken during the preceding three
30-25 years regarding a person regulated by the board:
30-26 (1) the identity of the person;
30-27 (2) the nature of the complaint that was the basis of
31-1 the disciplinary action taken against the person; and
31-2 (3) the disciplinary action taken by the board.
31-3 (b) In providing the information, the board shall present
31-4 the information in an impartial manner, use language that is
31-5 commonly understood, and, if possible, avoid jargon specific to the
31-6 security industry.
31-7 (c) The board shall update the information on a monthly
31-8 basis.
31-9 (d) The board shall maintain the confidentiality of
31-10 information regarding the identification of a complainant.
31-11 SECTION 17. Section 13, Private Investigators and
31-12 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
31-13 Civil Statutes), is amended by adding Subsections (d), (e), and (f)
31-14 to read as follows:
31-15 (d) A political subdivision may not offer alarm system
31-16 sales, service, installation, or monitoring except as follows:
31-17 (1) service, installation, or monitoring is provided
31-18 for property owned by the political subdivision or another
31-19 political subdivision;
31-20 (2) monitoring is conducted for an ongoing criminal
31-21 investigation;
31-22 (3) a financial institution, as defined by Section
31-23 59.301, Finance Code, that is a member of the Federal Deposit
31-24 Insurance Corporation requests, in writing, that the political
31-25 subdivision provide monitoring service to the financial
31-26 institution; or
31-27 (4) the political subdivision has, since September 1,
32-1 1999, monitored residential alarm sites and any fee charged by the
32-2 political subdivision does not exceed the cost of the monitoring.
32-3 (e) A political subdivision may not advertise or solicit
32-4 monitoring services.
32-5 (f) Subsections (d) and (e) of this section do not apply to
32-6 a municipality with a population of less than 50,000.
32-7 SECTION 18. Section 14, Private Investigators and Private
32-8 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
32-9 Statutes), is amended by amending Subsection (a) and adding
32-10 Subsection (a-1) to read as follows:
32-11 (a) An applicant for a license or the applicant's [his]
32-12 manager must[:]
32-13 [(1)] be at least 18 years of age and must not:
32-14 (1) [; (2) not have been convicted in any jurisdiction
32-15 of any felony unless a full pardon has been granted;]
32-16 [(3) not] have been convicted in any jurisdiction of a
32-17 Class A misdemeanor or equivalent offense or a greater offense
32-18 [involving moral turpitude during the seven-year period preceding
32-19 the date of application] unless a full pardon has been granted for
32-20 reasons relating to a wrongful [the] conviction;
32-21 (2) have been convicted in any jurisdiction of a Class
32-22 B misdemeanor or equivalent offense for which the fifth anniversary
32-23 of the date of conviction has not occurred before the date of
32-24 application unless a full pardon has been granted for reasons
32-25 relating to a wrongful conviction;
32-26 (3) [(4) not] have been declared by any court of
32-27 competent jurisdiction incompetent by reason of mental defect or
33-1 disease and has not been restored;
33-2 (4) [(5) not] be suffering from habitual drunkenness
33-3 or from narcotics addiction or dependence; or [and]
33-4 (5) [(6) not] have been discharged from the armed
33-5 services of the United States under other than honorable
33-6 conditions.
33-7 (a-1) The board may deny an application for a license if the
33-8 applicant has been convicted in any jurisdiction of a Class B
33-9 misdemeanor or equivalent offense if the fifth anniversary of the
33-10 date of conviction has occurred before the date of application
33-11 unless a full pardon has been granted for reasons relating to a
33-12 wrongful conviction.
33-13 SECTION 19. Section 15, Private Investigators and Private
33-14 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
33-15 Statutes), is amended by amending Subsections (a) and (c) and
33-16 adding Subsection (g) to read as follows:
33-17 (a) An application for a license under this Act shall be in
33-18 the form prescribed by the board. The application shall include:
33-19 (1) the full name and business address of the
33-20 applicant;
33-21 (2) the name under which the applicant intends to do
33-22 business;
33-23 (3) a statement as to the general nature of the
33-24 business in which the applicant intends to engage;
33-25 (4) a statement as to the classification under which
33-26 the applicant desires to be qualified;
33-27 (5) the full name and residence address of each of the
34-1 applicant's [its] partners, officers, and directors, and of the
34-2 applicant's [its] manager, if the applicant is an entity other than
34-3 an individual;
34-4 (6) two [one] classifiable sets [set] of fingerprints
34-5 of the applicant, if the applicant is an individual, or of each
34-6 officer and of each partner or shareholder who owns a 25 percent or
34-7 greater interest in the applicant, if the applicant is an entity;
34-8 (7) a verified statement of the applicant's [his]
34-9 experience qualifications in the particular field of classification
34-10 in which the applicant [he] is applying;
34-11 (8) [a letter from the police department and a letter
34-12 from the sheriff's department of the city and county wherein the
34-13 applicant resides concerning the character of the applicant and
34-14 containing any objection or recommendation as to his application;
34-15 and] a report [letter] from the Texas Department of Public Safety
34-16 stating the applicant's [setting forth the] record of any
34-17 convictions for a Class B misdemeanor or equivalent offense or a
34-18 greater offense [of any applicant for a felony or a crime involving
34-19 moral turpitude]; and
34-20 (9) any other information, evidence, statements, or
34-21 documents [as may be] required by the board.
34-22 (c) The board shall [may] require an applicant or the
34-23 applicant's [his] manager to demonstrate qualifications in the
34-24 person's license [his] field of classification, including knowledge
34-25 of applicable state laws and board rules, by taking an examination
34-26 to be determined by the board.
34-27 (g) The board shall develop, and provide to a person who
35-1 applies to take the examination under Subsection (c) of this
35-2 section, material containing all applicable state laws and board
35-3 rules.
35-4 SECTION 20. Subchapter C, Private Investigators and Private
35-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
35-6 Statutes), is amended by adding Sections 15A, 15B, 15C, and 15D to
35-7 read as follows:
35-8 Sec. 15A. EXAMINATION RESULTS. (a) Not later than the 30th
35-9 day after the date a person takes a licensing examination under
35-10 this Act, the board shall notify the person of the results of the
35-11 examination.
35-12 (b) If the examination is graded or reviewed by a testing
35-13 service:
35-14 (1) the board shall notify the person of the results
35-15 of the examination not later than the 14th day after the date the
35-16 board receives the results from the testing service; and
35-17 (2) if notice of the examination results will be
35-18 delayed for longer than 90 days after the examination date, the
35-19 board shall notify the person of the reason for the delay before
35-20 the 90th day.
35-21 (c) The board may require a testing service to notify a
35-22 person of the results of the person's examination.
35-23 (d) If requested in writing by a person who fails a
35-24 licensing examination administered under this Act, the board shall
35-25 furnish the person with an analysis of the person's performance on
35-26 the examination.
35-27 Sec. 15B. RECIPROCAL LICENSE FOR CERTAIN FOREIGN APPLICANTS.
36-1 The board may waive any prerequisite to obtaining a license for an
36-2 applicant who holds a license issued by another jurisdiction with
36-3 which this state has a reciprocity agreement. The board may make
36-4 an agreement, subject to the approval of the governor, with another
36-5 state to allow for licensing by reciprocity.
36-6 Sec. 15C. PROVISIONAL LICENSE. (a) The board may issue a
36-7 provisional license to an applicant currently licensed in another
36-8 jurisdiction who seeks an equivalent license in this state and who:
36-9 (1) has been licensed in good standing as an
36-10 investigations company or security services contractor for at least
36-11 two years in another jurisdiction, including a foreign country,
36-12 that has licensing requirements substantially equivalent to the
36-13 requirements of this Act;
36-14 (2) has passed a national or other examination
36-15 recognized by the board relating to the practice of private
36-16 investigations or security services contracting; and
36-17 (3) is sponsored by a person licensed by the board
36-18 under this Act with whom the provisional license holder will
36-19 practice during the time the person holds a provisional license.
36-20 (b) A provisional license is valid until the date the board
36-21 approves or denies the provisional license holder's application for
36-22 a license. The board shall issue a license under this Act to the
36-23 provisional license holder if:
36-24 (1) the provisional license holder is eligible to be
36-25 licensed under Section 15B of this Act; or
36-26 (2) the provisional license holder:
36-27 (A) passes the part of the examination under
37-1 Section 15(c) of this Act that relates to the applicant's knowledge
37-2 and understanding of the laws and rules relating to the practice of
37-3 an investigations company or security services contractor in this
37-4 state;
37-5 (B) is verified by the board as meeting the
37-6 academic and experience requirements for a license under this Act;
37-7 and
37-8 (C) satisfies any other licensing requirements
37-9 under this Act.
37-10 (c) The board must approve or deny a provisional license
37-11 holder's application for a license not later than the 180th day
37-12 after the date the provisional license is issued. The board may
37-13 extend the 180-day period if the results of an examination have not
37-14 been received by the board before the end of that period.
37-15 (d) The board may establish a fee for provisional licenses
37-16 in an amount reasonable and necessary to cover the cost of issuing
37-17 the license.
37-18 Sec. 15D. PROVISIONAL REGISTRATION. (a) The board may
37-19 issue a provisional registration to an applicant currently
37-20 registered in another jurisdiction who seeks an equivalent
37-21 registration in this state and who:
37-22 (1) has been registered in good standing in the field
37-23 in which the registration is sought for at least two years in
37-24 another jurisdiction, including a foreign country, that has
37-25 registration requirements substantially equivalent to the
37-26 requirements of this Act;
37-27 (2) has passed a national or other examination
38-1 recognized by the board relating to practice in the field in which
38-2 the registration is sought; and
38-3 (3) is employed by a person licensed by the board
38-4 under this Act with whom the provisional registration holder will
38-5 practice during the time the person holds a provisional
38-6 registration.
38-7 (b) A provisional registration is valid until the date the
38-8 board approves or denies the provisional registration holder's
38-9 application for a registration. The board shall issue a
38-10 registration under this Act to the provisional registration holder
38-11 if the provisional registration holder is eligible to be registered
38-12 under this Act.
38-13 (c) The board must approve or deny a provisional
38-14 registration holder's application for a registration not later than
38-15 the 180th day after the date the provisional registration is
38-16 issued. The board may extend the 180-day period if the results of
38-17 an examination have not been received by the board before the end
38-18 of that period.
38-19 (d) The board may establish a fee for provisional
38-20 registration in an amount reasonable and necessary to cover the
38-21 cost of issuing the registration.
38-22 SECTION 21. Sections 17(a) and (d), Private Investigators
38-23 and Private Security Agencies Act (Article 4413(29bb), Vernon's
38-24 Texas Civil Statutes), are amended to read as follows:
38-25 (a) The [If the General Appropriations Act does not specify
38-26 the amount of the fee, the] board by rule shall establish
38-27 reasonable and necessary fees that produce funds sufficient for the
39-1 administration of this Act but that do not produce unnecessary fund
39-2 balances and do not exceed the following amounts:
39-3 Class A license $250 [$225]
39-4 (original and renewal)
39-5 Class B license 300 [225]
39-6 (original and renewal)
39-7 Class C license 440 [340]
39-8 (original and renewal)
39-9 Reinstate suspended license 150
39-10 Assignment of license 150
39-11 Change name of license 75
39-12 Delinquency fee _____
39-13 Branch office certificate and renewal 200 [150]
39-14 Registration fee for private investigators, managers,
39-15 branch office managers, and alarm systems installers 20
39-16 (original and renewal)
39-17 Registration fee for noncommissioned security officer 25 [35]
39-18 Renewal fee for noncommissioned security officer 25
39-19 Registration fee for security sales person 20
39-20 Registration fee for alarm systems monitor 20
39-21 Registration fee for dog trainer 20
39-22 Registration fee for owner, officer, partner, or
39-23 shareholder of a licensee 50 [20]
39-24 Registration fee for security consultants 55
39-25 Security officer commission fee 50 [35]
39-26 (original and renewal)
39-27 School instructor fee 100
40-1 (original and renewal)
40-2 School approval fee 250
40-3 (original and renewal)
40-4 Letter of authority fee for private businesses
40-5 and political subdivisions 300
40-6 Letter of authority renewal fee for private
40-7 businesses and political subdivisions 225
40-8 [(original and renewal)]
40-9 FBI fingerprint check 25
40-10 Duplicate pocket card 10
40-11 Employee information update fee 15
40-12 Burglar alarm sellers renewal fee 25
40-13 Personal protection authorization 50
40-14 (d) A Class A, Class B, or Class C license is valid for one
40-15 year from the date of issuance. Registration as a private
40-16 investigator, manager, branch office manager, alarm systems
40-17 installer, security consultant, security sales person, alarm
40-18 systems monitor, or dog trainer is valid for two years from the
40-19 date of registration[, except that an initial registration as an
40-20 alarm systems installer or security sales person is valid for one
40-21 year from the date of registration if the board requires
40-22 registrants to be trained or tested pursuant to Section 32(f) of
40-23 this Act]. Registration as an owner, officer, partner, or
40-24 shareholder of a licensee is valid for two years from the date of
40-25 registration. Registration as a noncommissioned security officer
40-26 is valid for two [four] years from the date of registration. A
40-27 letter of authority, or a school approval or school instructor
41-1 approval letter issued by the board, is valid for one year from the
41-2 date of issuance. Other licenses or registrations issued under
41-3 this Act are valid for the period specified by this Act or by board
41-4 rule.
41-5 SECTION 22. Subchapter C, Private Investigators and Private
41-6 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
41-7 Statutes), is amended by adding Section 17A to read as follows:
41-8 Sec. 17A. PAYMENT OF FEES AND FINES. The board may adopt
41-9 rules regarding the method of payment of a fee or a fine assessed
41-10 under this Act. The rules may authorize the use of electronic
41-11 funds transfer or a valid credit card issued by a financial
41-12 institution chartered by a state or the federal government or by a
41-13 nationally recognized credit organization approved by the board.
41-14 The rules may require the payment of a discount or a reasonable
41-15 service charge for a credit card payment in addition to the fee or
41-16 the fine.
41-17 SECTION 23. Section 18(b), Private Investigators and Private
41-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
41-19 Statutes), is amended to read as follows:
41-20 (b) No person shall act as a manager of a licensee until the
41-21 person [he] has complied with each of the following:
41-22 (1) demonstrated the person's [his] qualifications by
41-23 passing the [a] written examination required by Section 15(c) of
41-24 this Act; and
41-25 (2) made a satisfactory showing to the board that the
41-26 person [he] has the qualifications prescribed by Section 14 of this
41-27 Act, and that none of the facts stated in Section 11B(a) or 11E
42-1 [Subsection (a), Section 11B,] of this Act regarding violations or
42-2 convictions exist as to the person [him].
42-3 SECTION 24. Section 19(l), Private Investigators and Private
42-4 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
42-5 Statutes), is amended to read as follows:
42-6 (l) The holder of a security officer commission who
42-7 terminates his employment with one employer may transfer his
42-8 security officer commission to a new employer if, not later than
42-9 the 14th [10th] day after the date on which the holder begins new
42-10 employment, the new employer notifies the board of the transfer of
42-11 employment on a form prescribed by the board, accompanied by the
42-12 employee information update fee.
42-13 SECTION 25. Section 20, Private Investigators and Private
42-14 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
42-15 Statutes), is amended to read as follows:
42-16 Sec. 20. TRAINING PROGRAMS. (a) The board shall establish
42-17 a basic training course for commissioned security officers. The
42-18 course must include, at a minimum:
42-19 (1) general security officer training issues;
42-20 (2) classroom instruction on handgun proficiency; and
42-21 (3) range instruction on handgun proficiency.
42-22 (b) The course must be offered and taught by schools and
42-23 instructors approved by the board. To receive board approval, a
42-24 school or an instructor must submit an application to the board on
42-25 a form provided by the board.
42-26 (c) [(b)] The basic training course approved by the board
42-27 shall consist of a minimum of 30 hours.
43-1 (d) The general security officer training portion of the
43-2 course must [and shall] include instruction on:
43-3 (1) board rules and applicable state laws [legal
43-4 limitations on the use of firearms and on the powers and authority
43-5 of a security officer];
43-6 (2) [familiarity with this Act;]
43-7 [(3)] field note taking and report writing;
43-8 [(4) range firing and procedure, and firearms safety
43-9 and maintenance;] and
43-10 (3) [(5)] any other topics of security officer
43-11 training curriculum which the board deems necessary.
43-12 (e) [(c)] The board shall develop a commissioned security
43-13 officer training manual that contains applicable state laws and
43-14 board rules to be used in the instructing and training of
43-15 commissioned security officers.
43-16 (f) [(d)] The board shall promulgate all rules necessary to
43-17 administer the provisions of this section concerning the training
43-18 requirements of this Act.
43-19 (g) [(e)] The board may not issue a security officer
43-20 commission to an applicant employed by a licensee unless the
43-21 applicant submits evidence satisfactory to the board that the
43-22 applicant:
43-23 (1) [he] has completed the basic training course at a
43-24 school or under an instructor approved by the board;
43-25 (2) [he] meets all qualifications established by this
43-26 Act and by the rules of the board;
43-27 (3) [he] has achieved the score required by the board
44-1 on the examination under Section 20B of this Act [satisfied his
44-2 firearm training instructor that he has attained with a handgun a
44-3 minimum average marksmanship competency of 160 out of 300 on an
44-4 "Army L" target or a minimum of 80 out of 150 on an F.B.I.
44-5 Silhouette target (N.R.A. B-27), at 50 feet with 10 shots slow
44-6 fire, 10 shots time fire and 10 shots double-action or complies
44-7 with the standards of marksmanship set by the board]; and
44-8 (4) [he] has satisfied the [his] firearm training
44-9 instructor that the applicant [he] has complied with the standards
44-10 of marksmanship set by the board for minimum marksmanship
44-11 competency with a shotgun.
44-12 (h) [(f)] In addition to the requirements of Subsection (g)
44-13 [(e)] of this section, the board by rules and regulations shall
44-14 establish other qualifications for persons who are employed in
44-15 positions requiring the carrying of firearms. These qualifications
44-16 may include physical and mental standards, standards of good moral
44-17 character, and other requirements that relate to the competency and
44-18 reliability of individuals to carry firearms. The board shall
44-19 prescribe appropriate forms and rules and regulations by which
44-20 evidence that the requirements are fulfilled is presented. [The
44-21 board shall require commissioned security officers and applicants
44-22 for security officer commissions to demonstrate proficiency in the
44-23 use of firearms to the satisfaction of a firearm training
44-24 instructor who is employed by a board approved training school.]
44-25 An applicant for a security officer commission must demonstrate
44-26 proficiency not earlier than the 90th day before the date on which
44-27 the security officer commission is to be issued. A commissioned
45-1 security officer must demonstrate proficiency not earlier than the
45-2 90th day before the date on which the commission is to be renewed.
45-3 The records of this proficiency shall be maintained by the school
45-4 and available for inspection by the board.
45-5 (i) [(g)] The board shall prescribe appropriate rules and
45-6 regulations for the maintenance of records relating to persons
45-7 issued security officer commissions by the board.
45-8 (j) The handgun proficiency course must include at least 10
45-9 hours and not more than 15 hours of instruction on:
45-10 (1) the laws that relate to weapons and to the use of
45-11 deadly force;
45-12 (2) handgun use, proficiency, and safety;
45-13 (3) nonviolent dispute resolution; and
45-14 (4) proper storage practices for handguns, with an
45-15 emphasis on storage practices that eliminate the possibility of
45-16 accidental injury to a child.
45-17 (k) The range instruction on handgun proficiency must
45-18 include an actual demonstration by the applicant of the applicant's
45-19 ability to safely and proficiently use a handgun. The applicant
45-20 must demonstrate, at a minimum, the degree of proficiency that is
45-21 required to effectively operate a 9-millimeter or .38-caliber
45-22 handgun.
45-23 (l) The board by rule shall establish minimum standards for
45-24 handgun proficiency that are at least as stringent as the standards
45-25 for handgun proficiency developed by the public safety director
45-26 under Section 411.188, Government Code.
45-27 SECTION 26. Subchapter C, Private Investigators and Private
46-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
46-2 Statutes), is amended by adding Sections 20A and 20B to read as
46-3 follows:
46-4 Sec. 20A. CONTINUING EDUCATION COURSE IN HANDGUN
46-5 PROFICIENCY. The board by rule shall develop a continuing
46-6 education course in handgun proficiency required for renewal of a
46-7 security officer commission. Only a board-approved instructor may
46-8 administer the continuing education course. The course must
46-9 include:
46-10 (1) at least four hours of instruction on one or more
46-11 of the subjects listed in Section 20(j) of this Act; and
46-12 (2) other information that the director determines is
46-13 appropriate.
46-14 Sec. 20B. HANDGUN PROFICIENCY EXAMINATION. (a) Only a
46-15 board-approved instructor may administer the handgun proficiency
46-16 examination required to obtain or to renew a security officer
46-17 commission.
46-18 (b) The proficiency examination must include:
46-19 (1) a written section on the subjects listed in
46-20 Section 20(j) of this Act; and
46-21 (2) a physical demonstration of handgun proficiency
46-22 that meets the minimum standards established under Section 20(k) or
46-23 (l) of this Act.
46-24 SECTION 27. Section 36, Private Investigators and Private
46-25 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
46-26 Statutes), is amended to read as follows:
46-27 Sec. 36. POCKET CARD[: RENEWAL]. [(a)] A pocket card
47-1 issued to [a noncommissioned security officer shall be issued to
47-2 the individual employee and is valid for four years. A pocket card
47-3 issued to] any [other] individual registered under Section 32 of
47-4 this Act [shall be issued to the individual's employer and] is
47-5 valid for two years. The pocket card must state the name of the
47-6 individual who is registered. A pocket card for an owner, officer,
47-7 partner, or shareholder of a license holder shall be issued to the
47-8 license holder.
47-9 [(b) On notification from the board the month before
47-10 expiration of the registrant's pocket card, each registrant shall
47-11 file for renewal of registration on a form designed by the board.]
47-12 SECTION 28. Subchapter C, Private Investigators and Private
47-13 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
47-14 Statutes), is amended by adding Section 36A to read as follows:
47-15 Sec. 36A. REGISTRATION RENEWAL. (a) A person who is
47-16 otherwise eligible to renew a registration may renew an unexpired
47-17 registration by paying the required renewal fee to the board before
47-18 the expiration date of the registration. A person whose
47-19 registration has expired may not engage in activities that require
47-20 a registration until the registration has been renewed.
47-21 (b) A person whose registration has been expired for 90 days
47-22 or less may renew the registration by paying to the board a renewal
47-23 fee that is equal to 1-1/2 times the normally required renewal fee.
47-24 (c) A person whose registration has been expired for more
47-25 than 90 days but less than one year may renew the registration by
47-26 paying to the board a renewal fee that is equal to two times the
47-27 normally required renewal fee.
48-1 (d) A person whose registration has been expired for one
48-2 year or more may not renew the registration. The person may obtain
48-3 a new registration by complying with the requirements and
48-4 procedures, including any examination required by the board, for
48-5 obtaining an original registration.
48-6 (e) A person who was registered in this state, moved to
48-7 another state, and is currently registered and has been in practice
48-8 in the other state for the two years preceding the date of
48-9 application may obtain a new registration without reexamination.
48-10 The person must pay to the board a fee that is equal to two times
48-11 the normally required renewal fee for the registration.
48-12 (f) Not later than the 30th day before the date a person's
48-13 registration is scheduled to expire, the board shall send written
48-14 notice of the impending expiration to the person at the person's
48-15 last known address according to the records of the board.
48-16 SECTION 29. Section 37, Private Investigators and Private
48-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
48-18 Statutes), is amended to read as follows:
48-19 Sec. 37. POCKET CARD[: RETURN AND] TRANSFER. [(a) When an
48-20 individual to whom a pocket card has been issued under Section 34
48-21 of this Act terminates his position as a private investigator,
48-22 manager, branch office manager, alarm systems installer, private
48-23 security consultant, security sales person, alarm systems monitor,
48-24 or dog trainer, or as an owner, officer, partner, or shareholder of
48-25 a licensee, the individual shall return his pocket card to the
48-26 licensee on termination of his employment.]
48-27 [(b) An individual who terminates his position as a
49-1 noncommissioned security officer may retain the pocket card for use
49-2 in future employment as provided by Subsection (c) of this section.]
49-3 [(c)] An individual who is registered with the board [as a
49-4 noncommissioned security officer] may transfer the registration
49-5 from one employer to another employer if, not later than the 14th
49-6 [10th] day after the date on which the registrant begins new
49-7 employment, the new employer notifies the board of the transfer of
49-8 employment on a form prescribed by the board accompanied by the
49-9 employee information update fee.
49-10 SECTION 30. Subchapter C, Private Investigators and Private
49-11 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
49-12 Statutes), is amended by adding Section 39A to read as follows:
49-13 Sec. 39A. CRIMINAL HISTORY CHECK. (a) The board shall
49-14 conduct a criminal history check, including a check of any criminal
49-15 history record information maintained by the Federal Bureau of
49-16 Investigation, in the manner provided by Subchapter F, Chapter 411,
49-17 Government Code, on each applicant for a license, registration,
49-18 security officer commission, letter of approval, permit, or
49-19 certification. An applicant is not eligible for a license,
49-20 registration, commission, letter of approval, permit, or
49-21 certification if the check reveals that the applicant has committed
49-22 an act that constitutes grounds for the denial of the license,
49-23 registration, commission, letter of approval, permit, or
49-24 certification. Each applicant shall include in the application two
49-25 complete sets of fingerprints on forms prescribed by the board
49-26 accompanied by the fee set by the board.
49-27 (b) Before beginning employment as a commissioned security
50-1 officer, the applicant must be approved by the board based on the
50-2 results of the check conducted under Subsection (a) of this
50-3 section. To continue employment in a capacity regulated under this
50-4 Act other than as a commissioned security officer, the applicant
50-5 must be approved by the board based on the results of the check
50-6 conducted under Subsection (a) of this section not later than the
50-7 120th day after the date the applicant begins employment in that
50-8 capacity.
50-9 (c) A license, registration, security officer commission,
50-10 letter of approval, permit, or certification issued by the board is
50-11 conditional on the board's receipt of criminal history record
50-12 information.
50-13 SECTION 31. Section 44, Private Investigators and Private
50-14 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
50-15 Statutes), is amended by adding Subsections (h) and (i) to read as
50-16 follows:
50-17 (h) A person commits an offense if the person contracts with
50-18 or is employed by a bondsman as defined by Chapter 550, Acts of the
50-19 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
50-20 Texas Civil Statutes), to secure the appearance of a person who has
50-21 violated Section 38.10, Penal Code, unless the person is:
50-22 (1) a peace officer;
50-23 (2) an individual licensed as a private investigator
50-24 or the manager of a licensed investigations company; or
50-25 (3) a commissioned security officer employed by a
50-26 licensed guard company.
50-27 (i) An offense under Subsection (h) of this section is a
51-1 state jail felony.
51-2 SECTION 32. Subchapter D, Private Investigators and Private
51-3 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
51-4 Statutes), is amended by adding Section 45A to read as follows:
51-5 Sec. 45A. LICENSE RENEWAL. (a) A person who is otherwise
51-6 eligible to renew a license may renew an unexpired license by
51-7 paying the required renewal fee to the board before the expiration
51-8 date of the license. A person whose license has expired may not
51-9 engage in activities that require a license until the license has
51-10 been renewed.
51-11 (b) A person whose license has been expired for 90 days or
51-12 less may renew the license by paying to the board a renewal fee
51-13 that is equal to 1-1/2 times the normally required renewal fee.
51-14 (c) A person whose license has been expired for more than 90
51-15 days but less than one year may renew the license by paying to the
51-16 board a renewal fee that is equal to two times the normally
51-17 required renewal fee.
51-18 (d) A person whose license has been expired for one year or
51-19 more may not renew the license. The person may obtain a new
51-20 license by complying with the requirements and procedures,
51-21 including the examination requirements, for obtaining an original
51-22 license.
51-23 (e) A person who was licensed in this state, moved to
51-24 another state, and is currently licensed and has been in practice
51-25 in the other state for the two years preceding the date of
51-26 application may obtain a new license without reexamination. The
51-27 person must pay to the board a fee that is equal to two times the
52-1 normally required renewal fee for the license.
52-2 (f) Not later than the 30th day before the date a person's
52-3 license is scheduled to expire, the board shall send written notice
52-4 of the impending expiration to the person at the person's last
52-5 known address according to the records of the board.
52-6 SECTION 33. Subchapter D, Private Investigators and Private
52-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
52-8 Statutes), is amended by adding Section 46A to read as follows:
52-9 Sec. 46A. STAGGERED RENEWAL; PRORATION OF LICENSE FEE. The
52-10 board by rule may adopt a system under which licenses expire on
52-11 various dates during the year. For the year in which the license
52-12 expiration date is changed, the board shall prorate license fees on
52-13 a monthly basis so that each license holder pays only that portion
52-14 of the license fee that is allocable to the number of months during
52-15 which the license is valid. On renewal of the license on the new
52-16 expiration date, the total license renewal fee is payable.
52-17 SECTION 34. Section 49, Private Investigators and Private
52-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
52-19 Statutes), is amended to read as follows:
52-20 Sec. 49. NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES
52-21 [FELONY OR CRIME INVOLVING MORAL TURPITUDE]. The Texas Department
52-22 of Public Safety shall notify the board, and the police department
52-23 and the sheriff's department of the city and county in which
52-24 [wherein] any person licensed, commissioned, or registered under
52-25 this Act resides, of the conviction of such person for a Class B
52-26 misdemeanor or equivalent offense or a greater offense [felony or a
52-27 crime involving moral turpitude].
53-1 SECTION 35. Section 50A, Private Investigators and Private
53-2 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
53-3 Statutes), is amended to read as follows:
53-4 Sec. 50A. COMPLAINTS. (a) The board shall maintain a file
53-5 on each written complaint filed with the board. The file must
53-6 include:
53-7 (1) the name of the person who filed the complaint;
53-8 (2) the date the complaint is received by the board;
53-9 (3) the subject matter of the complaint;
53-10 (4) the name of each person contacted in relation to
53-11 the complaint;
53-12 (5) a summary of the results of the review or
53-13 investigation of the complaint; and
53-14 (6) an explanation of the reason the file was closed,
53-15 if the agency closed the file without taking action other than to
53-16 investigate the complaint [keep an information file about each
53-17 complaint filed with the board relating to a person regulated by
53-18 the board].
53-19 (b) The board shall provide to the person filing the
53-20 complaint a copy of the board's policies and procedures relating to
53-21 complaint investigation and resolution.
53-22 (c) Unless it would jeopardize an undercover investigation,
53-23 the board shall provide to each person who is a subject of the
53-24 complaint a copy of the board's policies and procedures relating to
53-25 complaint investigation and resolution.
53-26 (d) The board, at least quarterly until final disposition of
53-27 the complaint, shall notify the person filing the complaint and
54-1 each person who is a subject of the complaint of the status of the
54-2 investigation unless the notice [If a written complaint is filed
54-3 with the board relating to a person regulated by the board, the
54-4 board, at least as frequently as quarterly, shall notify the
54-5 parties to the complaint of the status of the complaint until final
54-6 disposition unless the notification] would jeopardize an undercover
54-7 investigation.
54-8 SECTION 36. The Private Investigators and Private Security
54-9 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
54-10 amended by adding Subchapter E to read as follows:
54-11 SUBCHAPTER E. ADMINISTRATIVE PENALTY
54-12 Sec. 61. IMPOSITION OF PENALTY. In addition to any other
54-13 disciplinary action taken by the board, the board may impose an
54-14 administrative penalty on a person licensed, commissioned, or
54-15 registered under this Act who violates this Act or a rule or order
54-16 adopted under this Act.
54-17 Sec. 62. AMOUNT OF PENALTY. (a) Each day a violation
54-18 continues or occurs is a separate violation for purposes of
54-19 imposing a penalty. The amount of each separate violation may not
54-20 exceed $200.
54-21 (b) The amount of a violation shall be based on:
54-22 (1) the seriousness of the violation, including the
54-23 nature, circumstances, extent, and gravity of the violation;
54-24 (2) the economic harm to property or the public caused
54-25 by the violation;
54-26 (3) the history of previous violations;
54-27 (4) the amount necessary to deter a future violation;
55-1 (5) efforts to correct the violation; and
55-2 (6) any other matter that justice may require.
55-3 Sec. 63. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)
55-4 If the director determines that a violation occurred, the director
55-5 may issue to the board a report stating:
55-6 (1) the facts on which the determination is based; and
55-7 (2) the director's recommendation on the imposition of
55-8 the penalty, including a recommendation on the amount of the
55-9 penalty.
55-10 (b) Not later than the 14th day after the date the report is
55-11 issued, the director shall give written notice of the report to the
55-12 person.
55-13 (c) The notice must:
55-14 (1) include a brief summary of the alleged violation;
55-15 (2) state the amount of the recommended penalty; and
55-16 (3) inform the person of the person's right to a
55-17 hearing on the occurrence of the violation, the amount of the
55-18 penalty, or both.
55-19 Sec. 64. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not
55-20 later than the 20th day after the date the person receives the
55-21 notice, the person in writing may:
55-22 (1) accept the determination and recommended penalty
55-23 of the director; or
55-24 (2) make a request for a hearing on the occurrence of
55-25 the violation, the amount of the penalty, or both.
55-26 (b) If the person accepts the determination and recommended
55-27 penalty of the director, the board by order shall approve the
56-1 determination and impose the recommended penalty.
56-2 Sec. 65. HEARING. (a) If the person requests a hearing or
56-3 fails to respond in a timely manner to the notice, the director
56-4 shall set a hearing and give written notice of the hearing to the
56-5 person. An administrative law judge of the State Office of
56-6 Administrative Hearings shall hold the hearing.
56-7 (b) The administrative law judge shall make findings of fact
56-8 and conclusions of law and promptly issue to the board a proposal
56-9 for a decision about the occurrence of the violation and the amount
56-10 of a proposed penalty.
56-11 Sec. 66. DECISION BY BOARD. (a) Based on the findings of
56-12 fact, conclusions of law, and proposal for a decision, the board by
56-13 order may:
56-14 (1) find that a violation occurred and impose a
56-15 penalty; or
56-16 (2) find that a violation did not occur.
56-17 (b) The notice of the board's order given to the person must
56-18 include a statement of the right of the person to judicial review
56-19 of the order.
56-20 Sec. 67. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. Not
56-21 later than the 30th day after the date the board's order becomes
56-22 final, the person shall:
56-23 (1) pay the penalty; or
56-24 (2) file a petition for judicial review contesting the
56-25 occurrence of the violation, the amount of the penalty, or both.
56-26 Sec. 68. STAY OF ENFORCEMENT OF PENALTY. (a) Within the
56-27 30-day period prescribed by Section 67 of this Act, a person who
57-1 files a petition for judicial review may:
57-2 (1) stay enforcement of the penalty by:
57-3 (A) paying the penalty to the court for
57-4 placement in an escrow account; or
57-5 (B) giving the court a supersedeas bond approved
57-6 by the court that:
57-7 (i) is for the amount of the penalty; and
57-8 (ii) is effective until all judicial
57-9 review of the board's order is final; or
57-10 (2) request the court to stay enforcement of the
57-11 penalty by:
57-12 (A) filing with the court a sworn affidavit of
57-13 the person stating that the person is financially unable to pay the
57-14 penalty and is financially unable to give the supersedeas bond; and
57-15 (B) giving a copy of the affidavit to the
57-16 director by certified mail.
57-17 (b) If the director receives a copy of an affidavit under
57-18 Subsection (a)(2) of this section, the director may file with the
57-19 court, not later than the fifth day after the date the copy is
57-20 received, a contest to the affidavit. The court shall hold a
57-21 hearing on the facts alleged in the affidavit as soon as
57-22 practicable and shall stay the enforcement of the penalty on
57-23 finding that the alleged facts are true. The person who files an
57-24 affidavit has the burden of proving that the person is financially
57-25 unable to pay the penalty and to give a supersedeas bond.
57-26 Sec. 69. COLLECTION OF PENALTY. (a) If the person does not
57-27 pay the penalty and the enforcement of the penalty is not stayed,
58-1 the penalty may be collected.
58-2 (b) The attorney general may sue to collect the penalty.
58-3 Sec. 70. DECISION BY COURT. (a) If the court sustains the
58-4 finding that a violation occurred, the court may uphold or reduce
58-5 the amount of the penalty and order the person to pay the full or
58-6 reduced amount of the penalty.
58-7 (b) If the court does not sustain the finding that a
58-8 violation occurred, the court shall order that a penalty is not
58-9 owed.
58-10 Sec. 71. REMITTANCE OF PENALTY AND INTEREST. (a) If the
58-11 person paid the penalty and if the amount of the penalty is reduced
58-12 or the penalty is not upheld by the court, the court shall order,
58-13 when the court's judgment becomes final, that the appropriate
58-14 amount plus accrued interest be remitted to the person.
58-15 (b) The interest accrues at the rate charged on loans to
58-16 depository institutions by the New York Federal Reserve Bank.
58-17 (c) The interest shall be paid for the period beginning on
58-18 the date the penalty is paid and ending on the date the penalty is
58-19 remitted.
58-20 Sec. 72. RELEASE OF BOND. (a) If the person gave a
58-21 supersedeas bond and the penalty is not upheld by the court, the
58-22 court shall order, when the court's judgment becomes final, the
58-23 release of the bond.
58-24 (b) If the person gave a supersedeas bond and the amount of
58-25 the penalty is reduced, the court shall order the release of the
58-26 bond after the person pays the reduced amount.
58-27 Sec. 73. ADMINISTRATIVE PROCEDURE. A proceeding to impose
59-1 the penalty is considered to be a contested case under Chapter
59-2 2001, Government Code.
59-3 SECTION 37. Article 2.12, Code of Criminal Procedure, is
59-4 amended to read as follows:
59-5 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
59-6 officers:
59-7 (1) sheriffs and their deputies;
59-8 (2) constables and deputy constables;
59-9 (3) marshals or police officers of an incorporated
59-10 city, town, or village;
59-11 (4) rangers and officers commissioned by the Public
59-12 Safety Commission and the Director of the Department of Public
59-13 Safety;
59-14 (5) investigators of the district attorneys', criminal
59-15 district attorneys', and county attorneys' offices;
59-16 (6) law enforcement agents of the Texas Alcoholic
59-17 Beverage Commission;
59-18 (7) each member of an arson investigating unit
59-19 commissioned by a city, a county, or the state;
59-20 (8) officers commissioned under Section 37.081,
59-21 Education Code, or Subchapter E, Chapter 51, Education Code;
59-22 (9) officers commissioned by the General Services
59-23 Commission;
59-24 (10) law enforcement officers commissioned by the
59-25 Parks and Wildlife Commission;
59-26 (11) airport police officers commissioned by a city
59-27 with a population of more than one million, according to the most
60-1 recent federal census, that operates an airport that serves
60-2 commercial air carriers;
60-3 (12) airport security personnel commissioned as peace
60-4 officers by the governing body of any political subdivision of this
60-5 state, other than a city described by Subdivision (11), that
60-6 operates an airport that serves commercial air carriers;
60-7 (13) municipal park and recreational patrolmen and
60-8 security officers;
60-9 (14) security officers commissioned as peace officers
60-10 by the comptroller;
60-11 (15) officers commissioned by a water control and
60-12 improvement district under Section 49.216, Water Code;
60-13 (16) officers commissioned by a board of trustees
60-14 under Chapter 341, Acts of the 57th Legislature, Regular Session,
60-15 1961 (Article 1187f, Vernon's Texas Civil Statutes);
60-16 (17) investigators commissioned by the Texas State
60-17 Board of Medical Examiners;
60-18 (18) officers commissioned by the board of managers of
60-19 the Dallas County Hospital District, the Tarrant County Hospital
60-20 District, or the Bexar County Hospital District under Section
60-21 281.057, Health and Safety Code;
60-22 (19) county park rangers commissioned under Subchapter
60-23 E, Chapter 351, Local Government Code;
60-24 (20) investigators employed by the Texas Racing
60-25 Commission;
60-26 (21) officers commissioned by the State Board of
60-27 Pharmacy;
61-1 (22) officers commissioned by the governing body of a
61-2 metropolitan rapid transit authority under Section 451.108,
61-3 Transportation Code, or by a regional transportation authority
61-4 under Section 452.110, Transportation Code;
61-5 (23) investigators commissioned by the attorney
61-6 general under Section 402.009, Government Code;
61-7 (24) security officers and investigators commissioned
61-8 as peace officers under Chapter 466, Government Code;
61-9 (25) an officer employed by the Texas Department of
61-10 Health under Section 431.2471, Health and Safety Code;
61-11 (26) officers appointed by an appellate court under
61-12 Subchapter F, Chapter 53, Government Code;
61-13 (27) officers commissioned by the state fire marshal
61-14 under Chapter 417, Government Code;
61-15 (28) an investigator commissioned by the commissioner
61-16 of insurance under Article 1.10D, Insurance Code; [and]
61-17 (29) apprehension specialists commissioned by the
61-18 Texas Youth Commission as officers under Section 61.0931, Human
61-19 Resources Code; and
61-20 (30) board investigators commissioned by the Texas
61-21 Commission on Private Security under Section 10(f), Private
61-22 Investigators and Private Security Agencies Act (Article
61-23 4413(29bb), Vernon's Texas Civil Statutes).
61-24 SECTION 38. Section 411.042(b), Government Code, is amended
61-25 to read as follows:
61-26 (b) The bureau of identification and records shall:
61-27 (1) procure and file for record photographs, pictures,
62-1 descriptions, fingerprints, measurements, and other pertinent
62-2 information of all persons arrested for or charged with a criminal
62-3 offense or convicted of a criminal offense, regardless of whether
62-4 the conviction is probated;
62-5 (2) collect information concerning the number and
62-6 nature of offenses reported or known to have been committed in the
62-7 state and the legal steps taken in connection with the offenses,
62-8 and other information useful in the study of crime and the
62-9 administration of justice, including a statistical breakdown of
62-10 those offenses in which family violence was involved;
62-11 (3) make ballistic tests of bullets and firearms and
62-12 chemical analyses of bloodstains, cloth, materials, and other
62-13 substances for law enforcement officers of the state;
62-14 (4) cooperate with identification and crime records
62-15 bureaus in other states and the United States Department of
62-16 Justice; [and]
62-17 (5) maintain a list of all previous background checks
62-18 for applicants for any position regulated under the Private
62-19 Investigators and Private Security Agencies Act (Article
62-20 4413(29bb), Vernon's Texas Civil Statutes) who have undergone a
62-21 criminal history background check under Section 411.119, if the
62-22 check indicates a Class B misdemeanor or equivalent offense or a
62-23 greater offense; and
62-24 (6) collect information concerning the number and
62-25 nature of protective orders and all other pertinent information
62-26 about all persons on active protective orders. Information in the
62-27 law enforcement information system relating to an active protective
63-1 order shall include:
63-2 (A) the name, sex, race, date of birth, personal
63-3 descriptors, address, and county of residence of the person to whom
63-4 the order is directed;
63-5 (B) any known identifying number of the person
63-6 to whom the order is directed, including the person's social
63-7 security number or driver's license number;
63-8 (C) the name and county of residence of the
63-9 person protected by the order;
63-10 (D) the residence address and place of
63-11 employment or business of the person protected by the order, unless
63-12 that information is excluded from the order under Section 85.007
63-13 [71.111], Family Code;
63-14 (E) the child-care facility or school where a
63-15 child protected by the order normally resides or which the child
63-16 normally attends, unless that information is excluded from the
63-17 order under Section 85.007 [71.111], Family Code;
63-18 (F) the relationship or former relationship
63-19 between the person who is protected by the order and the person to
63-20 whom the order is directed; and
63-21 (G) the date the order expires.
63-22 SECTION 39. Section 411.119, Government Code, is amended to
63-23 read as follows:
63-24 Sec. 411.119. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
63-25 TEXAS COMMISSION ON PRIVATE SECURITY [TEXAS BOARD OF PRIVATE
63-26 INVESTIGATORS AND PRIVATE SECURITY AGENCIES]. The Texas Commission
63-27 on Private Security [Texas Board of Private Investigators and
64-1 Private Security Agencies] is entitled to obtain from the
64-2 department criminal history record information maintained by the
64-3 department, including information maintained under Section
64-4 411.042(b)(5), that relates to [a person who is]:
64-5 (1) an applicant for a license, registration, [or]
64-6 security officer commission, letter of approval, permit, or handgun
64-7 instructor certification under the Private Investigators and
64-8 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
64-9 Civil Statutes); or
64-10 (2) a person who holds a license, registration,
64-11 security officer commission, letter of approval, permit, or handgun
64-12 instructor certification under the Private Investigators and
64-13 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
64-14 Civil Statutes) [an applicant for a position regulated under that
64-15 Act].
64-16 SECTION 40. (a) The Texas Commission on Private Security,
64-17 formerly named the Texas Board of Private Investigators and Private
64-18 Security Agencies, is a criminal justice agency for the sole
64-19 purpose of directly obtaining criminal history records maintained
64-20 by the Federal Bureau of Investigation.
64-21 (b) As soon as practicable after the effective date of this
64-22 Act, the director of the Texas Commission on Private Security shall
64-23 request from the appropriate official at the United States
64-24 Department of Justice a determination letter as to whether the
64-25 Texas Commission on Private Security is recognized as a criminal
64-26 justice agency for the sole purpose of directly obtaining criminal
64-27 history records maintained by the Federal Bureau of Investigation.
65-1 (c) On receipt of the letter requested under Subsection (b)
65-2 of this section, the director of the Texas Commission on Private
65-3 Security shall give the letter to the secretary of state for
65-4 publication in the Texas Register.
65-5 (d) Notwithstanding Section 39A, Private Investigators and
65-6 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
65-7 Civil Statutes), as added by this Act, if the letter requested
65-8 under Subsection (b) of this section grants recognition as a
65-9 criminal justice agency for the purpose of directly obtaining
65-10 criminal history records maintained by the Federal Bureau of
65-11 Investigation, the Texas Commission on Private Security shall
65-12 directly request from the Federal Bureau of Investigation criminal
65-13 history records maintained by the Federal Bureau of Investigation
65-14 rather than making requests through the Texas Department of Public
65-15 Safety as authorized by Section 411.087, Government Code.
65-16 (e) If the letter requested under Subsection (b) of this
65-17 section does not grant recognition as a criminal justice agency for
65-18 the purpose of directly obtaining criminal history records
65-19 maintained by the Federal Bureau of Investigation, this section has
65-20 no effect.
65-21 SECTION 41. (a) For the purpose of compliance with Section
65-22 5(a), Private Investigators and Private Security Agencies Act
65-23 (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended by
65-24 this Act, the governor shall appoint three additional members to
65-25 the Texas Commission on Private Security in accordance with this
65-26 section.
65-27 (b) The governor shall appoint two public members and one
66-1 person who is qualified under Section 5(a)(5), Private
66-2 Investigators and Private Security Agencies Act (Article
66-3 4413(29bb), Vernon's Texas Civil Statutes), as added by this Act.
66-4 The governor shall appoint the person who is qualified under
66-5 Section 5(a)(5), Private Investigators and Private Security
66-6 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes),
66-7 as added by this Act, to a term expiring January 31, 2001. The
66-8 governor shall appoint one public member to a term expiring January
66-9 31, 2003, and one public member to a term expiring January 31,
66-10 2005.
66-11 SECTION 42. (a) For the purpose of compliance with Section
66-12 5(a), Private Investigators and Private Security Agencies Act
66-13 (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended by
66-14 this Act, the governor shall appoint members to the Texas
66-15 Commission on Private Security, to fill a vacancy or as terms
66-16 expire, in accordance with this section.
66-17 (b) In appointing members to the two positions that, before
66-18 the effective date of this Act, were held by members who were
66-19 private investigators or security service contractors, the governor
66-20 shall appoint one member who is a licensed private investigator and
66-21 one member who is a licensed alarm systems company.
66-22 SECTION 43. The changes in law made by this Act to Section
66-23 5(a), Private Investigators and Private Security Agencies Act
66-24 (Article 4413(29bb), Vernon's Texas Civil Statutes), do not affect
66-25 the entitlement of an appointed member of the Texas Board of
66-26 Private Investigators and Private Security Agencies serving on the
66-27 board immediately before the effective date of this Act to continue
67-1 to serve on the Texas Commission on Private Security for the
67-2 remainder of the member's term or to serve in a holdover capacity
67-3 until a successor is appointed and takes office. This Act does not
67-4 prohibit a board member from being reappointed to the commission if
67-5 the person has the qualifications required by the Private
67-6 Investigators and Private Security Agencies Act (Article
67-7 4413(29bb), Vernon's Texas Civil Statutes), as amended by this Act.
67-8 SECTION 44. (a) On and after January 1, 2000, the State
67-9 Office of Administrative Hearings shall assume responsibility for
67-10 hearings, other than on any summary suspension or summary denial of
67-11 applications, held with respect to contested cases arising under
67-12 the Private Investigators and Private Security Agencies Act
67-13 (Article 4413(29bb), Vernon's Texas Civil Statutes), and the chief
67-14 administrative law judge of the State Office of Administrative
67-15 Hearings may agree to a transfer of contested cases pending before
67-16 the Texas Commission on Private Security to the State Office of
67-17 Administrative Hearings before January 1, 2000.
67-18 (b) This Act does not require a transfer of any personnel
67-19 from the Texas Commission on Private Security to the State Office
67-20 of Administrative Hearings.
67-21 SECTION 45. Section 11B, Private Investigators and Private
67-22 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
67-23 Statutes), as amended by this Act, and Section 11E, Private
67-24 Investigators and Private Security Agencies Act (Article
67-25 4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
67-26 apply only to a disciplinary action that is initiated on or after
67-27 the effective date of this Act. A disciplinary action that is
68-1 initiated before the effective date of this Act is governed by the
68-2 law in effect on the date the disciplinary action is initiated, and
68-3 that law is continued in effect for that purpose.
68-4 SECTION 46. Section 11F, Private Investigators and Private
68-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
68-6 Statutes), as added by this Act, applies only to an application
68-7 filed on or after the effective date of this Act. An application
68-8 that is filed before the effective date of this Act is governed by
68-9 the law in effect on the date the application is filed, and that
68-10 law is continued in effect for that purpose.
68-11 SECTION 47. Section 14(a), Private Investigators and Private
68-12 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
68-13 Statutes), as amended by this Act, and Section 14(a-1), Private
68-14 Investigators and Private Security Agencies Act (Article
68-15 4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
68-16 apply only to a license application filed on or after the effective
68-17 date of this Act. A license application that is filed before the
68-18 effective date of this Act is governed by the law in effect on the
68-19 date the license application is filed, and that law is continued in
68-20 effect for that purpose.
68-21 SECTION 48. Section 17, Private Investigators and Private
68-22 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
68-23 Statutes), as amended by this Act, applies only to a
68-24 noncommissioned security officer registration that expires on or
68-25 after the effective date of this Act. A noncommissioned security
68-26 officer registration that expires before the effective date of this
68-27 Act is governed by the law in effect on the date the registration
69-1 expires, and that law is continued in effect for that purpose.
69-2 SECTION 49. Section 20, Private Investigators and Private
69-3 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
69-4 Statutes), as amended by this Act, applies only to an application
69-5 for a security officer commission filed on or after the effective
69-6 date of this Act. An application for a security officer commission
69-7 that is filed before the effective date of this Act is governed by
69-8 the law in effect on the date the application is filed, and that
69-9 law is continued in effect for that purpose.
69-10 SECTION 50. Section 36, Private Investigators and Private
69-11 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
69-12 Statutes), as amended by this Act, applies only to a pocket card
69-13 issued on or after the effective date of this Act. A pocket card
69-14 issued before the effective date of this Act is governed by the law
69-15 in effect on the date the pocket card is issued, and that law is
69-16 continued in effect for that purpose.
69-17 SECTION 51. Sections 36A and 45A, Private Investigators and
69-18 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
69-19 Civil Statutes), as added by this Act, apply only to the renewal of
69-20 a license or registration that expires on or after the effective
69-21 date of this Act. The renewal of a license or registration that
69-22 expires before the effective date of this Act is governed by the
69-23 law in effect immediately before the effective date of this Act,
69-24 and that law is continued in effect for that purpose.
69-25 SECTION 52. Section 39A, Private Investigators and Private
69-26 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
69-27 Statutes), as added by this Act, applies only to a request for a
70-1 criminal history record for an application filed on or after the
70-2 effective date of this Act. A request for a criminal history
70-3 record for an application filed before the effective date of this
70-4 Act is governed by the law in effect on the date the application is
70-5 filed, and that law is continued in effect for that purpose.
70-6 SECTION 53. (a) Sections 44(h) and (i), Private
70-7 Investigators and Private Security Agencies Act (Article
70-8 4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
70-9 apply only to an offense committed on or after the effective date
70-10 of this Act. For purposes of this section, an offense is committed
70-11 before the effective date of this Act if any element of the offense
70-12 occurs before that date.
70-13 (b) An offense committed before the effective date of this
70-14 Act is covered by the law in effect when the offense was committed,
70-15 and the former law is continued in effect for that purpose.
70-16 SECTION 54. Subchapter E, Private Investigators and Private
70-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
70-18 Statutes), as added by this Act, applies only to a violation of
70-19 this Act or a rule or order adopted under this Act if that
70-20 violation occurs on or after the effective date of this Act. A
70-21 violation that occurs before the effective date of this Act is
70-22 governed by the law in effect on the date the violation occurred,
70-23 and that law is continued in effect for that purpose.
70-24 SECTION 55. The following provisions of the Private
70-25 Investigators and Private Security Agencies Act (Article
70-26 4413(29bb), Vernon's Texas Civil Statutes), are repealed:
70-27 (1) Section 9;
71-1 (2) Sections 15(e) and (f);
71-2 (3) Sections 19(g), (h), and (j);
71-3 (4) Sections 33(c) and (d);
71-4 (5) Section 38;
71-5 (6) Section 39;
71-6 (7) Section 41;
71-7 (8) Section 43;
71-8 (9) Sections 45(c)-(i); and
71-9 (10) Section 46.
71-10 SECTION 56. This Act takes effect September 1, 1999.
71-11 SECTION 57. The importance of this legislation and the
71-12 crowded condition of the calendars in both houses create an
71-13 emergency and an imperative public necessity that the
71-14 constitutional rule requiring bills to be read on three several
71-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2617 was passed by the House on April
20, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2617 on May 17, 1999, by a non-record
vote; and that the House adopted H.C.R. No. 295 authorizing certain
corrections in H.B. No. 2617 on May 23, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2617 was passed by the Senate, with
amendments, on May 13, 1999, by a viva-voce vote; and that the
Senate adopted H.C.R. No. 295 authorizing certain corrections in
H.B. No. 2617 on May 24, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor