76R10724 GJH-F
By Bosse H.B. No. 2617
Substitute the following for H.B. No. 2617:
By Turner of Coleman C.S.H.B. No. 2617
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation of the Texas Board of Private
1-3 Investigators and Private Security Agencies as the Private Security
1-4 Commission and to the functions performed by that agency; providing
1-5 a penalty.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 1, Private Investigators and Private
1-8 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-9 Statutes), is amended to read as follows:
1-10 Sec. 1. SHORT TITLE. This Act may be cited as the Private
1-11 Security Act. Any reference in law to the Private Investigators
1-12 and Private Security Agencies Act is a reference to the Private
1-13 Security Act.
1-14 SECTION 2. Section 2, Private Investigators and Private
1-15 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-16 Statutes), is amended by amending Subdivisions (1), (4), and (33)
1-17 and by adding Subdivision (37) to read as follows:
1-18 (1) "Board" means the Private Security Commission
1-19 [Texas Board of Private Investigators and Private Security
1-20 Agencies].
1-21 (4) "Guard company" means any person employing an
1-22 individual described by Section 3(f) of this Act or engaging in the
1-23 business of or undertaking to provide a private watchman, guard, or
1-24 street patrol service on a contractual basis for another person and
2-1 performing any one or more of the following or similar functions:
2-2 (a) prevention of intrusion, entry, larceny,
2-3 vandalism, abuse, fire, or trespass on private property;
2-4 (b) prevention, observation, or detection of any
2-5 unauthorized activity on private property;
2-6 (c) control, regulation, or direction of the
2-7 flow or movements of the public, whether by vehicle or otherwise,
2-8 only to the extent and for the time directly and specifically
2-9 required to assure the protection of property;
2-10 (d) protection of individuals from bodily harm;
2-11 or
2-12 (e) protection of one or more individuals from
2-13 bodily harm through the use of a personal protection officer.
2-14 (33) "Detection device" means an electronic device
2-15 used as a part of a burglar or hold-up alarm including any control,
2-16 communications, motion detector, door or window switch, sound
2-17 detector, vibration detector, light beam, pressure mat, wiring, or
2-18 similar device [; or any electronic device used to limit access by
2-19 persons into building structures or gate compounds, including any
2-20 control, communications, motion detector, door or window switch,
2-21 card or proximity readers, push-button key pad entry, gate entry
2-22 device, door exit buttons, or similar device].
2-23 (37) "Extra job coordinator" means a peace officer
2-24 who:
2-25 (A) is employed full-time by a political
2-26 subdivision;
2-27 (B) as part of the employment, schedules other
3-1 peace officers to provide guard, patrolman, or watchman services in
3-2 a private capacity who are:
3-3 (i) employed full-time by a political
3-4 subdivision; and
3-5 (ii) not employed by the extra job
3-6 coordinator; and
3-7 (C) does not receive compensation for the
3-8 scheduling from any person other than the political subdivision.
3-9 SECTION 3. Section 3, Private Investigators and Private
3-10 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
3-11 Statutes), is amended by amending Subsection (a) and adding
3-12 Subsection (f) to read as follows:
3-13 (a) This Act does not apply to:
3-14 (1) a person employed exclusively and regularly by one
3-15 employer in connection with the affairs of an employer only and
3-16 where there exists an employer-employee relationship; provided,
3-17 however, any person who shall carry a firearm in the course of the
3-18 [his] employment shall be required to obtain a private security
3-19 officer commission under the provisions of this Act;
3-20 (2) except as provided by Subsection (d) of this
3-21 Section, an officer or employee of the United States of America, or
3-22 of this State or political subdivision of either, while the
3-23 employee or officer is engaged in the performance of official
3-24 duties;
3-25 (3) a person who has full-time employment as a peace
3-26 officer, who receives compensation for private employment on an
3-27 individual or an independent contractor basis as a patrolman,
4-1 guard, [or] watchman, or extra job coordinator if the officer:
4-2 (A) is employed in an employee-employer
4-3 relationship or employed on an individual contractual basis;
4-4 (B) is not in the employ of another peace
4-5 officer;
4-6 (C) is not a reserve peace officer; and
4-7 (D) works as a peace officer on the average of
4-8 at least 32 hours a week, is compensated by the state or a
4-9 political subdivision of the state at the rate of the minimum wage
4-10 or higher, and is entitled to all employee benefits offered to a
4-11 peace officer by the state or political subdivision;
4-12 (4) a person engaged exclusively in the business of
4-13 obtaining and furnishing information for purposes of credit
4-14 worthiness, [or] collecting debts, or ascertaining the reliability
4-15 of information provided by [financial responsibility of] applicants
4-16 for property, life, or disability insurance and for indemnity or
4-17 surety bonds, with respect to persons, firms, and corporations;
4-18 (5) an attorney while engaged in the practice of law
4-19 [attorney-at-law in performing his duties];
4-20 (6) admitted insurers, insurance adjusters, agents,
4-21 and insurance brokers licensed by the State, performing duties in
4-22 connection with insurance transacted by them;
4-23 (7) a person who engages exclusively in the business
4-24 of repossessing property that is secured by a mortgage or other
4-25 security interest;
4-26 (8) a locksmith who does not install or service
4-27 detection devices, does not conduct investigations, and is not a
5-1 security service contractor;
5-2 (9) a person who owns and installs burglar detection
5-3 or alarm devices on the person's [his] own property or, if the
5-4 person [he] does not charge for the device or its installation,
5-5 installs it for the protection of the person's [his] personal
5-6 property located on another's property, and does not install the
5-7 devices as a normal business practice on the property of another;
5-8 (10) an employee of a cattle association who is
5-9 engaged in inspection of brands of livestock under the authority
5-10 granted to that cattle association by the Packers and Stockyards
5-11 Division of the United States Department of Agriculture;
5-12 (11) a common carrier by rail engaged in interstate
5-13 commerce and regulated by state and federal authorities and
5-14 transporting commodities essential to the national defense and to
5-15 the general welfare and safety of the community;
5-16 (12) a registered professional engineer practicing in
5-17 accordance with the provisions of the Texas Engineering Practice
5-18 Act that does not install or service detection devices, does not
5-19 conduct nonengineering investigations, is performing forensic
5-20 engineering studies, and is not a security services contractor;
5-21 (13) a person whose sale of burglar alarm signal
5-22 devices, burglary alarms, television cameras, still cameras, or
5-23 other electrical, mechanical, or electronic devices used for
5-24 preventing or detecting burglary, theft, shoplifting, pilferage, or
5-25 other losses is exclusively over-the-counter or by mail order;
5-26 (14) a person who holds a license or other form of
5-27 permission issued by an incorporated city or town to practice as an
6-1 electrician and who installs fire or smoke detectors in no building
6-2 other than a single family or multifamily residence;
6-3 (15) a person or organization in the business of
6-4 building construction that installs electrical wiring and devices
6-5 that may include in part the installation of a burglar alarm or
6-6 detection device if:
6-7 (A) the person or organization is a party to a
6-8 contract that provides that the installation will be performed
6-9 under the direct supervision of and inspected and certified by a
6-10 person or organization licensed to install and certify such an
6-11 alarm or detection device and that the licensee assumes full
6-12 responsibility for the installation of the alarm or detection
6-13 device; and
6-14 (B) the person or organization does not service
6-15 or maintain burglar alarms or detection devices;
6-16 (16) a reserve peace officer while the reserve officer
6-17 is performing guard, patrolman, or watchman duties for a county and
6-18 is being compensated solely by that county;
6-19 (17) response to a burglar alarm or detection device
6-20 by a law enforcement agency or by a law enforcement officer acting
6-21 in an official capacity;
6-22 (18) [a person who, by education, experience, or
6-23 background has specialized expertise or knowledge such as that
6-24 which would qualify or tend to qualify such person as an expert
6-25 witness, authorized to render opinions in proceedings conducted in
6-26 a court, administrative agency, or governing body of this state or
6-27 of the United States, in accordance with applicable rules and
7-1 regulations and who does not perform any other service for which a
7-2 license is required by provisions of this Act;]
7-3 [(19)] an officer, employee, or agent of a common
7-4 carrier, as defined by Section 153 [153(10)], Communications Act of
7-5 1934 (47 U.S.C. Section 153 [U.S.C.A. Sec. 151 et seq.]), and its
7-6 subsequent amendments, while protecting the carrier or a user of
7-7 the carrier's long-distance services from a fraudulent, unlawful,
7-8 or abusive use of those long-distance services;
7-9 (19) [(20)] a person who sells or installs automobile
7-10 burglar alarm devices and that does not perform any other act that
7-11 requires a license under this Act;
7-12 (20) [(21)] a manufacturer, or a manufacturer's
7-13 authorized distributor, who sells to the holder of a license under
7-14 this Act equipment used in the operations for which the holder is
7-15 required to be licensed;
7-16 (21) [(22)] a person employed as a noncommissioned
7-17 security officer by a political subdivision of this state;
7-18 (22) [(23)] a person whose activities are regulated
7-19 under Article 5.43-2, Insurance Code, except to the extent that
7-20 those activities are specifically regulated under this Act;
7-21 (23) [(24)] a landman performing activities in the
7-22 course and scope of the landman's business;
7-23 (24) [(25)] a hospital or a wholly owned subsidiary or
7-24 affiliate of a hospital that provides medical alert services for
7-25 persons who are sick or disabled, if the hospital, subsidiary, or
7-26 affiliate is licensed under Chapter 241, Health and Safety Code,
7-27 and the hospital does not perform any other service that requires a
8-1 license under this Act;
8-2 (25) [(26)] a charitable, nonprofit organization that
8-3 provides medical alert services for persons who are sick or
8-4 disabled, if the organization:
8-5 (A) is exempt from federal taxation under
8-6 Section 501(a) of the Internal Revenue Code of 1986, and its
8-7 subsequent amendments, by being listed as an exempt entity under
8-8 Section 501(c)(3) of that code[, Internal Revenue Code of 1986];
8-9 (B) has its monitoring services provided by a
8-10 licensed person, licensed nurse, licensed physician assistant, or
8-11 hospital or a wholly owned subsidiary or affiliate of a hospital
8-12 licensed under Chapter 241, Health and Safety Code; and
8-13 (C) does not perform any other service that
8-14 requires a license under this Act;
8-15 (26) [(27)] a person engaged in the business of
8-16 electronic monitoring of a person as a condition of that person's
8-17 probation, parole, mandatory supervision, or release on bail, if
8-18 the person does not perform any other service that requires a
8-19 license under this Act;
8-20 (27) [(28)] a nonprofit business or civic organization
8-21 that:
8-22 (A) employs one or more peace officers meeting
8-23 the qualifications of Subdivision (3) of this subsection as
8-24 patrolmen, guards, or watchmen;
8-25 (B) provides the services of these peace
8-26 officers only to:
8-27 (i) its members; or
9-1 (ii) if the organization does not have
9-2 members, the members of the communities served by the organization
9-3 as described in its articles of incorporation or other
9-4 organizational documents;
9-5 (C) devotes the net receipts from all charges
9-6 for the services exclusively to the cost of providing the services
9-7 or to the costs of other services for the enhancement of the
9-8 security or safety of:
9-9 (i) its members; or
9-10 (ii) if the organization does not have
9-11 members, the members of the communities served by the organization
9-12 as described in its articles of incorporation or other
9-13 organizational documents; and
9-14 (D) does not perform any other service that
9-15 requires a license under this Act;
9-16 (28) [(29)] a charitable, nonprofit organization that
9-17 maintains a system of records to aid in the location of missing
9-18 children if the organization:
9-19 (A) is exempt from federal taxation under
9-20 Section 501(a) of the Internal Revenue Code of 1986, and its
9-21 subsequent amendments, by being listed as an exempt entity under
9-22 Section 501(c)(3) of that code[, Internal Revenue Code of 1986, and
9-23 its subsequent amendments];
9-24 (B) exclusively provides services related to
9-25 locating missing children; and
9-26 (C) does not perform any other service that
9-27 requires a license under this Act;
10-1 (29) [(30)] a person engaged in the business of
10-2 psychological testing or other testing and interviewing services
10-3 (to include but not limited to attitudes, honesty, intelligence,
10-4 personality, and skills) for preemployment purposes, if the person
10-5 does not perform any other service that requires a license under
10-6 this Act;
10-7 (30) [(31)] a person who does not perform any other
10-8 act that requires a license under this Act, and who is engaged in
10-9 obtaining information classified as a public record under Chapter
10-10 552, Government Code, regardless of whether for compensation,
10-11 unless the person is a full-time employee, as defined by Section
10-12 61.001, Labor Code, of a person licensed under this Act; [or]
10-13 (31) [(32)] a person who obtains a document for use in
10-14 litigation under an authorization or subpoena issued for a written
10-15 or oral deposition;
10-16 (32) a person who is employed full-time by and is
10-17 commissioned as a campus security personnel employee by a private
10-18 institution of higher education under Section 51.212, Education
10-19 Code, while the person is:
10-20 (A) on the property of the private institution
10-21 of higher education; and
10-22 (B) operating within the scope of the person's
10-23 employment; or
10-24 (33) a peace officer commissioned by an incorporated
10-25 municipality who is hired under Section 51.212, Education Code, on
10-26 a regular basis by a private institution of higher education while
10-27 that peace officer is operating within the scope of the peace
11-1 officer's employment with the institution of higher education.
11-2 (f) Notwithstanding Subsection (a)(1) of this section, this
11-3 Act applies to an individual who:
11-4 (1) works at a location that is open to the public;
11-5 and
11-6 (2) in the course of employment:
11-7 (A) regularly comes into contact with the
11-8 public; and
11-9 (B) wears a uniform with any type of badge
11-10 commonly associated with security personnel or law enforcement or a
11-11 patch or apparel with "security" or the name of the employer on the
11-12 patch or apparel.
11-13 SECTION 4. Section 4(d), Private Investigators and Private
11-14 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
11-15 Statutes), is amended to read as follows:
11-16 (d) The Private Security Commission [Texas Board of Private
11-17 Investigators and Private Security Agencies] is subject to Chapter
11-18 325, Government Code (Texas Sunset Act). Unless continued in
11-19 existence as provided by that chapter, the commission [board] is
11-20 abolished and this Act expires September 1, 2003 [1999].
11-21 SECTION 5. Subchapter B, Private Investigators and Private
11-22 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
11-23 Statutes), is amended by adding Section 4A and by amending Section
11-24 5 to read as follows:
11-25 Sec. 4A. NAME CHANGE. The name of the Texas Board of
11-26 Private Investigators and Private Security Agencies is changed to
11-27 the Private Security Commission. A reference in this Act or other
12-1 law to the Texas Board of Private Investigators and Private
12-2 Security Agencies means the Private Security Commission.
12-3 Sec. 5. COMMISSION [BOARD] MEMBERSHIP. (a) The Private
12-4 Security Commission is composed of an ex officio member as provided
12-5 by Section 5A of this Act and nine members appointed by the
12-6 governor with the advice and consent of the senate as follows:
12-7 (1) five public members, each of whom is a citizen of
12-8 the United States;
12-9 (2) one member who:
12-10 (A) is licensed under this Act as a private
12-11 investigator;
12-12 (B) has been engaged as a private investigator
12-13 for at least the five years preceding appointment; and
12-14 (C) is not employed by a person who employs
12-15 another member of the board;
12-16 (3) one member who is licensed under this Act as an
12-17 alarm systems company and who:
12-18 (A) has been engaged as an alarm systems company
12-19 for at least the five years preceding appointment; and
12-20 (B) is not employed by a person who employs
12-21 another member of the board;
12-22 (4) one member who:
12-23 (A) is licensed under this Act as the owner or
12-24 operator of a guard company;
12-25 (B) has been the owner or operator of the guard
12-26 company for at least the five years preceding appointment; and
12-27 (C) is not employed by a person who employs
13-1 another member of the board; and
13-2 (5) one member who:
13-3 (A) holds a license, security officer
13-4 commission, or registration under this Act;
13-5 (B) has been engaged in activity regulated by
13-6 the board under this Act for at least the five years preceding
13-7 appointment; and
13-8 (C) is not employed by a person who employs
13-9 another member of the board. [The board is composed of the
13-10 following members:]
13-11 [(1) the director of the Texas Department of Public
13-12 Safety or his designated representative shall serve as an ex
13-13 officio member of such board, and such service shall not jeopardize
13-14 the individual's official capacity with the State of Texas;]
13-15 [(2) the Attorney General or his designated
13-16 representative shall serve as an ex officio member of such board,
13-17 and such service shall not jeopardize the individual's official
13-18 capacity with the State of Texas;]
13-19 [(3) three members shall be appointed by the Governor,
13-20 without regard to the race, creed, color, handicap, age, sex,
13-21 religion, or national origin of the appointees and with the advice
13-22 and consent of the Senate, who are citizens of the United States
13-23 and residents of the State of Texas;]
13-24 [(4) two members shall be appointed by the Governor,
13-25 without regard to the race, creed, color, handicap, age, sex,
13-26 religion, or national origin of the appointees and with the advice
13-27 and consent of the Senate, who are licensed under this Act, who
14-1 have been engaged for a period of five consecutive years as a
14-2 private investigator or security services contractor, and who are
14-3 not employed by the same person as any other member of the board;
14-4 and]
14-5 [(5) one member shall be appointed by the Governor
14-6 without regard to the race, creed, color, handicap, age, sex,
14-7 religion, or national origin of the appointee and with the advice
14-8 and consent of the Senate, who:]
14-9 [(A) is licensed under this Act as the owner or
14-10 operator of a guard company;]
14-11 [(B) has operated for at least five consecutive
14-12 years as a guard company; and]
14-13 [(C) is not employed by a person who employs any
14-14 other member of the board.]
14-15 (b) Appointments to the board shall be made without regard
14-16 to the race, color, disability, sex, religion, age, or national
14-17 origin of the appointees.
14-18 (c) The board's public members must be representatives of
14-19 the general public. A person may not be [is not eligible for
14-20 appointment as] a public member of the board if the person or the
14-21 person's spouse:
14-22 (1) is registered, commissioned, certified, or
14-23 licensed by a [an occupational] regulatory agency in the field of
14-24 private investigations or private security;
14-25 (2) is employed by or participates in the management
14-26 of a business entity or other organization regulated by or
14-27 receiving money from the board [related to the field of private
15-1 security]; [or]
15-2 (3) owns or controls, directly or indirectly, more
15-3 than a 10 percent [has, other than as a consumer, a financial]
15-4 interest in a business entity or other organization regulated by or
15-5 receiving money from the board; or
15-6 (4) uses or receives a substantial amount of tangible
15-7 goods, services, or money from the board other than compensation or
15-8 reimbursement authorized by law for board membership, attendance,
15-9 or expenses [related to the field of private security].
15-10 [(c) A member or employee of the board may not be an
15-11 officer, employee, or paid consultant of a trade association in the
15-12 private security industry.]
15-13 (d) [A person who is the spouse of an officer, employee, or
15-14 paid consultant of a trade association in or on behalf of a
15-15 profession related to the operation of the board may not be a
15-16 member of the board and may not be an employee, including an
15-17 employee exempt from the state's classification plan, who is
15-18 compensated at or above the amount prescribed by the General
15-19 Appropriations Act for step 1, salary group 17, of the position
15-20 classification salary schedule. A person who is required to
15-21 register as a lobbyist under Chapter 305, Government Code, by
15-22 virtue of the person's activities for compensation in or on behalf
15-23 of a profession related to the operation of the board, may not
15-24 serve as a member of the board or act as the general counsel to the
15-25 board.]
15-26 [(e)] It is a ground for removal from the board that [if] a
15-27 member:
16-1 (1) does not have at the time of taking office
16-2 [appointment] the qualifications required by Subsection (a) [or
16-3 (b)] of this section [for appointment to the board];
16-4 (2) does not maintain during the service on the board
16-5 the qualifications required by Subsection (a) [or (b)] of this
16-6 section [for appointment to the board];
16-7 (3) is ineligible for membership under [violates a
16-8 prohibition established by] Subsection (c) [or (d)] of this section
16-9 or Section 5B of this Act;
16-10 (4) is absent from more than half [does not attend at
16-11 least one-half] of the regularly scheduled board meetings that the
16-12 member is eligible to attend during [held by the board in] a
16-13 calendar year without an excuse approved by a majority vote[,
16-14 excluding meetings held when the person was not a member] of the
16-15 board; or
16-16 (5) cannot, because of illness or disability, [is
16-17 unable to] discharge the member's duties for a substantial part of
16-18 the member's term [for which the member was appointed because of
16-19 illness or disability].
16-20 (e) [(f)] The validity of an action of the board is not
16-21 affected by the fact that it is [was] taken when a ground for
16-22 removal of a board member exists [of the board existed].
16-23 (f) [(g)] If the director has knowledge that a potential
16-24 ground for removal exists, the director shall notify the presiding
16-25 officer [chairman] of the board of the potential ground. The
16-26 presiding officer [chairman of the board] shall then notify the
16-27 governor and the attorney general [Governor] that a potential
17-1 ground for removal exists. If the potential ground for removal
17-2 involves the presiding officer, the director shall notify the next
17-3 highest ranking officer of the board, who shall then notify the
17-4 governor and the attorney general that a potential ground for
17-5 removal exists.
17-6 [(h) For the purposes of this section, "trade association"
17-7 means a nonprofit, cooperative, voluntarily joined association of
17-8 business or professional competitors that is designed to assist its
17-9 members and its industry or profession in dealing with mutual or
17-10 professional problems and in promoting their common interests.]
17-11 SECTION 6. Subchapter B, Private Investigators and Private
17-12 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
17-13 Statutes), is amended by adding Sections 5A, 5B, and 5C to read as
17-14 follows:
17-15 Sec. 5A. EX OFFICIO BOARD MEMBER. (a) The director of the
17-16 Texas Department of Public Safety serves as an ex officio member of
17-17 the board during the director's term of office and has the same
17-18 powers and duties as other board members.
17-19 (b) The director of the Texas Department of Public Safety
17-20 may delegate to a personal representative from the department the
17-21 duty to represent the director on the board.
17-22 Sec. 5B. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this
17-23 section, "Texas trade association" means a cooperative and
17-24 voluntarily joined association of business or professional
17-25 competitors in this state designed to assist its members and its
17-26 industry or profession in dealing with mutual business or
17-27 professional problems and in promoting their common interest.
18-1 (b) A person may not be a board member and may not be an
18-2 agency employee employed in a "bona fide executive, administrative,
18-3 or professional capacity," as that phrase is used for purposes of
18-4 establishing an exemption to the overtime provisions of the federal
18-5 Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
18-6 and its subsequent amendments, if:
18-7 (1) the person is an officer, employee, or paid
18-8 consultant of a Texas trade association in the field of private
18-9 investigation or private security; or
18-10 (2) the person's spouse is an officer, manager, or
18-11 paid consultant of a Texas trade association in the field of
18-12 private investigation or private security.
18-13 (c) A person may not be a board member or act as the general
18-14 counsel to the board or the agency if the person is required to
18-15 register as a lobbyist under Chapter 305, Government Code, because
18-16 of the person's activities for compensation on behalf of a
18-17 profession related to the operation of the agency.
18-18 Sec. 5C. TRAINING REQUIREMENTS. (a) A person who is
18-19 appointed to and qualifies for office as a board member may not
18-20 vote, deliberate, or be counted as a member in attendance at a
18-21 board meeting until the person completes a training program that
18-22 complies with this section.
18-23 (b) The training program must provide the person with
18-24 information regarding:
18-25 (1) this Act;
18-26 (2) the programs operated by the board;
18-27 (3) the role and functions of the board;
19-1 (4) the rules of the board, with an emphasis on the
19-2 rules that relate to disciplinary and investigatory authority;
19-3 (5) the current budget for the board;
19-4 (6) the results of the most recent formal audit of the
19-5 board;
19-6 (7) the requirements of:
19-7 (A) the open meetings law, Chapter 551,
19-8 Government Code;
19-9 (B) the public information law, Chapter 552,
19-10 Government Code;
19-11 (C) the administrative procedure law, Chapter
19-12 2001, Government Code; and
19-13 (D) other laws relating to public officials,
19-14 including conflict-of-interest laws; and
19-15 (8) any applicable ethics policies adopted by the
19-16 board or the Texas Ethics Commission.
19-17 (c) A person appointed to the board is entitled to
19-18 reimbursement, as provided by the General Appropriations Act, for
19-19 the travel expenses incurred in attending the training program
19-20 regardless of whether the attendance at the program occurs before
19-21 or after the person qualifies for office.
19-22 SECTION 7. Section 7, Private Investigators and Private
19-23 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
19-24 Statutes), is amended to read as follows:
19-25 Sec. 7. TERMS OF OFFICE. [(a)] The appointed members of the
19-26 board serve staggered six-year terms, and the terms of three [two]
19-27 appointed members expire on January 31 of each odd-numbered year.
20-1 Each appointed member shall hold office until the member's [his]
20-2 successor is appointed and has qualified.
20-3 [(b) The director of the Department of Public Safety and the
20-4 attorney general, or their representatives, serve on the board
20-5 during their terms of office and shall perform the duties required
20-6 of members of the board by this Act in addition to those duties
20-7 required of them in other official capacities.]
20-8 SECTION 8. Section 10, Private Investigators and Private
20-9 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
20-10 Statutes), is amended by amending Subsections (d) and (e) and
20-11 adding Subsection (f) to read as follows:
20-12 (d) The director or the director's designee shall provide to
20-13 board members and to agency employees, as often as necessary,
20-14 information regarding the requirements for office or employment
20-15 under this Act, including information regarding a person's [The
20-16 board shall inform its members and employees as often as is
20-17 necessary of:]
20-18 [(1) the qualifications for office or employment
20-19 prescribed by this Act; and]
20-20 [(2) their] responsibilities under applicable laws
20-21 relating to standards of conduct for state officers or employees.
20-22 (e) The board shall develop and implement policies that
20-23 clearly separate the policymaking responsibilities of the board and
20-24 the management responsibilities of the director and [adopt policies
20-25 that clearly define the respective responsibilities of the
20-26 governing body of the board and the] staff of the board.
20-27 (f) The board may commission investigators employed
21-1 full-time by the board as peace officers for the limited purpose of
21-2 assisting the board in investigating alleged violations of this Act
21-3 and of board rules.
21-4 SECTION 9. Section 10A, Private Investigators and Private
21-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
21-6 Statutes), is amended to read as follows:
21-7 Sec. 10A. EQUAL EMPLOYMENT OPPORTUNITY; REPORT. (a) The
21-8 director or the director's designee shall prepare and maintain a
21-9 written policy statement that implements [to assure implementation
21-10 of] a program of equal employment opportunity to ensure that [by
21-11 which] all personnel decisions [transactions] are made without
21-12 regard to race, [creed,] color, disability [handicap], age, sex,
21-13 religion, or national origin.
21-14 (b) The policy statement must [shall] include:
21-15 (1) personnel policies, including policies relating to
21-16 recruitment, evaluation, selection, [appointment,] training, and
21-17 promotion of personnel, that show the intent of the board to avoid
21-18 the unlawful employment practices described by Chapter 21, Labor
21-19 Code; and
21-20 (2) an [a comprehensive] analysis of the extent to
21-21 which the composition of the board's personnel is in accordance
21-22 with [work force that meets] federal and state law and a
21-23 description of reasonable methods to achieve compliance with
21-24 federal and state law [guidelines;]
21-25 [(3) procedures by which a determination can be made
21-26 of significant underutilization, in the board's work force, of all
21-27 persons of whom federal or state guidelines encourage a more
22-1 equitable balance; and]
22-2 [(4) reasonable methods to appropriately address areas
22-3 of significant underutilization, in the board's work force, of all
22-4 persons of whom federal or state guidelines encourage a more
22-5 equitable balance].
22-6 (c) [(b)] The policy statement [statements] must:
22-7 (1) be filed with the governor's office;
22-8 (2) be reviewed by the state Commission on Human
22-9 Rights for compliance with Subsection (b)(1) of this section;[,
22-10 cover an annual period,] and
22-11 (3) be updated at least annually. [The governor's
22-12 office shall develop a biennial report to the legislature based on
22-13 the information submitted. The report may be made separately or as
22-14 a part of other biennial reports made to the legislature.]
22-15 SECTION 10. Subchapter B, Private Investigators and Private
22-16 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
22-17 Statutes), is amended by adding Section 10B to read as follows:
22-18 Sec. 10B. RULES AND POLICIES. (a) The board shall adopt
22-19 rules and general policies to guide the agency in the
22-20 administration of this Act.
22-21 (b) The rules and policies adopted by the board must be
22-22 consistent with this Act and other board rules adopted under this
22-23 Act and with any other applicable law, state rule, or federal
22-24 regulation.
22-25 SECTION 11. Sections 11(d) and (e), Private Investigators
22-26 and Private Security Agencies Act (Article 4413(29bb), Vernon's
22-27 Texas Civil Statutes), are amended to read as follows:
23-1 (d) The board shall recognize, prepare, or administer
23-2 continuing education programs for licensees, commissioned security
23-3 officers, and registrants [private investigators] regulated by the
23-4 board under this Act. The board shall set the minimum number of
23-5 hours that must be completed and the types of programs that may be
23-6 offered for licensees, commissioned security officers, and
23-7 registrants [private investigators] regulated by the board. A
23-8 licensee, commissioned security officer, or registrant must
23-9 participate in the programs to the extent required by the board to
23-10 keep the person's license, commission, or registration. A
23-11 licensee, commissioned security officer, or registrant [private
23-12 investigator] regulated by the board shall submit evidence of
23-13 compliance with the board's continuing education requirements in a
23-14 manner prescribed by the board. The continuing education
23-15 requirements of this subsection do not apply to a noncommissioned
23-16 security officer.
23-17 (e) The board shall develop and implement [adopt] policies
23-18 that provide the public with a reasonable opportunity to appear
23-19 before the board and to speak on any issue under the jurisdiction
23-20 of the board.
23-21 SECTION 12. Section 11B, Private Investigators and Private
23-22 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
23-23 Statutes), is amended to read as follows:
23-24 Sec. 11B. REVOCATION, SUSPENSION, AND SUMMARY SUSPENSION.
23-25 (a) Except as provided by Section 11E of this Act, the [The] board
23-26 shall revoke, [or] suspend, or refuse to renew a [any]
23-27 registration, license, or security officer commission, or shall
24-1 reprimand a [any] registrant, licensee, or commissioned security
24-2 officer[, or deny an application for a registration, license, or
24-3 security officer commission, or renewal thereof,] or may place on
24-4 probation a person whose registration, license, or security officer
24-5 commission has been suspended, on proof:
24-6 (1) that the applicant, licensee, commissioned
24-7 security officer, or registrant has:
24-8 (A) violated [any provisions of] this Act or a
24-9 rule of the board adopted [of the rules and regulations
24-10 promulgated] under this Act;
24-11 (B) been convicted of a Class B misdemeanor or
24-12 equivalent offense if the fifth anniversary of the date of the
24-13 conviction has occurred;
24-14 (C) engaged in [(2) that the applicant,
24-15 licensee, commissioned security officer, or registrant has
24-16 committed any act resulting in conviction of a felony;]
24-17 [(3) that the applicant, licensee, commissioned
24-18 security officer, or registrant has committed an act after the date
24-19 of application for a registration, license, or security officer
24-20 commission that results in a conviction of a misdemeanor involving
24-21 moral turpitude;]
24-22 [(4) that the applicant, licensee, commissioned
24-23 security officer, or registrant has practiced] fraud, deceit, or
24-24 misrepresentation; or
24-25 (D) [(5) that the applicant, licensee,
24-26 commissioned security officer, or registrant has] made a material
24-27 misstatement in the application for or renewal of a license,
25-1 registration, or security officer commission; or
25-2 (2) [(6)] that the licensee of the commissioned
25-3 security officer or registrant has submitted to the board
25-4 sufficient evidence that a commissioned security officer or
25-5 registrant:
25-6 (A) [,] while in the employ of the licensee,
25-7 practiced fraud or deceit;[,] or
25-8 (B) committed theft while performing work as a
25-9 commissioned security officer or registrant.
25-10 (b) Subject to Section 11D of this Act, the board may
25-11 summarily suspend a license, registration, or security officer
25-12 commission issued [to an individual] under this Act on receiving
25-13 written notification from the Department of Public Safety of the
25-14 State of Texas or any other law enforcement agency that the
25-15 individual has been arrested for or charged with a Class B
25-16 misdemeanor or equivalent offense [involving moral turpitude] or a
25-17 greater offense [felony].
25-18 (c) Subject to Section 11D of this Act, the board may
25-19 summarily deny an application for a license, registration, or [for
25-20 a] security officer commission of an individual on receiving
25-21 written notification from the Department of Public Safety of the
25-22 State of Texas or any other law enforcement agency that the
25-23 individual has been arrested for or charged with a Class B
25-24 misdemeanor or equivalent offense [involving moral turpitude] or a
25-25 greater offense [felony].
25-26 (d) [In this section, a person is considered to be convicted
25-27 of a misdemeanor involving moral turpitude or a felony if a court
26-1 of competent jurisdiction enters a judgment against the person for
26-2 committing a misdemeanor involving moral turpitude or a felony
26-3 under the laws of this state, another state, or the United States,
26-4 including:]
26-5 [(1) a conviction in which a person was placed on
26-6 probation or community supervision and the person is subsequently
26-7 discharged from probation or community supervision; or]
26-8 [(2) a conviction that is pardoned, unless the pardon
26-9 is granted expressly because of the proof of a person's innocence.]
26-10 [(e)] The dismissal of a complaint, information, or
26-11 indictment or an acquittal releases the individual from any summary
26-12 suspension of a registration or commission or automatic grounds for
26-13 summary denial of an application under this section.
26-14 (e) Except for a summary denial of an application or a
26-15 summary suspension, a person regulated under this Act against whom
26-16 the board has taken action is entitled to a hearing before the
26-17 State Office of Administrative Hearings. A proceeding under this
26-18 subsection is a contested case that is [(f) Proceedings for the
26-19 refusal, suspension, or revocation of a registration, license, or
26-20 security officer commission or for the probation of a person are]
26-21 governed by Chapter 2001, Government Code [(Administrative
26-22 Procedure Act)]. Proceedings for the summary suspension of a
26-23 license, registration, or security officer commission or summary
26-24 denial of an application under this Act are governed by Section 11D
26-25 of this Act.
26-26 (f) The board may place on probation a person whose license
26-27 is suspended. If a license suspension is probated, the board may
27-1 require the person:
27-2 (1) to report regularly to the board on matters that
27-3 are the basis of the probation;
27-4 (2) to limit practice to the areas prescribed by the
27-5 board; or
27-6 (3) to continue or review professional education until
27-7 the person attains a degree of skill satisfactory to the board in
27-8 those areas that are the basis of the probation. [(g) If the
27-9 board is authorized to suspend a license under this Act, the board
27-10 may give the licensee the opportunity to pay a civil penalty rather
27-11 than have the license suspended. The amount of the civil penalty
27-12 may not be more than $200 for each day the license was to have been
27-13 suspended. If the licensee does not pay the penalty before the
27-14 sixth day after the board notifies him of the amount, he loses the
27-15 opportunity to pay it and the board shall impose the suspension.]
27-16 SECTION 13. Subchapter B, Private Investigators and Private
27-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
27-18 Statutes), is amended by adding Section 11E to read as follows:
27-19 Sec. 11E. REVOCATION OR REFUSAL FOR CERTAIN OFFENSES. The
27-20 board shall revoke or refuse to renew a registration, license, or
27-21 security officer commission if the applicant, licensee,
27-22 registrant, or commissioned security officer has been convicted of
27-23 a:
27-24 (1) Class A misdemeanor or equivalent offense or a
27-25 greater offense; or
27-26 (2) Class B misdemeanor or equivalent offense if the
27-27 fifth anniversary of the date of conviction has not occurred.
28-1 SECTION 14. Subchapter B, Private Investigators and Private
28-2 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
28-3 Statutes), is amended by adding Section 11F to read as follows:
28-4 Sec. 11F. CONVICTION OF CERTAIN CRIMES. In this subchapter,
28-5 a person is considered to be convicted of an offense that is a
28-6 Class B misdemeanor or greater offense, or an equivalent offense,
28-7 if a court enters a judgment against the person for committing a
28-8 Class B misdemeanor or greater offense, or an equivalent offense,
28-9 under the laws of this state, another state, or the United States,
28-10 including a conviction:
28-11 (1) in which a person is placed on, and subsequently
28-12 discharged from, community supervision; and
28-13 (2) for which a person is pardoned, unless a full
28-14 pardon has been granted for reasons relating to a wrongful
28-15 conviction.
28-16 SECTION 15. Section 12(b), Private Investigators and Private
28-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
28-18 Statutes), is amended to read as follows:
28-19 (b) The governor shall designate one member of the board as
28-20 presiding officer to serve in that capacity at the will of the
28-21 governor [chairman]. The governor shall designate the presiding
28-22 officer [chairman] without regard to the race, creed, color,
28-23 disability [handicap], age, sex, religion, or national origin of
28-24 the designee. The board, including the representative of the
28-25 director of the Texas Department of Public Safety if [he so
28-26 designates] one is designated, shall elect from among its members
28-27 an assistant presiding officer [a vice-chairman] and a secretary to
29-1 serve two-year terms commencing on September 1 of each odd-numbered
29-2 year. The presiding officer [chairman,] or, in the [his] absence
29-3 of the presiding officer, the assistant presiding officer
29-4 [vice-chairman,] shall preside at all meetings of the board and
29-5 perform the other duties prescribed by [in] this Act.
29-6 SECTION 16. Subchapter B, Private Investigators and Private
29-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
29-8 Statutes), is amended by adding Section 12B to read as follows:
29-9 Sec. 12B. PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY
29-10 ACTIONS. (a) The board shall make available to the public through
29-11 a toll-free telephone number, Internet website, or other easily
29-12 accessible medium determined by the board the following information
29-13 relating to a disciplinary action taken during the preceding three
29-14 years regarding a person regulated by the board:
29-15 (1) the identity of the person;
29-16 (2) the nature of the complaint that was the basis of
29-17 the disciplinary action taken against the person; and
29-18 (3) the disciplinary action taken by the board.
29-19 (b) In providing the information, the board shall present
29-20 the information in an impartial manner, use language that is
29-21 commonly understood, and, if possible, avoid jargon specific to the
29-22 security industry.
29-23 (c) The board shall update the information on a monthly
29-24 basis.
29-25 (d) The board shall maintain the confidentiality of
29-26 information regarding the identification of a complainant.
29-27 SECTION 17. Section 14, Private Investigators and Private
30-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
30-2 Statutes), is amended by amending Subsection (a) and adding
30-3 Subsection (a-1) to read as follows:
30-4 (a) An applicant for a license or the applicant's [his]
30-5 manager must[:]
30-6 [(1)] be at least 18 years of age and must not:[;]
30-7 (1) [(2) not have been convicted in any jurisdiction
30-8 of any felony unless a full pardon has been granted;]
30-9 [(3) not] have been convicted in any jurisdiction of a
30-10 Class A misdemeanor or equivalent offense or a greater offense
30-11 [involving moral turpitude during the seven-year period preceding
30-12 the date of application] unless a full pardon has been granted for
30-13 reasons relating to a wrongful [the] conviction;
30-14 (2) have been convicted in any jurisdiction of a Class
30-15 B misdemeanor or equivalent offense for which the fifth anniversary
30-16 of the date of conviction has not occurred before the date of
30-17 application unless a full pardon has been granted for reasons
30-18 relating to a wrongful conviction;
30-19 (3) [(4) not] have been declared by any court of
30-20 competent jurisdiction incompetent by reason of mental defect or
30-21 disease and has not been restored;
30-22 (4) [(5) not] be suffering from habitual drunkenness
30-23 or from narcotics addiction or dependence; or [and]
30-24 (5) [(6) not] have been discharged from the armed
30-25 services of the United States under other than honorable
30-26 conditions.
30-27 (a-1) The board may deny an application for a license if the
31-1 applicant has been convicted in any jurisdiction of a Class B
31-2 misdemeanor or equivalent offense if the fifth anniversary of the
31-3 date of conviction has occurred before the date of application
31-4 unless a full pardon has been granted for reasons relating to a
31-5 wrongful conviction.
31-6 SECTION 18. Section 15, Private Investigators and Private
31-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
31-8 Statutes), is amended by amending Subsections (a) and (c) and
31-9 adding Subsection (g) to read as follows:
31-10 (a) An application for a license under this Act shall be in
31-11 the form prescribed by the board. The application shall include:
31-12 (1) the full name and business address of the
31-13 applicant;
31-14 (2) the name under which the applicant intends to do
31-15 business;
31-16 (3) a statement as to the general nature of the
31-17 business in which the applicant intends to engage;
31-18 (4) a statement as to the classification under which
31-19 the applicant desires to be qualified;
31-20 (5) the full name and residence address of each of the
31-21 applicant's [its] partners, officers, and directors, and of the
31-22 applicant's [its] manager, if the applicant is an entity other than
31-23 an individual;
31-24 (6) two [one] classifiable sets [set] of fingerprints
31-25 of the applicant, if the applicant is an individual, or of each
31-26 officer and of each partner or shareholder who owns a 25 percent or
31-27 greater interest in the applicant, if the applicant is an entity;
32-1 (7) a verified statement of the applicant's [his]
32-2 experience qualifications in the particular field of classification
32-3 in which the applicant [he] is applying;
32-4 (8) [a letter from the police department and a letter
32-5 from the sheriff's department of the city and county wherein the
32-6 applicant resides concerning the character of the applicant and
32-7 containing any objection or recommendation as to his application;
32-8 and] a report [letter] from the Texas Department of Public Safety
32-9 stating the applicant's [setting forth the] record of any
32-10 convictions for a Class B misdemeanor or equivalent offense or a
32-11 greater offense [of any applicant for a felony or a crime involving
32-12 moral turpitude]; and
32-13 (9) any other information, evidence, statements, or
32-14 documents [as may be] required by the board.
32-15 (c) The board shall [may] require an applicant or the
32-16 applicant's [his] manager to demonstrate qualifications in the
32-17 person's license [his] field of classification, including knowledge
32-18 of applicable state laws and board rules, by taking an examination
32-19 to be determined by the board.
32-20 (g) The board shall develop, and provide to a person who
32-21 applies to take the examination under Subsection (c) of this
32-22 section, material containing all applicable state laws and board
32-23 rules.
32-24 SECTION 19. Subchapter C, Private Investigators and Private
32-25 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
32-26 Statutes), is amended by adding Sections 15A, 15B, 15C, and 15D to
32-27 read as follows:
33-1 Sec. 15A. EXAMINATION RESULTS. (a) Not later than the 30th
33-2 day after the date a person takes a licensing examination under
33-3 this Act, the board shall notify the person of the results of the
33-4 examination.
33-5 (b) If the examination is graded or reviewed by a testing
33-6 service:
33-7 (1) the board shall notify the person of the results
33-8 of the examination not later than the 14th day after the date the
33-9 board receives the results from the testing service; and
33-10 (2) if notice of the examination results will be
33-11 delayed for longer than 90 days after the examination date, the
33-12 board shall notify the person of the reason for the delay before
33-13 the 90th day.
33-14 (c) The board may require a testing service to notify a
33-15 person of the results of the person's examination.
33-16 (d) If requested in writing by a person who fails a
33-17 licensing examination administered under this Act, the board shall
33-18 furnish the person with an analysis of the person's performance on
33-19 the examination.
33-20 Sec. 15B. RECIPROCAL LICENSE FOR CERTAIN FOREIGN APPLICANTS.
33-21 The board may waive any prerequisite to obtaining a license for an
33-22 applicant who holds a license issued by another jurisdiction with
33-23 which this state has a reciprocity agreement. The board may make
33-24 an agreement, subject to the approval of the governor, with another
33-25 state to allow for licensing by reciprocity.
33-26 Sec. 15C. PROVISIONAL LICENSE. (a) The board may issue a
33-27 provisional license to an applicant currently licensed in another
34-1 jurisdiction who seeks an equivalent license in this state and who:
34-2 (1) has been licensed in good standing as an
34-3 investigations company or security services contractor for at least
34-4 two years in another jurisdiction, including a foreign country,
34-5 that has licensing requirements substantially equivalent to the
34-6 requirements of this Act;
34-7 (2) has passed a national or other examination
34-8 recognized by the board relating to the practice of private
34-9 investigations or security services contracting; and
34-10 (3) is sponsored by a person licensed by the board
34-11 under this Act with whom the provisional license holder will
34-12 practice during the time the person holds a provisional license.
34-13 (b) A provisional license is valid until the date the board
34-14 approves or denies the provisional license holder's application for
34-15 a license. The board shall issue a license under this Act to the
34-16 provisional license holder if:
34-17 (1) the provisional license holder is eligible to be
34-18 licensed under Section 15B of this Act; or
34-19 (2) the provisional license holder:
34-20 (A) passes the part of the examination under
34-21 Section 15(c) of this Act that relates to the applicant's knowledge
34-22 and understanding of the laws and rules relating to the practice of
34-23 an investigations company or security services contractor in this
34-24 state;
34-25 (B) is verified by the board as meeting the
34-26 academic and experience requirements for a license under this Act;
34-27 and
35-1 (C) satisfies any other licensing requirements
35-2 under this Act.
35-3 (c) The board must approve or deny a provisional license
35-4 holder's application for a license not later than the 180th day
35-5 after the date the provisional license is issued. The board may
35-6 extend the 180-day period if the results of an examination have not
35-7 been received by the board before the end of that period.
35-8 (d) The board may establish a fee for provisional licenses
35-9 in an amount reasonable and necessary to cover the cost of issuing
35-10 the license.
35-11 Sec. 15D. PROVISIONAL REGISTRATION. (a) The board may
35-12 issue a provisional registration to an applicant currently
35-13 registered in another jurisdiction who seeks an equivalent
35-14 registration in this state and who:
35-15 (1) has been registered in good standing in the field
35-16 in which the registration is sought for at least two years in
35-17 another jurisdiction, including a foreign country, that has
35-18 registration requirements substantially equivalent to the
35-19 requirements of this Act;
35-20 (2) has passed a national or other examination
35-21 recognized by the board relating to practice in the field in which
35-22 the registration is sought; and
35-23 (3) is employed by a person licensed by the board
35-24 under this Act with whom the provisional registration holder will
35-25 practice during the time the person holds a provisional
35-26 registration.
35-27 (b) A provisional registration is valid until the date the
36-1 board approves or denies the provisional registration holder's
36-2 application for a registration. The board shall issue a
36-3 registration under this Act to the provisional registration holder
36-4 if the provisional registration holder is eligible to be registered
36-5 under this Act.
36-6 (c) The board must approve or deny a provisional
36-7 registration holder's application for a registration not later than
36-8 the 180th day after the date the provisional registration is
36-9 issued. The board may extend the 180-day period if the results of
36-10 an examination have not been received by the board before the end
36-11 of that period.
36-12 (d) The board may establish a fee for provisional
36-13 registration in an amount reasonable and necessary to cover the
36-14 cost of issuing the registration.
36-15 SECTION 20. Sections 17(a) and (d), Private Investigators
36-16 and Private Security Agencies Act (Article 4413(29bb), Vernon's
36-17 Texas Civil Statutes), are amended to read as follows:
36-18 (a) If the General Appropriations Act does not specify the
36-19 amount of the fee, the board by rule shall establish reasonable and
36-20 necessary fees that produce funds sufficient for the administration
36-21 of this Act but that do not produce unnecessary fund balances and
36-22 do not exceed the following amounts:
36-23 Class A license $225
36-24 (original and renewal)
36-25 Class B license 225
36-26 (original and renewal)
36-27 Class C license 340
37-1 (original and renewal)
37-2 Reinstate suspended license 150
37-3 Assignment of license 150
37-4 Change name of license 75
37-5 Delinquency fee _____
37-6 Branch office certificate and renewal 150
37-7 Registration fee for private investigators, managers,
37-8 branch office managers, and alarm systems installers 20
37-9 (original and renewal)
37-10 Registration fee for noncommissioned security officer 35
37-11 Renewal fee for noncommissioned security officer 25
37-12 Registration fee for security sales person 20
37-13 Registration fee for alarm systems monitor 20
37-14 Registration fee for dog trainer 20
37-15 Registration fee for owner, officer, partner, or
37-16 shareholder of a licensee 20
37-17 Registration fee for security consultants 55
37-18 Security officer commission fee 35
37-19 (original and renewal)
37-20 School instructor fee 100
37-21 (original and renewal)
37-22 School approval fee 250
37-23 (original and renewal)
37-24 Letter of authority fee for private businesses
37-25 and political subdivisions 225
37-26 (original and renewal)
37-27 FBI fingerprint check 25
38-1 Duplicate pocket card 10
38-2 Employee information update fee 15
38-3 Burglar alarm sellers renewal fee 25
38-4 Personal protection authorization 50
38-5 (d) A Class A, Class B, or Class C license is valid for one
38-6 year from the date of issuance. Registration as a private
38-7 investigator, manager, branch office manager, alarm systems
38-8 installer, security consultant, security sales person, alarm
38-9 systems monitor, or dog trainer is valid for two years from the
38-10 date of registration[, except that an initial registration as an
38-11 alarm systems installer or security sales person is valid for one
38-12 year from the date of registration if the board requires
38-13 registrants to be trained or tested pursuant to Section 32(f) of
38-14 this Act]. Registration as an owner, officer, partner, or
38-15 shareholder of a licensee is valid for two years from the date of
38-16 registration. Registration as a noncommissioned security officer
38-17 is valid for two [four] years from the date of registration. A
38-18 letter of authority, or a school approval or school instructor
38-19 approval letter issued by the board, is valid for one year from the
38-20 date of issuance. Other licenses or registrations issued under
38-21 this Act are valid for the period specified by this Act or by board
38-22 rule.
38-23 SECTION 21. Subchapter C, Private Investigators and Private
38-24 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
38-25 Statutes), is amended by adding Section 17A to read as follows:
38-26 Sec. 17A. PAYMENT OF FEES AND FINES. The board may adopt
38-27 rules regarding the method of payment of a fee or a fine assessed
39-1 under this Act. The rules may authorize the use of electronic
39-2 funds transfer or a valid credit card issued by a financial
39-3 institution chartered by a state or the federal government or by a
39-4 nationally recognized credit organization approved by the board.
39-5 The rules may require the payment of a discount or a reasonable
39-6 service charge for a credit card payment in addition to the fee or
39-7 the fine.
39-8 SECTION 22. Section 18(b), Private Investigators and Private
39-9 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
39-10 Statutes), is amended to read as follows:
39-11 (b) No person shall act as a manager of a licensee until the
39-12 person [he] has complied with each of the following:
39-13 (1) demonstrated the person's [his] qualifications by
39-14 passing the [a] written examination required by Section 15(c) of
39-15 this Act; and
39-16 (2) made a satisfactory showing to the board that the
39-17 person [he] has the qualifications prescribed by Section 14 of this
39-18 Act, and that none of the facts stated in Section 11B(a) or 11E
39-19 [Subsection (a), Section 11B,] of this Act regarding violations or
39-20 convictions exist as to the person [him].
39-21 SECTION 23. Section 19(l), Private Investigators and Private
39-22 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
39-23 Statutes), is amended to read as follows:
39-24 (l) The holder of a security officer commission who
39-25 terminates his employment with one employer may transfer his
39-26 security officer commission to a new employer if, not later than
39-27 the 14th [10th] day after the date on which the holder begins new
40-1 employment, the new employer notifies the board of the transfer of
40-2 employment on a form prescribed by the board, accompanied by the
40-3 employee information update fee.
40-4 SECTION 24. Section 20, Private Investigators and Private
40-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
40-6 Statutes), is amended to read as follows:
40-7 Sec. 20. TRAINING PROGRAMS. (a) The board shall establish
40-8 a basic training course for commissioned security officers. The
40-9 course must include, at a minimum:
40-10 (1) general security officer training issues;
40-11 (2) classroom instruction on handgun proficiency; and
40-12 (3) range instruction on handgun proficiency.
40-13 (b) The course must be offered and taught by schools and
40-14 instructors approved by the board. To receive board approval, a
40-15 school or an instructor must submit an application to the board on
40-16 a form provided by the board.
40-17 (c) [(b)] The basic training course approved by the board
40-18 shall consist of a minimum of 30 hours.
40-19 (d) The general security officer training portion of the
40-20 course must [and shall] include instruction on:
40-21 (1) board rules and applicable state laws [legal
40-22 limitations on the use of firearms and on the powers and authority
40-23 of a security officer];
40-24 (2) [familiarity with this Act;]
40-25 [(3)] field note taking and report writing;
40-26 [(4) range firing and procedure, and firearms safety
40-27 and maintenance;] and
41-1 (3) [(5)] any other topics of security officer
41-2 training curriculum which the board deems necessary.
41-3 (e) [(c)] The board shall develop a commissioned security
41-4 officer training manual that contains applicable state laws and
41-5 board rules to be used in the instructing and training of
41-6 commissioned security officers.
41-7 (f) [(d)] The board shall promulgate all rules necessary to
41-8 administer the provisions of this section concerning the training
41-9 requirements of this Act.
41-10 (g) [(e)] The board may not issue a security officer
41-11 commission to an applicant employed by a licensee unless the
41-12 applicant submits evidence satisfactory to the board that the
41-13 applicant:
41-14 (1) [he] has completed the basic training course at a
41-15 school or under an instructor approved by the board;
41-16 (2) [he] meets all qualifications established by this
41-17 Act and by the rules of the board; and
41-18 (3) [he] has achieved the score required by the board
41-19 on the examination under Section 20B of this Act [satisfied his
41-20 firearm training instructor that he has attained with a handgun a
41-21 minimum average marksmanship competency of 160 out of 300 on an
41-22 "Army L" target or a minimum of 80 out of 150 on an F.B.I.
41-23 Silhouette target (N.R.A. B-27), at 50 feet with 10 shots slow
41-24 fire, 10 shots time fire and 10 shots double-action or complies
41-25 with the standards of marksmanship set by the board;]
41-26 [(4) he has satisfied his firearm training instructor
41-27 that he has complied with the standards of marksmanship set by the
42-1 board for minimum marksmanship competency with a shotgun].
42-2 (h) [(f)] In addition to the requirements of Subsection (g)
42-3 [(e)] of this section, the board by rules and regulations shall
42-4 establish other qualifications for persons who are employed in
42-5 positions requiring the carrying of firearms. These qualifications
42-6 may include physical and mental standards, standards of good moral
42-7 character, and other requirements that relate to the competency and
42-8 reliability of individuals to carry firearms. The board shall
42-9 prescribe appropriate forms and rules and regulations by which
42-10 evidence that the requirements are fulfilled is presented. [The
42-11 board shall require commissioned security officers and applicants
42-12 for security officer commissions to demonstrate proficiency in the
42-13 use of firearms to the satisfaction of a firearm training
42-14 instructor who is employed by a board approved training school.]
42-15 An applicant for a security officer commission must demonstrate
42-16 proficiency not earlier than the 90th day before the date on which
42-17 the security officer commission is to be issued. A commissioned
42-18 security officer must demonstrate proficiency not earlier than the
42-19 90th day before the date on which the commission is to be renewed.
42-20 The records of this proficiency shall be maintained by the school
42-21 and available for inspection by the board.
42-22 (i) [(g)] The board shall prescribe appropriate rules and
42-23 regulations for the maintenance of records relating to persons
42-24 issued security officer commissions by the board.
42-25 (j) The handgun proficiency course must include at least 10
42-26 hours and not more than 15 hours of instruction on:
42-27 (1) the laws that relate to weapons and to the use of
43-1 deadly force;
43-2 (2) handgun use, proficiency, and safety;
43-3 (3) nonviolent dispute resolution; and
43-4 (4) proper storage practices for handguns, with an
43-5 emphasis on storage practices that eliminate the possibility of
43-6 accidental injury to a child.
43-7 (k) The range instruction on handgun proficiency must
43-8 include an actual demonstration by the applicant of the applicant's
43-9 ability to safely and proficiently use a handgun. The applicant
43-10 must demonstrate, at a minimum, the degree of proficiency that is
43-11 required to effectively operate a 9-millimeter or .38-caliber
43-12 handgun.
43-13 (l) The board by rule shall establish minimum standards for
43-14 handgun proficiency that are at least as stringent as the standards
43-15 for handgun proficiency developed by the public safety director
43-16 under Section 411.188, Government Code.
43-17 SECTION 25. Subchapter C, Private Investigators and Private
43-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
43-19 Statutes), is amended by adding Sections 20A and 20B to read as
43-20 follows:
43-21 Sec. 20A. CONTINUING EDUCATION COURSE IN HANDGUN
43-22 PROFICIENCY. The board by rule shall develop a continuing
43-23 education course in handgun proficiency required for renewal of a
43-24 security officer commission. Only a board-approved instructor may
43-25 administer the continuing education course. The course must
43-26 include:
43-27 (1) at least four hours of instruction on one or more
44-1 of the subjects listed in Section 20(j) of this Act; and
44-2 (2) other information that the director determines is
44-3 appropriate.
44-4 Sec. 20B. HANDGUN PROFICIENCY EXAMINATION. (a) Only a
44-5 board-approved instructor may administer the handgun proficiency
44-6 examination required to obtain or to renew a security officer
44-7 commission.
44-8 (b) The proficiency examination must include:
44-9 (1) a written section on the subjects listed in
44-10 Section 20(j) of this Act; and
44-11 (2) a physical demonstration of handgun proficiency
44-12 that meets the minimum standards established under Section 20(k) or
44-13 (l) of this Act.
44-14 SECTION 26. Section 36, Private Investigators and Private
44-15 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
44-16 Statutes), is amended to read as follows:
44-17 Sec. 36. POCKET CARD[: RENEWAL]. [(a)] A pocket card
44-18 issued to [a noncommissioned security officer shall be issued to
44-19 the individual employee and is valid for four years. A pocket card
44-20 issued to] any [other] individual registered under Section 32 of
44-21 this Act [shall be issued to the individual's employer and] is
44-22 valid for two years. The pocket card must state the name of the
44-23 individual who is registered. A pocket card for an owner, officer,
44-24 partner, or shareholder of a license holder shall be issued to the
44-25 license holder.
44-26 [(b) On notification from the board the month before
44-27 expiration of the registrant's pocket card, each registrant shall
45-1 file for renewal of registration on a form designed by the board.]
45-2 SECTION 27. Subchapter C, Private Investigators and Private
45-3 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
45-4 Statutes), is amended by adding Section 36A to read as follows:
45-5 Sec. 36A. REGISTRATION RENEWAL. (a) A person who is
45-6 otherwise eligible to renew a registration may renew an unexpired
45-7 registration by paying the required renewal fee to the board before
45-8 the expiration date of the registration. A person whose
45-9 registration has expired may not engage in activities that require
45-10 a registration until the registration has been renewed.
45-11 (b) A person whose registration has been expired for 90 days
45-12 or less may renew the registration by paying to the board a renewal
45-13 fee that is equal to 1-1/2 times the normally required renewal fee.
45-14 (c) A person whose registration has been expired for more
45-15 than 90 days but less than one year may renew the registration by
45-16 paying to the board a renewal fee that is equal to two times the
45-17 normally required renewal fee.
45-18 (d) A person whose registration has been expired for one
45-19 year or more may not renew the registration. The person may obtain
45-20 a new registration by complying with the requirements and
45-21 procedures, including any examination required by the board, for
45-22 obtaining an original registration.
45-23 (e) A person who was registered in this state, moved to
45-24 another state, and is currently registered and has been in practice
45-25 in the other state for the two years preceding the date of
45-26 application may obtain a new registration without reexamination.
45-27 The person must pay to the board a fee that is equal to two times
46-1 the normally required renewal fee for the registration.
46-2 (f) Not later than the 30th day before the date a person's
46-3 registration is scheduled to expire, the board shall send written
46-4 notice of the impending expiration to the person at the person's
46-5 last known address according to the records of the board.
46-6 SECTION 28. Section 37, Private Investigators and Private
46-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
46-8 Statutes), is amended to read as follows:
46-9 Sec. 37. POCKET CARD[: RETURN AND] TRANSFER. [(a) When an
46-10 individual to whom a pocket card has been issued under Section 34
46-11 of this Act terminates his position as a private investigator,
46-12 manager, branch office manager, alarm systems installer, private
46-13 security consultant, security sales person, alarm systems monitor,
46-14 or dog trainer, or as an owner, officer, partner, or shareholder of
46-15 a licensee, the individual shall return his pocket card to the
46-16 licensee on termination of his employment.]
46-17 [(b) An individual who terminates his position as a
46-18 noncommissioned security officer may retain the pocket card for use
46-19 in future employment as provided by Subsection (c) of this section.]
46-20 [(c)] An individual who is registered with the board [as a
46-21 noncommissioned security officer] may transfer the registration
46-22 from one employer to another employer if, not later than the 14th
46-23 [10th] day after the date on which the registrant begins new
46-24 employment, the new employer notifies the board of the transfer of
46-25 employment on a form prescribed by the board accompanied by the
46-26 employee information update fee.
46-27 SECTION 29. Subchapter C, Private Investigators and Private
47-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
47-2 Statutes), is amended by adding Section 39A to read as follows:
47-3 Sec. 39A. CRIMINAL HISTORY CHECK. (a) The board shall
47-4 conduct a criminal history check, including a check of any criminal
47-5 history record information maintained by the Federal Bureau of
47-6 Investigation, in the manner provided by Subchapter F, Chapter 411,
47-7 Government Code, on each applicant for a license, registration,
47-8 security officer commission, letter of approval, permit, or
47-9 certification. An applicant is not eligible for a license,
47-10 registration, commission, letter of approval, permit, or
47-11 certification if the check reveals that the applicant has committed
47-12 an act that constitutes grounds for the denial of the license,
47-13 registration, commission, letter of approval, permit, or
47-14 certification. Each applicant shall include in the application two
47-15 complete sets of fingerprints on forms prescribed by the board
47-16 accompanied by the fee set by the board.
47-17 (b) Before beginning employment as a commissioned security
47-18 officer, the applicant must be approved by the board based on the
47-19 results of the check conducted under Subsection (a) of this
47-20 section. To continue employment in a capacity regulated under this
47-21 Act other than as a commissioned security officer, the applicant
47-22 must be approved by the board based on the results of the check
47-23 conducted under Subsection (a) of this section not later than the
47-24 120th day after the date the applicant begins employment in that
47-25 capacity.
47-26 (c) A license, registration, security officer commission,
47-27 letter of approval, permit, or certification issued by the board is
48-1 conditional on the board's receipt of criminal history record
48-2 information.
48-3 SECTION 30. Section 44, Private Investigators and Private
48-4 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
48-5 Statutes), is amended by adding Subsections (h) and (i) to read as
48-6 follows:
48-7 (h) A person commits an offense if the person contracts with
48-8 or is employed by a bondsman as defined by Chapter 550, Acts of the
48-9 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
48-10 Texas Civil Statutes), to secure the appearance of a person who has
48-11 violated Section 38.10, Penal Code, unless the person is:
48-12 (1) a peace officer;
48-13 (2) an individual licensed as a private investigator
48-14 or the manager of a licensed investigations company; or
48-15 (3) a commissioned security officer employed by a
48-16 licensed guard company.
48-17 (i) An offense under Subsection (h) of this section is a
48-18 state jail felony.
48-19 SECTION 31. Subchapter D, Private Investigators and Private
48-20 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
48-21 Statutes), is amended by adding Section 45A to read as follows:
48-22 Sec. 45A. LICENSE RENEWAL. (a) A person who is otherwise
48-23 eligible to renew a license may renew an unexpired license by
48-24 paying the required renewal fee to the board before the expiration
48-25 date of the license. A person whose license has expired may not
48-26 engage in activities that require a license until the license has
48-27 been renewed.
49-1 (b) A person whose license has been expired for 90 days or
49-2 less may renew the license by paying to the board a renewal fee
49-3 that is equal to 1-1/2 times the normally required renewal fee.
49-4 (c) A person whose license has been expired for more than 90
49-5 days but less than one year may renew the license by paying to the
49-6 board a renewal fee that is equal to two times the normally
49-7 required renewal fee.
49-8 (d) A person whose license has been expired for one year or
49-9 more may not renew the license. The person may obtain a new
49-10 license by complying with the requirements and procedures,
49-11 including the examination requirements, for obtaining an original
49-12 license.
49-13 (e) A person who was licensed in this state, moved to
49-14 another state, and is currently licensed and has been in practice
49-15 in the other state for the two years preceding the date of
49-16 application may obtain a new license without reexamination. The
49-17 person must pay to the board a fee that is equal to two times the
49-18 normally required renewal fee for the license.
49-19 (f) Not later than the 30th day before the date a person's
49-20 license is scheduled to expire, the board shall send written notice
49-21 of the impending expiration to the person at the person's last
49-22 known address according to the records of the board.
49-23 SECTION 32. Subchapter D, Private Investigators and Private
49-24 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
49-25 Statutes), is amended by adding Section 46A to read as follows:
49-26 Sec. 46A. STAGGERED RENEWAL; PRORATION OF LICENSE FEE. The
49-27 board by rule may adopt a system under which licenses expire on
50-1 various dates during the year. For the year in which the license
50-2 expiration date is changed, the board shall prorate license fees on
50-3 a monthly basis so that each license holder pays only that portion
50-4 of the license fee that is allocable to the number of months during
50-5 which the license is valid. On renewal of the license on the new
50-6 expiration date, the total license renewal fee is payable.
50-7 SECTION 33. Section 49, Private Investigators and Private
50-8 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
50-9 Statutes), is amended to read as follows:
50-10 Sec. 49. NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES
50-11 [FELONY OR CRIME INVOLVING MORAL TURPITUDE]. The Texas Department
50-12 of Public Safety shall notify the board, and the police department
50-13 and the sheriff's department of the city and county in which
50-14 [wherein] any person licensed, commissioned, or registered under
50-15 this Act resides, of the conviction of such person for a Class B
50-16 misdemeanor or equivalent offense or a greater offense [felony or a
50-17 crime involving moral turpitude].
50-18 SECTION 34. Section 50A, Private Investigators and Private
50-19 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
50-20 Statutes), is amended to read as follows:
50-21 Sec. 50A. COMPLAINTS. (a) The board shall maintain a file
50-22 on each written complaint filed with the board. The file must
50-23 include:
50-24 (1) the name of the person who filed the complaint;
50-25 (2) the date the complaint is received by the board;
50-26 (3) the subject matter of the complaint;
50-27 (4) the name of each person contacted in relation to
51-1 the complaint;
51-2 (5) a summary of the results of the review or
51-3 investigation of the complaint; and
51-4 (6) an explanation of the reason the file was closed,
51-5 if the agency closed the file without taking action other than to
51-6 investigate the complaint [keep an information file about each
51-7 complaint filed with the board relating to a person regulated by
51-8 the board].
51-9 (b) The board shall provide to the person filing the
51-10 complaint a copy of the board's policies and procedures relating to
51-11 complaint investigation and resolution.
51-12 (c) Unless it would jeopardize an undercover investigation,
51-13 the board shall provide to each person who is a subject of the
51-14 complaint a copy of the board's policies and procedures relating to
51-15 complaint investigation and resolution.
51-16 (d) The board, at least quarterly until final disposition of
51-17 the complaint, shall notify the person filing the complaint and
51-18 each person who is a subject of the complaint of the status of the
51-19 investigation unless the notice [If a written complaint is filed
51-20 with the board relating to a person regulated by the board, the
51-21 board, at least as frequently as quarterly, shall notify the
51-22 parties to the complaint of the status of the complaint until final
51-23 disposition unless the notification] would jeopardize an undercover
51-24 investigation.
51-25 SECTION 35. The Private Investigators and Private Security
51-26 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
51-27 amended by adding Subchapter E to read as follows:
52-1 SUBCHAPTER E. ADMINISTRATIVE PENALTY
52-2 Sec. 61. IMPOSITION OF PENALTY. In addition to any other
52-3 disciplinary action taken by the board, the board may impose an
52-4 administrative penalty on a person licensed, commissioned, or
52-5 registered under this Act who violates this Act or a rule or order
52-6 adopted under this Act.
52-7 Sec. 62. AMOUNT OF PENALTY. (a) Each day a violation
52-8 continues or occurs is a separate violation for purposes of
52-9 imposing a penalty. The amount of each separate violation may not
52-10 exceed $200.
52-11 (b) The amount of a violation shall be based on:
52-12 (1) the seriousness of the violation, including the
52-13 nature, circumstances, extent, and gravity of the violation;
52-14 (2) the economic harm to property or the public caused
52-15 by the violation;
52-16 (3) the history of previous violations;
52-17 (4) the amount necessary to deter a future violation;
52-18 (5) efforts to correct the violation; and
52-19 (6) any other matter that justice may require.
52-20 Sec. 63. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)
52-21 If the director determines that a violation occurred, the director
52-22 may issue to the board a report stating:
52-23 (1) the facts on which the determination is based; and
52-24 (2) the director's recommendation on the imposition of
52-25 the penalty, including a recommendation on the amount of the
52-26 penalty.
52-27 (b) Not later than the 14th day after the date the report is
53-1 issued, the director shall give written notice of the report to the
53-2 person.
53-3 (c) The notice must:
53-4 (1) include a brief summary of the alleged violation;
53-5 (2) state the amount of the recommended penalty; and
53-6 (3) inform the person of the person's right to a
53-7 hearing on the occurrence of the violation, the amount of the
53-8 penalty, or both.
53-9 Sec. 64. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not
53-10 later than the 20th day after the date the person receives the
53-11 notice, the person in writing may:
53-12 (1) accept the determination and recommended penalty
53-13 of the director; or
53-14 (2) make a request for a hearing on the occurrence of
53-15 the violation, the amount of the penalty, or both.
53-16 (b) If the person accepts the determination and recommended
53-17 penalty of the director, the board by order shall approve the
53-18 determination and impose the recommended penalty.
53-19 Sec. 65. HEARING. (a) If the person requests a hearing or
53-20 fails to respond in a timely manner to the notice, the director
53-21 shall set a hearing and give written notice of the hearing to the
53-22 person. An administrative law judge of the State Office of
53-23 Administrative Hearings shall hold the hearing.
53-24 (b) The administrative law judge shall make findings of fact
53-25 and conclusions of law and promptly issue to the board a proposal
53-26 for a decision about the occurrence of the violation and the amount
53-27 of a proposed penalty.
54-1 Sec. 66. DECISION BY BOARD. (a) Based on the findings of
54-2 fact, conclusions of law, and proposal for a decision, the board by
54-3 order may:
54-4 (1) find that a violation occurred and impose a
54-5 penalty; or
54-6 (2) find that a violation did not occur.
54-7 (b) The notice of the board's order given to the person must
54-8 include a statement of the right of the person to judicial review
54-9 of the order.
54-10 Sec. 67. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. Not
54-11 later than the 30th day after the date the board's order becomes
54-12 final, the person shall:
54-13 (1) pay the penalty; or
54-14 (2) file a petition for judicial review contesting the
54-15 occurrence of the violation, the amount of the penalty, or both.
54-16 Sec. 68. STAY OF ENFORCEMENT OF PENALTY. (a) Within the
54-17 30-day period prescribed by Section 67 of this Act, a person who
54-18 files a petition for judicial review may:
54-19 (1) stay enforcement of the penalty by:
54-20 (A) paying the penalty to the court for
54-21 placement in an escrow account; or
54-22 (B) giving the court a supersedeas bond approved
54-23 by the court that:
54-24 (i) is for the amount of the penalty; and
54-25 (ii) is effective until all judicial
54-26 review of the board's order is final; or
54-27 (2) request the court to stay enforcement of the
55-1 penalty by:
55-2 (A) filing with the court a sworn affidavit of
55-3 the person stating that the person is financially unable to pay the
55-4 penalty and is financially unable to give the supersedeas bond; and
55-5 (B) giving a copy of the affidavit to the
55-6 director by certified mail.
55-7 (b) If the director receives a copy of an affidavit under
55-8 Subsection (a)(2) of this section, the director may file with the
55-9 court, not later than the fifth day after the date the copy is
55-10 received, a contest to the affidavit. The court shall hold a
55-11 hearing on the facts alleged in the affidavit as soon as
55-12 practicable and shall stay the enforcement of the penalty on
55-13 finding that the alleged facts are true. The person who files an
55-14 affidavit has the burden of proving that the person is financially
55-15 unable to pay the penalty and to give a supersedeas bond.
55-16 Sec. 69. COLLECTION OF PENALTY. (a) If the person does not
55-17 pay the penalty and the enforcement of the penalty is not stayed,
55-18 the penalty may be collected.
55-19 (b) The attorney general may sue to collect the penalty.
55-20 Sec. 70. DECISION BY COURT. (a) If the court sustains the
55-21 finding that a violation occurred, the court may uphold or reduce
55-22 the amount of the penalty and order the person to pay the full or
55-23 reduced amount of the penalty.
55-24 (b) If the court does not sustain the finding that a
55-25 violation occurred, the court shall order that a penalty is not
55-26 owed.
55-27 Sec. 71. REMITTANCE OF PENALTY AND INTEREST. (a) If the
56-1 person paid the penalty and if the amount of the penalty is reduced
56-2 or the penalty is not upheld by the court, the court shall order,
56-3 when the court's judgment becomes final, that the appropriate
56-4 amount plus accrued interest be remitted to the person.
56-5 (b) The interest accrues at the rate charged on loans to
56-6 depository institutions by the New York Federal Reserve Bank.
56-7 (c) The interest shall be paid for the period beginning on
56-8 the date the penalty is paid and ending on the date the penalty is
56-9 remitted.
56-10 Sec. 72. RELEASE OF BOND. (a) If the person gave a
56-11 supersedeas bond and the penalty is not upheld by the court, the
56-12 court shall order, when the court's judgment becomes final, the
56-13 release of the bond.
56-14 (b) If the person gave a supersedeas bond and the amount of
56-15 the penalty is reduced, the court shall order the release of the
56-16 bond after the person pays the reduced amount.
56-17 Sec. 73. ADMINISTRATIVE PROCEDURE. A proceeding to impose
56-18 the penalty is considered to be a contested case under Chapter
56-19 2001, Government Code.
56-20 SECTION 36. Article 2.12, Code of Criminal Procedure, is
56-21 amended to read as follows:
56-22 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
56-23 officers:
56-24 (1) sheriffs and their deputies;
56-25 (2) constables and deputy constables;
56-26 (3) marshals or police officers of an incorporated
56-27 city, town, or village;
57-1 (4) rangers and officers commissioned by the Public
57-2 Safety Commission and the Director of the Department of Public
57-3 Safety;
57-4 (5) investigators of the district attorneys', criminal
57-5 district attorneys', and county attorneys' offices;
57-6 (6) law enforcement agents of the Texas Alcoholic
57-7 Beverage Commission;
57-8 (7) each member of an arson investigating unit
57-9 commissioned by a city, a county, or the state;
57-10 (8) officers commissioned under Section 37.081,
57-11 Education Code, or Subchapter E, Chapter 51, Education Code;
57-12 (9) officers commissioned by the General Services
57-13 Commission;
57-14 (10) law enforcement officers commissioned by the
57-15 Parks and Wildlife Commission;
57-16 (11) airport police officers commissioned by a city
57-17 with a population of more than one million, according to the most
57-18 recent federal census, that operates an airport that serves
57-19 commercial air carriers;
57-20 (12) airport security personnel commissioned as peace
57-21 officers by the governing body of any political subdivision of this
57-22 state, other than a city described by Subdivision (11), that
57-23 operates an airport that serves commercial air carriers;
57-24 (13) municipal park and recreational patrolmen and
57-25 security officers;
57-26 (14) security officers commissioned as peace officers
57-27 by the comptroller;
58-1 (15) officers commissioned by a water control and
58-2 improvement district under Section 49.216, Water Code;
58-3 (16) officers commissioned by a board of trustees
58-4 under Chapter 341, Acts of the 57th Legislature, Regular Session,
58-5 1961 (Article 1187f, Vernon's Texas Civil Statutes);
58-6 (17) investigators commissioned by the Texas State
58-7 Board of Medical Examiners;
58-8 (18) officers commissioned by the board of managers of
58-9 the Dallas County Hospital District, the Tarrant County Hospital
58-10 District, or the Bexar County Hospital District under Section
58-11 281.057, Health and Safety Code;
58-12 (19) county park rangers commissioned under Subchapter
58-13 E, Chapter 351, Local Government Code;
58-14 (20) investigators employed by the Texas Racing
58-15 Commission;
58-16 (21) officers commissioned by the State Board of
58-17 Pharmacy;
58-18 (22) officers commissioned by the governing body of a
58-19 metropolitan rapid transit authority under Section 451.108,
58-20 Transportation Code, or by a regional transportation authority
58-21 under Section 452.110, Transportation Code;
58-22 (23) investigators commissioned by the attorney
58-23 general under Section 402.009, Government Code;
58-24 (24) security officers and investigators commissioned
58-25 as peace officers under Chapter 466, Government Code;
58-26 (25) an officer employed by the Texas Department of
58-27 Health under Section 431.2471, Health and Safety Code;
59-1 (26) officers appointed by an appellate court under
59-2 Subchapter F, Chapter 53, Government Code;
59-3 (27) officers commissioned by the state fire marshal
59-4 under Chapter 417, Government Code;
59-5 (28) an investigator commissioned by the commissioner
59-6 of insurance under Article 1.10D, Insurance Code; [and]
59-7 (29) apprehension specialists commissioned by the
59-8 Texas Youth Commission as officers under Section 61.0931, Human
59-9 Resources Code; and
59-10 (30) board investigators commissioned by the Texas
59-11 Board of Private Investigators and Private Security Agencies under
59-12 Section 10(f), Private Investigators and Private Security Agencies
59-13 Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
59-14 SECTION 37. Section 411.042(b), Government Code, is amended
59-15 to read as follows:
59-16 (b) The bureau of identification and records shall:
59-17 (1) procure and file for record photographs, pictures,
59-18 descriptions, fingerprints, measurements, and other pertinent
59-19 information of all persons arrested for or charged with a criminal
59-20 offense or convicted of a criminal offense, regardless of whether
59-21 the conviction is probated;
59-22 (2) collect information concerning the number and
59-23 nature of offenses reported or known to have been committed in the
59-24 state and the legal steps taken in connection with the offenses,
59-25 and other information useful in the study of crime and the
59-26 administration of justice, including a statistical breakdown of
59-27 those offenses in which family violence was involved;
60-1 (3) make ballistic tests of bullets and firearms and
60-2 chemical analyses of bloodstains, cloth, materials, and other
60-3 substances for law enforcement officers of the state;
60-4 (4) cooperate with identification and crime records
60-5 bureaus in other states and the United States Department of
60-6 Justice; [and]
60-7 (5) maintain a list of all previous background checks
60-8 for applicants for any position regulated under the Private
60-9 Investigators and Private Security Agencies Act (Article
60-10 4413(29bb), Vernon's Texas Civil Statutes) who have undergone a
60-11 criminal history background check under Section 411.119, if the
60-12 check indicates a Class B misdemeanor or equivalent offense or a
60-13 greater offense; and
60-14 (6) collect information concerning the number and
60-15 nature of protective orders and all other pertinent information
60-16 about all persons on active protective orders. Information in the
60-17 law enforcement information system relating to an active protective
60-18 order shall include:
60-19 (A) the name, sex, race, date of birth, personal
60-20 descriptors, address, and county of residence of the person to whom
60-21 the order is directed;
60-22 (B) any known identifying number of the person
60-23 to whom the order is directed, including the person's social
60-24 security number or driver's license number;
60-25 (C) the name and county of residence of the
60-26 person protected by the order;
60-27 (D) the residence address and place of
61-1 employment or business of the person protected by the order, unless
61-2 that information is excluded from the order under Section 85.007
61-3 [71.111], Family Code;
61-4 (E) the child-care facility or school where a
61-5 child protected by the order normally resides or which the child
61-6 normally attends, unless that information is excluded from the
61-7 order under Section 85.007 [71.111], Family Code;
61-8 (F) the relationship or former relationship
61-9 between the person who is protected by the order and the person to
61-10 whom the order is directed; and
61-11 (G) the date the order expires.
61-12 SECTION 38. Section 411.119, Government Code, is amended to
61-13 read as follows:
61-14 Sec. 411.119. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
61-15 TEXAS BOARD OF PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES.
61-16 The Texas Board of Private Investigators and Private Security
61-17 Agencies is entitled to obtain from the department criminal history
61-18 record information maintained by the department, including
61-19 information maintained under Section 411.042(b)(5), that relates to
61-20 [a person who is]:
61-21 (1) an applicant for a license, registration, [or]
61-22 security officer commission, letter of approval, permit, or handgun
61-23 instructor certification under the Private Investigators and
61-24 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
61-25 Civil Statutes); or
61-26 (2) a person who holds a license, registration,
61-27 security officer commission, letter of approval, permit, or handgun
62-1 instructor certification under the Private Investigators and
62-2 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
62-3 Civil Statutes) [an applicant for a position regulated under that
62-4 Act].
62-5 SECTION 39. (a) The Private Security Commission, formerly
62-6 named the Texas Board of Private Investigators and Private Security
62-7 Agencies, is a criminal justice agency for the sole purpose of
62-8 directly obtaining criminal history records maintained by the
62-9 Federal Bureau of Investigation.
62-10 (b) As soon as practicable after the effective date of this
62-11 Act, the director of the Private Security Commission shall request
62-12 from the appropriate official at the United States Department of
62-13 Justice a determination letter as to whether the Private Security
62-14 Commission is recognized as a criminal justice agency for the sole
62-15 purpose of directly obtaining criminal history records maintained
62-16 by the Federal Bureau of Investigation.
62-17 (c) On receipt of the letter requested under Subsection (b)
62-18 of this section, the director of the Private Security Commission
62-19 shall give the letter to the secretary of state for publication in
62-20 the Texas Register.
62-21 (d) Notwithstanding Section 39A, Private Investigators and
62-22 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
62-23 Civil Statutes), as added by this Act, if the letter requested
62-24 under Subsection (b) of this section grants recognition as a
62-25 criminal justice agency for the purpose of directly obtaining
62-26 criminal history records maintained by the Federal Bureau of
62-27 Investigation, the Private Security Commission shall directly
63-1 request from the Federal Bureau of Investigation criminal history
63-2 records maintained by the Federal Bureau of Investigation rather
63-3 than making requests through the Department of Public Safety as
63-4 authorized by Section 411.087, Government Code.
63-5 (e) If the letter requested under Subsection (b) of this
63-6 section does not grant recognition as a criminal justice agency for
63-7 the purpose of directly obtaining criminal history records
63-8 maintained by the Federal Bureau of Investigation, this section has
63-9 no effect.
63-10 SECTION 40. (a) For the purpose of compliance with Section
63-11 5(a), Private Investigators and Private Security Agencies Act
63-12 (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended by
63-13 this Act, the governor shall appoint three additional members to
63-14 the Private Security Commission in accordance with this section.
63-15 (b) The governor shall appoint two public members and one
63-16 person who is qualified under Section 5(a)(5), Private
63-17 Investigators and Private Security Agencies Act (Article
63-18 4413(29bb), Vernon's Texas Civil Statutes), as added by this Act.
63-19 The governor shall appoint the person who is qualified under
63-20 Section 5(a)(5), Private Investigators and Private Security
63-21 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes),
63-22 as added by this Act, to a term expiring January 31, 2001. The
63-23 governor shall appoint one public member to a term expiring January
63-24 31, 2003, and one public member to a term expiring January 31,
63-25 2005.
63-26 SECTION 41. (a) For the purpose of compliance with Section
63-27 5(a), Private Investigators and Private Security Agencies Act
64-1 (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended by
64-2 this Act, the governor shall appoint members to the Private
64-3 Security Commission, to fill a vacancy or as terms expire, in
64-4 accordance with this section.
64-5 (b) In appointing members to the two positions that, before
64-6 the effective date of this Act, were held by members who were
64-7 private investigators or security service contractors, the governor
64-8 shall appoint one member who is a licensed private investigator and
64-9 one member who is a licensed alarm systems company.
64-10 SECTION 42. The changes in law made by this Act to Section
64-11 5(a), Private Investigators and Private Security Agencies Act
64-12 (Article 4413(29bb), Vernon's Texas Civil Statutes), do not affect
64-13 the entitlement of an appointed member of the Texas Board of
64-14 Private Investigators and Private Security Agencies serving on the
64-15 board immediately before the effective date of this Act to continue
64-16 to serve on the Private Security Commission for the remainder of
64-17 the member's term or to serve in a holdover capacity until a
64-18 successor is appointed and takes office. This Act does not
64-19 prohibit a board member from being reappointed to the commission if
64-20 the person has the qualifications required by the Private
64-21 Investigators and Private Security Agencies Act (Article
64-22 4413(29bb), Vernon's Texas Civil Statutes), as amended by this Act.
64-23 SECTION 43. (a) On and after January 1, 2000, the State
64-24 Office of Administrative Hearings shall assume responsibility for
64-25 hearings, other than on any summary suspension or summary denial of
64-26 applications, held with respect to contested cases arising under
64-27 the Private Investigators and Private Security Agencies Act
65-1 (Article 4413(29bb), Vernon's Texas Civil Statutes), and the chief
65-2 administrative law judge of the State Office of Administrative
65-3 Hearings may agree to a transfer of contested cases pending before
65-4 the Private Security Commission to the State Office of
65-5 Administrative Hearings before January 1, 2000.
65-6 (b) This Act does not require a transfer of any personnel
65-7 from the Private Security Commission to the State Office of
65-8 Administrative Hearings.
65-9 SECTION 44. Section 11B, Private Investigators and Private
65-10 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
65-11 Statutes), as amended by this Act, and Section 11E, as added by
65-12 this Act, apply only to a disciplinary action that is initiated on
65-13 or after the effective date of this Act. A disciplinary action
65-14 that is initiated before the effective date of this Act is governed
65-15 by the law in effect on the date the disciplinary action is
65-16 initiated, and that law is continued in effect for that purpose.
65-17 SECTION 45. Section 14(a), Private Investigators and Private
65-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
65-19 Statutes), as amended by this Act, and Section 14(a-1), Private
65-20 Investigators and Private Security Agencies Act (Article
65-21 4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
65-22 apply only to a license application filed on or after the effective
65-23 date of this Act. A license application that is filed before the
65-24 effective date of this Act is governed by the law in effect on the
65-25 date the license application is filed, and that law is continued in
65-26 effect for that purpose.
65-27 SECTION 46. Section 17, Private Investigators and Private
66-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
66-2 Statutes), as amended by this Act, applies only to a
66-3 noncommissioned security officer registration that expires on or
66-4 after the effective date of this Act. A noncommissioned security
66-5 officer registration that expires before the effective date of this
66-6 Act is governed by the law in effect on the date the registration
66-7 expires, and that law is continued in effect for that purpose.
66-8 SECTION 47. Section 20, Private Investigators and Private
66-9 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
66-10 Statutes), as amended by this Act, applies only to an application
66-11 for a security officer commission filed on or after the effective
66-12 date of this Act. An application for a security officer commission
66-13 that is filed before the effective date of this Act is governed by
66-14 the law in effect on the date the application is filed, and that
66-15 law is continued in effect for that purpose.
66-16 SECTION 48. Section 36, Private Investigators and Private
66-17 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
66-18 Statutes), as amended by this Act, applies only to a pocket card
66-19 issued on or after the effective date of this Act. A pocket card
66-20 issued before the effective date of this Act is governed by the law
66-21 in effect on the date the pocket card is issued, and that law is
66-22 continued in effect for that purpose.
66-23 SECTION 49. Sections 36A and 45A, Private Investigators and
66-24 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
66-25 Civil Statutes), as added by this Act, apply only to the renewal of
66-26 a license or registration that expires on or after the effective
66-27 date of this Act. The renewal of a license or registration that
67-1 expires before the effective date of this Act is governed by the
67-2 law in effect immediately before the effective date of this Act,
67-3 and that law is continued in effect for that purpose.
67-4 SECTION 50. Section 39A, Private Investigators and Private
67-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
67-6 Statutes), as added by this Act, applies only to a request for a
67-7 criminal history record for an application filed on or after the
67-8 effective date of this Act. A request for a criminal history
67-9 record for an application filed before the effective date of this
67-10 Act is governed by the law in effect on the date the application is
67-11 filed, and that law is continued in effect for that purpose.
67-12 SECTION 51. (a) Sections 44(h) and (i), Private
67-13 Investigators and Private Security Agencies Act (Article
67-14 4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
67-15 apply only to an offense committed on or after the effective date
67-16 of this Act. For purposes of this section, an offense is committed
67-17 before the effective date of this Act if any element of the offense
67-18 occurs before that date.
67-19 (b) An offense committed before the effective date of this
67-20 Act is covered by the law in effect when the offense was committed,
67-21 and the former law is continued in effect for that purpose.
67-22 SECTION 52. Subchapter E, Private Investigators and Private
67-23 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
67-24 Statutes), as added by this Act, applies only to a violation of
67-25 this Act or a rule or order adopted under this Act if that
67-26 violation occurs on or after the effective date of this Act. A
67-27 violation that occurs before the effective date of this Act is
68-1 governed by the law in effect on the date the violation occurred,
68-2 and that law is continued in effect for that purpose.
68-3 SECTION 53. The following provisions of the Private
68-4 Investigators and Private Security Agencies Act (Article
68-5 4413(29bb), Vernon's Texas Civil Statutes), are repealed:
68-6 (1) Section 9;
68-7 (2) Sections 15(e) and (f);
68-8 (3) Sections 19(g), (h), and (j);
68-9 (4) Sections 33(c) and (d);
68-10 (5) Section 38;
68-11 (6) Section 39;
68-12 (7) Section 41;
68-13 (8) Section 43;
68-14 (9) Sections 45(c)-(i); and
68-15 (10) Section 46.
68-16 SECTION 54. This Act takes effect September 1, 1999.
68-17 SECTION 55. The importance of this legislation and the
68-18 crowded condition of the calendars in both houses create an
68-19 emergency and an imperative public necessity that the
68-20 constitutional rule requiring bills to be read on three several
68-21 days in each house be suspended, and this rule is hereby suspended.