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