By Bosse                                              H.B. No. 2617
         76R844 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the continuation and functions of the Texas Board of
 1-3     Private Investigators and Private Security Agencies; providing a
 1-4     penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 2(4), Private Investigators and Private
 1-7     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 1-8     Statutes), is amended to read as follows:
 1-9                 (4)  "Guard company" means any person employing an
1-10     individual described by Section 3(f) of this Act or engaging in the
1-11     business of or undertaking to provide a private watchman, guard, or
1-12     street patrol service on a contractual basis for another person and
1-13     performing any one or more of the following or similar functions:
1-14                       (a)  prevention of intrusion, entry, larceny,
1-15     vandalism, abuse, fire, or trespass on private property;
1-16                       (b)  prevention, observation, or detection of any
1-17     unauthorized activity on private property;
1-18                       (c)  control, regulation, or direction of the
1-19     flow or movements of the public, whether by vehicle or otherwise,
1-20     only to the extent and for the time directly and specifically
1-21     required to assure the protection of property;
1-22                       (d)  protection of individuals from bodily harm;
1-23     or
1-24                       (e)  protection of one or more individuals from
 2-1     bodily harm through the use of a personal protection officer.
 2-2           SECTION 2.  Section 3, Private Investigators and Private
 2-3     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 2-4     Statutes), is amended by amending Subsection (a) and adding
 2-5     Subsection (f) to read as follows:
 2-6           (a)  This Act does not apply to:
 2-7                 (1)  a person employed exclusively and regularly by one
 2-8     employer in connection with the affairs of an employer only and
 2-9     where there exists an employer-employee relationship; provided,
2-10     however, any person who shall carry a firearm in the course of the
2-11     [his] employment shall be required to obtain a private security
2-12     officer commission under the provisions of this Act;
2-13                 (2)  except as provided by Subsection (d) of this
2-14     Section, an officer or employee of the United States of America, or
2-15     of this State or political subdivision of either, while the
2-16     employee or officer is engaged in the performance of official
2-17     duties;
2-18                 (3)  a person who has full-time employment as a peace
2-19     officer, who receives compensation for private employment on an
2-20     individual or an independent contractor basis as a patrolman,
2-21     guard, or watchman if the officer:
2-22                       (A)  is employed in an employee-employer
2-23     relationship or employed on an individual contractual basis;
2-24                       (B)  is not in the employ of another peace
2-25     officer;
2-26                       (C)  is not a reserve peace officer; and
2-27                       (D)  works as a peace officer on the average of
 3-1     at least 32 hours a week, is compensated by the state or a
 3-2     political subdivision of the state at the rate of the minimum wage
 3-3     or higher, and is entitled to all employee benefits offered to a
 3-4     peace officer by the state or political subdivision;
 3-5                 (4)  a person engaged exclusively in the business of
 3-6     obtaining and furnishing information for purposes of credit
 3-7     worthiness or collecting debts or ascertaining the financial
 3-8     responsibility of applicants for property insurance and for
 3-9     indemnity or surety bonds, with respect to persons, firms, and
3-10     corporations;
3-11                 (5)  an attorney while engaged in the practice of law
3-12     [attorney-at-law in performing his duties];
3-13                 (6)  admitted insurers, insurance adjusters, agents,
3-14     and insurance brokers licensed by the State, performing duties in
3-15     connection with insurance transacted by them;
3-16                 (7)  a person who engages exclusively in the business
3-17     of repossessing property that is secured by a mortgage or other
3-18     security interest;
3-19                 (8)  a locksmith who does not install or service
3-20     detection devices, does not conduct investigations, and is not a
3-21     security service contractor;
3-22                 (9)  a person who owns and installs burglar detection
3-23     or alarm devices on the person's [his] own property or, if the
3-24     person [he] does not charge for the device or its installation,
3-25     installs it for the protection of the person's [his] personal
3-26     property located on another's property, and does not install the
3-27     devices as a normal business practice on the property of another;
 4-1                 (10)  an employee of a cattle association who is
 4-2     engaged in inspection of brands of livestock under the authority
 4-3     granted to that cattle association by the Packers and Stockyards
 4-4     Division of the United States Department of Agriculture;
 4-5                 (11)  a common carrier by rail engaged in interstate
 4-6     commerce and regulated by state and federal authorities and
 4-7     transporting commodities essential to the national defense and to
 4-8     the general welfare and safety of the community;
 4-9                 (12)  a registered professional engineer practicing in
4-10     accordance with the provisions of the Texas Engineering Practice
4-11     Act that does not install or service detection devices, does not
4-12     conduct nonengineering investigations, is performing forensic
4-13     engineering studies, and is not a security services contractor;
4-14                 (13)  a person whose sale of burglar alarm signal
4-15     devices, burglary alarms, television cameras, still cameras, or
4-16     other electrical, mechanical, or electronic devices used for
4-17     preventing or detecting burglary, theft, shoplifting, pilferage, or
4-18     other losses is exclusively over-the-counter or by mail order;
4-19                 (14)  a person who holds a license or other form of
4-20     permission issued by an incorporated city or town to practice as an
4-21     electrician and who installs fire or smoke detectors in no building
4-22     other than a single family or multifamily residence;
4-23                 (15)  a person or organization in the business of
4-24     building construction that installs electrical wiring and devices
4-25     that may include in part the installation of a burglar alarm or
4-26     detection device if:
4-27                       (A)  the person or organization is a party to a
 5-1     contract that provides that the installation will be performed
 5-2     under the direct supervision of and inspected and certified by a
 5-3     person or organization licensed to install and certify such an
 5-4     alarm or detection device and that the licensee assumes full
 5-5     responsibility for the installation of the alarm or detection
 5-6     device; and
 5-7                       (B)  the person or organization does not service
 5-8     or maintain burglar alarms or detection devices;
 5-9                 (16)  a reserve peace officer while the reserve officer
5-10     is performing guard, patrolman, or watchman duties for a county and
5-11     is being compensated solely by that county;
5-12                 (17)  response to a burglar alarm or detection device
5-13     by a law enforcement agency or by a law enforcement officer acting
5-14     in an official capacity;
5-15                 (18)  a person who, by education, experience, or
5-16     background has specialized expertise or knowledge such as that
5-17     which would qualify or tend to qualify such person as an expert
5-18     witness, authorized to render opinions in proceedings conducted in
5-19     a court, administrative agency, or governing body of this state or
5-20     of the United States, in accordance with applicable rules and
5-21     regulations and who does not perform any other service for which a
5-22     license is required by provisions of this Act;
5-23                 (19)  an officer, employee, or agent of a common
5-24     carrier, as defined by Section 153 [153(10)], Communications Act of
5-25     1934 (47 U.S.C. Section 153 [U.S.C.A. Sec. 151 et seq.]), and its
5-26     subsequent amendments, while protecting the carrier or a user of
5-27     the carrier's long-distance services from a fraudulent, unlawful,
 6-1     or abusive use of those long-distance services;
 6-2                 (20)  a person who sells or installs automobile burglar
 6-3     alarm devices and that does not perform any other act that requires
 6-4     a license under this Act;
 6-5                 (21)  a manufacturer, or a manufacturer's authorized
 6-6     distributor, who sells to the holder of a license under this Act
 6-7     equipment used in the operations for which the holder is required
 6-8     to be licensed;
 6-9                 (22)  a person employed as a noncommissioned security
6-10     officer by a political subdivision of this state;
6-11                 (23)  a person whose activities are regulated under
6-12     Article 5.43-2, Insurance Code, except to the extent that those
6-13     activities are specifically regulated under this Act;
6-14                 (24)  a landman performing activities in the course and
6-15     scope of the landman's business;
6-16                 (25)  a hospital or a wholly owned subsidiary or
6-17     affiliate of a hospital that provides medical alert services for
6-18     persons who are sick or disabled, if the hospital, subsidiary, or
6-19     affiliate is licensed under Chapter 241, Health and Safety Code,
6-20     and the hospital does not perform any other service that requires a
6-21     license under this Act;
6-22                 (26)  a charitable, nonprofit organization that
6-23     provides medical alert services for persons who are sick or
6-24     disabled, if the organization:
6-25                       (A)  is exempt from federal taxation under
6-26     Section 501(a) of the Internal Revenue Code of 1986, and its
6-27     subsequent amendments, by being listed as an exempt entity under
 7-1     Section 501(c)(3) of that code[, Internal Revenue Code of 1986];
 7-2                       (B)  has its monitoring services provided by a
 7-3     licensed person, licensed nurse, licensed physician assistant, or
 7-4     hospital or a wholly owned subsidiary or affiliate of a hospital
 7-5     licensed under Chapter 241, Health and Safety Code; and
 7-6                       (C)  does not perform any other service that
 7-7     requires a license under this Act;
 7-8                 (27)  a person engaged in the business of electronic
 7-9     monitoring of a person as a condition of that person's probation,
7-10     parole, mandatory supervision, or release on bail, if the person
7-11     does not perform any other service that requires a license under
7-12     this Act;
7-13                 (28)  a nonprofit business or civic organization that:
7-14                       (A)  employs one or more peace officers meeting
7-15     the qualifications of Subdivision (3) of this subsection as
7-16     patrolmen, guards, or watchmen;
7-17                       (B)  provides the services of these peace
7-18     officers only to:
7-19                             (i)  its members; or
7-20                             (ii)  if the organization does not have
7-21     members, the members of the communities served by the organization
7-22     as described in its articles of incorporation or other
7-23     organizational documents;
7-24                       (C)  devotes the net receipts from all charges
7-25     for the services exclusively to the cost of providing the services
7-26     or to the costs of other services for the enhancement of the
7-27     security or safety of:
 8-1                             (i)  its members; or
 8-2                             (ii)  if the organization does not have
 8-3     members, the members of the communities served by the organization
 8-4     as described in its articles of incorporation or other
 8-5     organizational documents; and
 8-6                       (D)  does not perform any other service that
 8-7     requires a license under this Act;
 8-8                 (29)  a charitable, nonprofit organization that
 8-9     maintains a system of records to aid in the location of missing
8-10     children if the organization:
8-11                       (A)  is exempt from federal taxation under
8-12     Section 501(a) of the Internal Revenue Code of 1986, and its
8-13     subsequent amendments, by being listed as an exempt entity under
8-14     Section 501(c)(3) of that code[, Internal Revenue Code of 1986, and
8-15     its subsequent amendments];
8-16                       (B)  exclusively provides services related to
8-17     locating missing children; and
8-18                       (C)  does not perform any other service that
8-19     requires a license under this Act;
8-20                 (30)  a person engaged in the business of psychological
8-21     testing or other testing and interviewing services (to include but
8-22     not limited to attitudes, honesty, intelligence, personality, and
8-23     skills) for preemployment purposes, if the person does not perform
8-24     any other service that requires a license under this Act;
8-25                 (31)  a person who does not perform any other act that
8-26     requires a license under this Act, and who is engaged in obtaining
8-27     information classified as a public record under Chapter 552,
 9-1     Government Code, regardless of whether for compensation, unless the
 9-2     person is a full-time employee, as defined by Section 61.001, Labor
 9-3     Code, of a person licensed under this Act; or
 9-4                 (32)  a person who obtains a document for use in
 9-5     litigation under an authorization or subpoena issued for a written
 9-6     or oral deposition.
 9-7           (f)  Notwithstanding Subsection (a)(1) of this section, this
 9-8     Act applies to an individual who:
 9-9                 (1)  works at a location other than a farm or private
9-10     land that is not open to the public; and
9-11                 (2)  in the course of employment:
9-12                       (A)  regularly comes into contact with the
9-13     public; and
9-14                       (B)  wears a uniform with any type of badge
9-15     commonly associated with security personnel or law enforcement or a
9-16     patch or apparel with "security" or the name of the employer on the
9-17     patch or apparel.
9-18           SECTION 3.  Section 4(d), Private Investigators and Private
9-19     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
9-20     Statutes), is amended to read as follows:
9-21           (d)  The Texas Board of Private Investigators and Private
9-22     Security Agencies is subject to Chapter 325, Government Code (Texas
9-23     Sunset Act).  Unless continued in existence as provided by that
9-24     chapter, the board is abolished and this Act expires September 1,
9-25     2003 [1999].
9-26           SECTION 4.  Section 5, Private Investigators and Private
9-27     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 10-1    Statutes), is amended to read as follows:
 10-2          Sec. 5.  BOARD MEMBERSHIP.  (a)  The Texas Board of Private
 10-3    Investigators and Private Security Agencies is composed of an ex
 10-4    officio member as provided by Section 5A of this Act and nine
 10-5    members appointed by the governor with the advice and consent of
 10-6    the senate as follows:
 10-7                (1)  five public members, each of whom is a citizen of
 10-8    the United States;
 10-9                (2)  one member who:
10-10                      (A)  is licensed under this Act as a private
10-11    investigator;
10-12                      (B)  has been engaged as a private investigator
10-13    for at least the five years preceding appointment; and
10-14                      (C)  is not employed by a person who employs
10-15    another member of the board;
10-16                (3)  one member who is licensed under this Act as an
10-17    alarm systems company and who:
10-18                      (A)  has been engaged as an alarm systems company
10-19    for at least the five years preceding appointment; and
10-20                      (B)  is not employed by a person who employs
10-21    another member of the board;
10-22                (4)  one member who:
10-23                      (A)  is licensed under this Act as the owner or
10-24    operator of a guard company;
10-25                      (B)  has been the owner or operator of the guard
10-26    company for at least the five years preceding appointment; and
10-27                      (C)  is not employed by a person who employs
 11-1    another member of the board; and
 11-2                (5)  one member who:
 11-3                      (A)  holds a license, security officer
 11-4    commission, or registration under this Act;
 11-5                      (B)  has been engaged in activity regulated by
 11-6    the board under this Act for at least the five years preceding
 11-7    appointment; and
 11-8                      (C)  is not employed by a person who employs
 11-9    another member of the board.  [The board is composed of the
11-10    following members:]
11-11                [(1)  the director of the Texas Department of Public
11-12    Safety or his designated representative shall serve as an ex
11-13    officio member of such board, and such service shall not jeopardize
11-14    the individual's official capacity with the State of Texas;]
11-15                [(2)  the Attorney General or his designated
11-16    representative shall serve as an ex officio member of such board,
11-17    and such service shall not jeopardize the individual's official
11-18    capacity with the State of Texas;]
11-19                [(3)  three members shall be appointed by the Governor,
11-20    without regard to the race, creed, color, handicap, age, sex,
11-21    religion, or national origin of the appointees and with the advice
11-22    and consent of the Senate, who are citizens of the United States
11-23    and residents of the State of Texas;]
11-24                [(4)  two members shall be appointed by the Governor,
11-25    without regard to the race, creed, color, handicap, age, sex,
11-26    religion, or national origin of the appointees and with the advice
11-27    and consent of the Senate, who are licensed under this Act, who
 12-1    have been engaged for a period of five consecutive years as a
 12-2    private investigator or security services contractor, and who are
 12-3    not employed by the same person as any other member of the board;
 12-4    and]
 12-5                [(5)  one member shall be appointed by the Governor
 12-6    without regard to the race, creed, color, handicap, age, sex,
 12-7    religion, or national origin of the appointee and with the advice
 12-8    and consent of the Senate, who:]
 12-9                      [(A)  is licensed under this Act as the owner or
12-10    operator of a guard company;]
12-11                      [(B)  has operated for at least five consecutive
12-12    years as a guard company; and]
12-13                      [(C)  is not employed by a person who employs any
12-14    other member of the board.]
12-15          (b)  Appointments to the board shall be made without regard
12-16    to the race, color, disability, sex, religion, age, or national
12-17    origin of the appointees.
12-18          (c)  The board's public members must be representatives of
12-19    the general public.  A person may not be [is not eligible for
12-20    appointment as] a public member of the board if the person or the
12-21    person's spouse:
12-22                (1)  is registered, commissioned, certified, or
12-23    licensed by a [an occupational] regulatory agency in the field of
12-24    private investigations or private security;
12-25                (2)  is employed by or participates in the management
12-26    of a business entity or other organization regulated by or
12-27    receiving money from the board [related to the field of private
 13-1    security]; [or]
 13-2                (3)  owns or controls, directly or indirectly, more
 13-3    than a 10 percent [has, other than as a consumer, a financial]
 13-4    interest in a business entity or other organization regulated by or
 13-5    receiving money from the board; or
 13-6                (4)  uses or receives a substantial amount of tangible
 13-7    goods, services, or money from the board other than compensation or
 13-8    reimbursement authorized by law for board membership, attendance,
 13-9    or expenses [related to the field of private security].
13-10          [(c)  A member or employee of the board may not be an
13-11    officer, employee, or paid consultant of a trade association in the
13-12    private security industry.]
13-13          (d)  [A person who is the spouse of an officer, employee, or
13-14    paid consultant of a trade association in or on behalf of a
13-15    profession related to the operation of the board may not be a
13-16    member of the board and may not be an employee, including an
13-17    employee exempt from the state's classification plan, who is
13-18    compensated at or above the amount prescribed by the General
13-19    Appropriations Act for step 1, salary group 17, of the position
13-20    classification salary schedule.  A person who is required to
13-21    register as a lobbyist under Chapter 305, Government Code, by
13-22    virtue of the person's activities for compensation in or on behalf
13-23    of a profession related to the operation of the board, may not
13-24    serve as a member of the board or act as the general counsel to the
13-25    board.]
13-26          [(e)]  It is a ground for removal from the board that [if] a
13-27    member:
 14-1                (1)  does not have at the time of taking office
 14-2    [appointment] the qualifications required by Subsection (a)  [or
 14-3    (b)] of this section [for appointment to the board];
 14-4                (2)  does not maintain during the service on the board
 14-5    the qualifications required by Subsection (a) [or (b)] of this
 14-6    section [for appointment to the board];
 14-7                (3)  is ineligible for membership under [violates a
 14-8    prohibition established by] Subsection (c) [or (d)] of this section
 14-9    or Section 5B of this Act;
14-10                (4)  is absent from more than half [does not attend at
14-11    least one-half] of the regularly scheduled board meetings that the
14-12    member is eligible to attend during [held by the board in] a
14-13    calendar year without an excuse approved by  a majority vote[,
14-14    excluding meetings held when the person was not a member] of the
14-15    board; or
14-16                (5)  cannot, because of illness or disability, [is
14-17    unable to] discharge the member's duties for a substantial part of
14-18    the member's term [for which the member was appointed because of
14-19    illness or disability].
14-20          (e) [(f)]  The validity of an action of the board is not
14-21    affected by the fact that it is [was] taken when a ground for
14-22    removal of a board member exists [of the board existed].
14-23          (f) [(g)]  If the director has knowledge that a potential
14-24    ground for removal exists, the director shall notify the presiding
14-25    officer [chairman] of the board of the potential ground.  The
14-26    presiding officer [chairman of the board] shall then notify the
14-27    governor and the attorney general [Governor] that a potential
 15-1    ground for removal exists.  If the potential ground for removal
 15-2    involves the presiding officer, the director shall notify the next
 15-3    highest ranking officer of the board, who shall then notify the
 15-4    governor and the attorney general that a potential ground for
 15-5    removal exists.
 15-6          [(h)  For the purposes of this section, "trade association"
 15-7    means a nonprofit, cooperative, voluntarily joined association of
 15-8    business or professional competitors that is designed to assist its
 15-9    members and its industry or profession in dealing with mutual or
15-10    professional problems and in promoting their common interests.]
15-11          SECTION 5.  Subchapter B, Private Investigators and Private
15-12    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
15-13    Statutes), is amended by adding Sections 5A, 5B, and 5C to read as
15-14    follows:
15-15          Sec. 5A.  EX OFFICIO BOARD MEMBER.  (a)  The director of the
15-16    Department of Public Safety serves as an ex officio member of the
15-17    board during the director's term of office and has the same powers
15-18    and duties as other board members.
15-19          (b)  The director of the Department of Public Safety may
15-20    delegate to a personal representative from the department the duty
15-21    to represent the director on the board.
15-22          Sec. 5B.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this
15-23    section, "Texas trade association" means a cooperative and
15-24    voluntarily joined association of business or professional
15-25    competitors in this state designed to assist its members and its
15-26    industry or profession in dealing with mutual business or
15-27    professional problems and in promoting their common interest.
 16-1          (b)  A person may not be a board member and may not be an
 16-2    agency employee employed in a "bona fide executive, administrative,
 16-3    or professional capacity," as that phrase is used for purposes of
 16-4    establishing an exemption to the overtime provisions of the federal
 16-5    Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
 16-6    and its subsequent amendments, if:
 16-7                (1)  the person is an officer, employee, or paid
 16-8    consultant of a Texas trade association in the field of private
 16-9    investigation or private security; or
16-10                (2)  the person's spouse is an officer, manager, or
16-11    paid consultant of a Texas trade association in the field of
16-12    private investigation or private security.
16-13          (c)  A person may not be a board member or act as the general
16-14    counsel to the board or the agency if the person is required to
16-15    register as a lobbyist under Chapter 305, Government Code, because
16-16    of the person's activities for compensation on behalf of a
16-17    profession related to the operation of the agency.
16-18          Sec. 5C.  TRAINING REQUIREMENTS.  (a)  A person who is
16-19    appointed to and qualifies for office as a board member may not
16-20    vote, deliberate, or be counted as a member in attendance at a
16-21    board meeting until the person completes a training program that
16-22    complies with this section.
16-23          (b)  The training program must provide the person with
16-24    information regarding:
16-25                (1)  this Act;
16-26                (2)  the programs operated by the board;
16-27                (3)  the role and functions of the board;
 17-1                (4)  the rules of the board, with an emphasis on the
 17-2    rules that relate to disciplinary and investigatory authority;
 17-3                (5)  the current budget for the board;
 17-4                (6)  the results of the most recent formal audit of the
 17-5    board;
 17-6                (7)  the requirements of:
 17-7                      (A)  the open meetings law, Chapter 551,
 17-8    Government Code;
 17-9                      (B)  the public information law, Chapter 552,
17-10    Government Code;
17-11                      (C)  the administrative procedure law,  Chapter
17-12    2001, Government Code; and
17-13                      (D)  other laws relating to public officials,
17-14    including conflict-of-interest laws; and
17-15                (8)  any applicable ethics policies adopted by the
17-16    board or the Texas Ethics Commission.
17-17          (c)  A person appointed to the board is entitled to
17-18    reimbursement, as provided by the General Appropriations Act, for
17-19    the travel expenses incurred in attending the training program
17-20    regardless of whether the attendance at the program occurs before
17-21    or after the person qualifies for office.
17-22          SECTION 6.  Section 7, Private Investigators and Private
17-23    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
17-24    Statutes), is amended to read as follows:
17-25          Sec. 7.  TERMS OF OFFICE.  [(a)] The appointed members of the
17-26    board serve staggered six-year terms, and the terms of three [two]
17-27    appointed members expire on January 31 of each odd-numbered year.
 18-1    Each appointed member shall hold office until the member's [his]
 18-2    successor is appointed and has qualified.
 18-3          [(b)  The director of the Department of Public Safety and the
 18-4    attorney general, or their representatives, serve on the board
 18-5    during their terms of office and shall perform the duties required
 18-6    of members of the board by this Act in addition to those duties
 18-7    required of them in other official capacities.]
 18-8          SECTION 7.  Sections 10(d) and (e), Private Investigators and
 18-9    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
18-10    Civil Statutes), are amended to read as follows:
18-11          (d)  The director or the director's designee shall provide to
18-12    board members and to agency employees, as often as necessary,
18-13    information regarding the requirements for office or employment
18-14    under this Act, including information regarding a person's [The
18-15    board shall inform its members and employees as often as is
18-16    necessary of:]
18-17                [(1)  the qualifications for office or employment
18-18    prescribed by this Act; and]
18-19                [(2)  their] responsibilities under applicable laws
18-20    relating to standards of conduct for state officers or employees.
18-21          (e)  The board shall develop and implement policies that
18-22    clearly separate the policymaking responsibilities of the board and
18-23    the management responsibilities of the director and [adopt policies
18-24    that clearly define the respective responsibilities of the
18-25    governing body of the board and the] staff of the board.
18-26          SECTION 8.  Section 10A, Private Investigators and Private
18-27    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 19-1    Statutes), is amended to read as follows:
 19-2          Sec. 10A.  EQUAL EMPLOYMENT OPPORTUNITY; REPORT.  (a)  The
 19-3    director or the director's designee shall prepare and maintain a
 19-4    written policy statement that implements [to assure implementation
 19-5    of] a program of equal employment opportunity to ensure that [by
 19-6    which] all personnel decisions [transactions] are made without
 19-7    regard to race, [creed,] color, disability [handicap], age, sex,
 19-8    religion, or national origin.
 19-9          (b)  The policy statement must [shall] include:
19-10                (1)  personnel policies, including policies relating to
19-11    recruitment, evaluation, selection, [appointment,] training, and
19-12    promotion of personnel, that show the intent of the board to avoid
19-13    the unlawful employment practices described by Chapter 21, Labor
19-14    Code; and
19-15                (2)  an [a comprehensive] analysis of the extent to
19-16    which the composition of the board's personnel is in accordance
19-17    with [work force that meets] federal and state law and a
19-18    description of reasonable methods to achieve compliance with
19-19    federal and state law [guidelines;]
19-20                [(3)  procedures by which a determination can be made
19-21    of significant underutilization, in the board's work force, of all
19-22    persons of whom federal or state guidelines encourage a more
19-23    equitable balance; and]
19-24                [(4)  reasonable methods to appropriately address areas
19-25    of significant underutilization, in the board's work force, of all
19-26    persons of whom federal or state guidelines encourage a more
19-27    equitable balance].
 20-1          (c) [(b)]  The policy statement [statements] must:
 20-2                (1)  be filed with the governor's office;
 20-3                (2)  be reviewed by the state Commission on Human
 20-4    Rights for compliance with Subsection (b)(1);[, cover an annual
 20-5    period,] and
 20-6                (3)  be updated at least annually.  [The governor's
 20-7    office shall develop a biennial report to the legislature based on
 20-8    the information submitted.  The report may be made separately or as
 20-9    a part of other biennial reports made to the legislature.]
20-10          SECTION 9.  Subchapter B, Private Investigators and Private
20-11    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
20-12    Statutes), is amended by adding Section 10B to read as follows:
20-13          Sec. 10B.  RULES AND POLICIES.  (a)  The board shall adopt
20-14    rules and general policies to guide the agency in the
20-15    administration of this Act.
20-16          (b)  The rules and policies adopted by the board must be
20-17    consistent with this Act and other board rules adopted under this
20-18    Act and with any other applicable law, state rule, or federal
20-19    regulation.
20-20          SECTION 10.  Sections 11(d) and (e), Private Investigators
20-21    and Private Security Agencies Act (Article 4413(29bb), Vernon's
20-22    Texas Civil Statutes), are amended to read as follows:
20-23          (d)  The board shall recognize, prepare, or administer
20-24    continuing education programs for licensees and registrants
20-25    [private investigators] regulated by the board under this Act.  The
20-26    board shall set the minimum number of hours that must be completed
20-27    and the types of programs that may be offered for licensees and
 21-1    registrants [private investigators] regulated by the board. A
 21-2    licensee or registrant must participate in the programs to the
 21-3    extent required by the board to keep the person's license or
 21-4    registration.  A licensee or registrant [private investigator]
 21-5    regulated by the board shall submit evidence of compliance with the
 21-6    board's continuing education requirements in a manner prescribed by
 21-7    the board.
 21-8          (e)  The board shall develop and implement [adopt] policies
 21-9    that provide the public with a reasonable opportunity to appear
21-10    before the board and to speak on any issue under the jurisdiction
21-11    of the board.
21-12          SECTION 11.  Section 11B, Private Investigators and Private
21-13    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
21-14    Statutes), is amended to read as follows:
21-15          Sec. 11B.  REVOCATION, SUSPENSION, AND SUMMARY SUSPENSION.
21-16    (a)  Except as provided by Section 11E, the [The] board shall
21-17    revoke, [or] suspend, or refuse to renew a [any] registration,
21-18    license, or security officer commission, or shall reprimand a [any]
21-19    registrant, licensee, or commissioned security officer[, or deny an
21-20    application for a registration, license, or security officer
21-21    commission, or renewal thereof,] or may place on probation a person
21-22    whose registration, license, or security officer commission has
21-23    been suspended, on proof:
21-24                (1)  that the applicant, licensee, commissioned
21-25    security officer, or registrant has:
21-26                      (A)  violated [any provisions of] this Act or a
21-27    rule of the board adopted [of the rules and regulations
 22-1    promulgated] under this Act;
 22-2                      (B)  been convicted of a Class B misdemeanor or
 22-3    equivalent offense if the fifth anniversary of the date of the
 22-4    conviction has occurred;
 22-5                      (C)  engaged in [(2)  that the applicant,
 22-6    licensee, commissioned security officer, or registrant has
 22-7    committed any act resulting in conviction of a felony;]
 22-8                [(3)  that the applicant, licensee, commissioned
 22-9    security officer, or registrant has committed an act after the date
22-10    of application for a registration, license, or security officer
22-11    commission that results in a conviction of a misdemeanor involving
22-12    moral turpitude;]
22-13                [(4)  that the applicant, licensee, commissioned
22-14    security officer, or registrant has practiced] fraud, deceit, or
22-15    misrepresentation; or
22-16                      (D) [(5)  that the applicant, licensee,
22-17    commissioned security officer, or registrant has] made a material
22-18    misstatement in the application for or renewal of a license,
22-19    registration, or security officer commission; or
22-20                (2) [(6)]  that the licensee of the commissioned
22-21    security officer or registrant has submitted to the board
22-22    sufficient evidence that a commissioned security officer or
22-23    registrant:
22-24                      (A)  [,] while in the employ of the licensee,
22-25    practiced fraud or deceit;[,] or
22-26                      (B)  committed theft while performing work as a
22-27    commissioned security officer or registrant.
 23-1          (b)  Subject to Section 11D of this Act, the board may
 23-2    summarily suspend a license, registration, or security officer
 23-3    commission issued [to an individual] under this Act on receiving
 23-4    written notification from the Department of Public Safety [of the
 23-5    State of Texas] or any other law enforcement agency that the
 23-6    individual has been arrested for or charged with a Class B
 23-7    misdemeanor or equivalent offense [involving moral turpitude] or a
 23-8    greater offense [felony].
 23-9          (c)  Subject to Section 11D of this Act, the board may
23-10    summarily deny an application for a license, registration, or [for
23-11    a] security officer commission of an individual on receiving
23-12    written notification from the Department of Public Safety [of the
23-13    State of Texas] or any other law enforcement agency that the
23-14    individual has been arrested for or charged with a Class B
23-15    misdemeanor or equivalent offense [involving moral turpitude] or a
23-16    greater offense [felony].
23-17          (d)  [In this section, a person is considered to be convicted
23-18    of a misdemeanor involving moral turpitude or a felony if a court
23-19    of competent jurisdiction enters a judgment against the person for
23-20    committing a misdemeanor involving moral turpitude or a felony
23-21    under the laws of this state, another state, or the United States,
23-22    including:]
23-23                [(1)  a conviction in which a person was placed on
23-24    probation or community supervision and the person is subsequently
23-25    discharged from probation or community supervision; or]
23-26                [(2)  a conviction that is pardoned, unless the pardon
23-27    is granted expressly because of the proof of a person's innocence.]
 24-1          [(e)]  The dismissal of a complaint, information, or
 24-2    indictment or an acquittal releases the individual from any summary
 24-3    suspension of a registration or commission or automatic grounds for
 24-4    summary denial of an application under this section.
 24-5          (e)  Except for a summary denial of an application or a
 24-6    summary suspension, a person regulated under this Act against whom
 24-7    the board has taken action is entitled to a hearing before the
 24-8    State Office of Administrative Hearings.  A proceeding under this
 24-9    subsection is a contested case that is [(f)  Proceedings for the
24-10    refusal, suspension, or revocation of a registration, license, or
24-11    security officer commission or for the probation of a person are]
24-12    governed by Chapter 2001, Government Code [(Administrative
24-13    Procedure Act)].  Proceedings for the summary suspension of a
24-14    license, registration, or security officer commission or summary
24-15    denial of an application under this Act are governed by Section 11D
24-16    of this Act.
24-17          (f)  The board may place on probation a person whose license
24-18    is suspended.  If a license suspension is probated, the board may
24-19    require the person:
24-20                (1)  to report regularly to the board on matters that
24-21    are the basis of the probation;
24-22                (2)  to limit practice to the areas prescribed by the
24-23    board; or
24-24                (3)  to continue or review professional education until
24-25    the person attains a degree of skill satisfactory to the board in
24-26    those areas that are the basis of the probation.  [(g)  If the
24-27    board is authorized to suspend a license under this Act, the board
 25-1    may give the licensee the opportunity to pay a civil penalty rather
 25-2    than have the license suspended.  The amount of the civil penalty
 25-3    may not be more than $200 for each day the license was to have been
 25-4    suspended.  If the licensee does not pay the penalty before the
 25-5    sixth day after the board notifies him of the amount, he loses the
 25-6    opportunity to pay it and the board shall impose the suspension.]
 25-7          SECTION 12.  Subchapter B, Private Investigators and Private
 25-8    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 25-9    Statutes), is amended by adding Section 11E to read as follows:
25-10          Sec. 11E.  REVOCATION OR REFUSAL FOR CERTAIN OFFENSES.  The
25-11    board shall revoke or refuse to renew a registration, license, or
25-12    security officer commission if the applicant, licensee,
25-13    registrant, or commissioned security officer has been convicted of
25-14    a:
25-15                (1)  Class A misdemeanor or equivalent offense or a
25-16    greater offense; or
25-17                (2)  Class B misdemeanor or equivalent offense if the
25-18    fifth anniversary of the date of conviction has not occurred.
25-19          SECTION 13.  Subchapter B, Private Investigators and Private
25-20    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
25-21    Statutes), is amended by adding Section 11F to read as follows:
25-22          Sec. 11F.  CONVICTION OF CERTAIN CRIMES.  In this subchapter,
25-23    a person is considered to be convicted of an offense that is a
25-24    Class B misdemeanor or greater offense, or an equivalent offense,
25-25    if a court enters a judgment against the person for committing a
25-26    Class B misdemeanor or greater offense, or an equivalent offense,
25-27    under the laws of this state, another state, or the United States,
 26-1    including a conviction:
 26-2                (1)  in which a person is placed on, and subsequently
 26-3    discharged from, community supervision; and
 26-4                (2)  for which a person is pardoned, unless a full
 26-5    pardon has been granted for reasons relating to a wrongful
 26-6    conviction.
 26-7          SECTION 14.  Section 12(b), Private Investigators and Private
 26-8    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 26-9    Statutes), is amended to read as follows:
26-10          (b)  The governor shall designate one member of the board as
26-11    presiding officer to serve in that capacity at the will of the
26-12    governor [chairman].  The governor shall designate the presiding
26-13    officer [chairman] without regard to the race, creed, color,
26-14    disability [handicap], age, sex, religion, or national origin of
26-15    the designee.  The board, including the representative of the
26-16    director of the Department of Public Safety if [he so designates]
26-17    one is designated, shall elect from among its members an assistant
26-18    presiding officer [a vice-chairman] and a secretary to serve
26-19    two-year terms commencing on September 1 of each odd-numbered year.
26-20    The presiding officer [chairman,] or, in the [his] absence of the
26-21    presiding officer, the assistant presiding officer [vice-chairman,]
26-22    shall preside at all meetings of the board and perform the other
26-23    duties prescribed by [in] this Act.
26-24          SECTION 15.  Subchapter B, Private Investigators and Private
26-25    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
26-26    Statutes), is amended by adding Section 12B to read as follows:
26-27          Sec. 12B.  PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY
 27-1    ACTIONS.  (a)  The board shall make available to the public through
 27-2    a toll-free telephone number, Internet website, or other easily
 27-3    accessible medium determined by the board the following information
 27-4    relating to a disciplinary action taken during the preceding three
 27-5    years regarding a person regulated by the board:
 27-6                (1)  the identity of the person;
 27-7                (2)  the nature of the complaint that was the basis of
 27-8    the disciplinary action taken against the person; and
 27-9                (3)  the disciplinary action taken by the board.
27-10          (b)  In providing the information, the board shall present
27-11    the information in an impartial manner, use language that is
27-12    commonly understood, and, if possible, avoid jargon specific to the
27-13    security industry.
27-14          (c)  The board shall update the information on a monthly
27-15    basis.
27-16          (d)  The board shall maintain the confidentiality of
27-17    information regarding the identification of a complainant.
27-18          SECTION 16.  Section 14, Private Investigators and Private
27-19    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
27-20    Statutes), is amended by amending Subsection (a)  and adding
27-21    Subsection (a-1) to read as follows:
27-22          (a)  An applicant for a license or the applicant's [his]
27-23    manager must[:]
27-24                [(1)]  be at least 18 years of age and must not:[;]
27-25                (1) [(2)  not have been convicted in any jurisdiction
27-26    of any felony unless a full pardon has been granted;]
27-27                [(3)  not] have been convicted in any jurisdiction of a
 28-1    Class A misdemeanor or equivalent offense or a greater offense
 28-2    [involving moral turpitude during the seven-year period preceding
 28-3    the date of application] unless a full pardon has been granted for
 28-4    reasons relating to a wrongful [the] conviction;
 28-5                (2)  have been convicted in any jurisdiction of a Class
 28-6    B misdemeanor or equivalent offense for which the fifth anniversary
 28-7    of the date of conviction has not occurred before the date of
 28-8    application unless a full pardon has been granted for reasons
 28-9    relating to a wrongful conviction;
28-10                (3) [(4)  not] have been declared by any court of
28-11    competent jurisdiction incompetent by reason of mental defect or
28-12    disease and has not been restored;
28-13                (4) [(5)  not] be suffering from habitual drunkenness
28-14    or from narcotics addiction or dependence; or [and]
28-15                (5) [(6)  not] have been discharged from the armed
28-16    services of the United States under other than honorable
28-17    conditions.
28-18          (a-1)  The board may deny an application for a license if the
28-19    applicant has been convicted in any jurisdiction of a Class B
28-20    misdemeanor or equivalent offense if the fifth anniversary of the
28-21    date of conviction has occurred before the date of application
28-22    unless a full pardon has been granted for reasons relating to a
28-23    wrongful conviction.
28-24          SECTION 17.  Section 15, Private Investigators and Private
28-25    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
28-26    Statutes), is amended by amending Subsections (a)  and (c) and
28-27    adding Subsection (g) to read as follows:
 29-1          (a)  An application for a license under this Act shall be in
 29-2    the form prescribed by the board.  The application shall include:
 29-3                (1)  the full name and business address of the
 29-4    applicant;
 29-5                (2)  the name under which the applicant intends to do
 29-6    business;
 29-7                (3)  a statement as to the general nature of the
 29-8    business in which the applicant intends to engage;
 29-9                (4)  a statement as to the classification under which
29-10    the applicant desires to be qualified;
29-11                (5)  the full name and residence address of each of the
29-12    applicant's [its] partners, officers, and directors, and of the
29-13    applicant's [its] manager, if the applicant is an entity other than
29-14    an individual;
29-15                (6)  two [one] classifiable sets [set] of fingerprints
29-16    of the applicant, if the applicant is an individual, or of each
29-17    officer and of each partner or shareholder who owns a 25 percent or
29-18    greater interest in the applicant, if the applicant is an entity;
29-19                (7)  a verified statement of the applicant's [his]
29-20    experience qualifications in the particular field of classification
29-21    in which the applicant [he] is applying;
29-22                (8)  [a letter from the police department and a letter
29-23    from the sheriff's department of the city and county wherein the
29-24    applicant resides concerning the character of the applicant and
29-25    containing any objection or recommendation as to his application;
29-26    and] a report [letter] from the [Texas] Department of Public Safety
29-27    stating the applicant's [setting forth the] record of any
 30-1    convictions for a Class B misdemeanor or equivalent offense or a
 30-2    greater offense [of any applicant for a felony or a crime involving
 30-3    moral turpitude]; and
 30-4                (9)  any other information, evidence, statements, or
 30-5    documents [as may be] required by the board.
 30-6          (c)  The board shall [may] require an applicant or the
 30-7    applicant's [his] manager to demonstrate qualifications in the
 30-8    person's license [his] field of classification, including knowledge
 30-9    of applicable state laws and board rules, by taking an examination
30-10    to be determined by the board.
30-11          (g)  The board shall develop, and provide to a person who
30-12    applies to take the examination under Subsection (c) of this
30-13    section, material containing all applicable state laws and board
30-14    rules.
30-15          SECTION 18.  Subchapter C, Private Investigators and Private
30-16    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
30-17    Statutes), is amended by adding Sections 15A, 15B, 15C, and 15D to
30-18    read as follows:
30-19          Sec. 15A.  EXAMINATION RESULTS.  (a)  Not later than the 30th
30-20    day after the date a person takes a licensing examination under
30-21    this Act, the board shall notify the person of the results of the
30-22    examination.
30-23          (b)  If the examination is graded or reviewed by a  testing
30-24    service:
30-25                (1)  the board shall notify the person of the results
30-26    of the examination not later than the 14th day after the date the
30-27    board receives the results from the testing service; and
 31-1                (2)  if notice of the examination results will be
 31-2    delayed for longer than 90 days after the examination date, the
 31-3    board shall notify the person of the reason for the delay before
 31-4    the 90th day.
 31-5          (c)  The board may require a testing service to notify a
 31-6    person of the results of the person's examination.
 31-7          (d)  If requested in writing by a person who fails a
 31-8    licensing examination administered under this Act, the board shall
 31-9    furnish the person with an analysis of the person's performance on
31-10    the examination.
31-11          Sec. 15B.  RECIPROCAL LICENSE FOR CERTAIN FOREIGN APPLICANTS.
31-12    The board may waive any prerequisite to obtaining a license for an
31-13    applicant who holds a license issued by another jurisdiction with
31-14    which this state has a reciprocity agreement.  The board may make
31-15    an agreement, subject to the approval of the governor, with another
31-16    state to allow for licensing by reciprocity.
31-17          Sec. 15C.  PROVISIONAL LICENSE.  (a)  The board may issue a
31-18    provisional license to an applicant currently licensed in another
31-19    jurisdiction who seeks an equivalent license in this state and who:
31-20                (1)  has been licensed in good standing as an
31-21    investigations company or security services contractor for at least
31-22    two years in another jurisdiction, including a foreign country,
31-23    that has licensing requirements substantially equivalent to the
31-24    requirements of this Act;
31-25                (2)  has passed  a  national  or other  examination
31-26    recognized by the board relating to the practice of  private
31-27    investigations or security services contracting; and
 32-1                (3)  is sponsored by a person licensed by the board
 32-2    under this Act with whom the provisional license holder will
 32-3    practice during the time the person holds a provisional license.
 32-4          (b)  A provisional license is valid until the date the board
 32-5    approves or denies the provisional license holder's application for
 32-6    a license.  The board shall issue a license under this Act to the
 32-7    provisional license holder if:
 32-8                (1)  the provisional license holder is eligible to be
 32-9    licensed under Section 15B of this Act; or
32-10                (2)  the provisional license holder:
32-11                      (A)  passes the part of the examination under
32-12    Section 15(c) of this Act that relates to the applicant's knowledge
32-13    and understanding of the laws and rules relating to the practice of
32-14    an investigations company or security services contractor in this
32-15    state;
32-16                      (B)  is verified by the board as meeting the
32-17    academic and experience requirements for a license under this Act;
32-18    and
32-19                      (C)  satisfies any other licensing requirements
32-20    under this Act.
32-21          (c)  The board must approve or deny a provisional license
32-22    holder's application for a license not later than the 180th day
32-23    after the date the provisional license is issued.  The board may
32-24    extend the 180-day period if the results of an examination have not
32-25    been received by the board before the end of that period.
32-26          (d)  The board may establish a fee for provisional licenses
32-27    in an amount reasonable and necessary to cover the cost of issuing
 33-1    the license.
 33-2          Sec. 15D.  PROVISIONAL REGISTRATION.  (a)  The board may
 33-3    issue a provisional registration to an applicant currently
 33-4    registered in another jurisdiction who seeks an equivalent
 33-5    registration in this state and who:
 33-6                (1)  has been registered in good standing in the field
 33-7    in which the registration is sought for at least two years in
 33-8    another jurisdiction, including a foreign country, that has
 33-9    registration requirements substantially equivalent to the
33-10    requirements of this Act;
33-11                (2)  has passed a national or other examination
33-12    recognized by the board relating to practice in the field in which
33-13    the registration is sought; and
33-14                (3)  is employed by a person licensed by the board
33-15    under this Act with whom the provisional registration holder will
33-16    practice during the time the person holds a provisional
33-17    registration.
33-18          (b)  A provisional registration is valid until the date the
33-19    board approves or denies the provisional registration holder's
33-20    application for a registration.  The board shall issue a
33-21    registration under this Act to the provisional registration holder
33-22    if the provisional registration holder is eligible to be registered
33-23    under this Act.
33-24          (c)  The board must approve or deny a provisional
33-25    registration holder's application for a registration not later than
33-26    the 180th day after the date the provisional registration is
33-27    issued.  The board may extend the 180-day period if the results of
 34-1    an examination have not been received by the board before the end
 34-2    of that period.
 34-3          (d)  The board may establish a fee for provisional
 34-4    registration in an amount reasonable and necessary to cover the
 34-5    cost of issuing the registration.
 34-6          SECTION 19.  Sections 17(a) and (d), Private Investigators
 34-7    and Private Security Agencies Act (Article 4413(29bb), Vernon's
 34-8    Texas Civil Statutes), are amended to read as follows:
 34-9          (a)  If the General Appropriations Act does not specify the
34-10    amount of the fee, the board by rule shall establish reasonable and
34-11    necessary fees that produce funds sufficient for the administration
34-12    of this Act but that do not produce unnecessary fund balances and
34-13    do not exceed the following amounts:
34-14          Class A license                                          $225
34-15          (original and renewal)
34-16          Class B license                                           225
34-17          (original and renewal)
34-18          Class C license                                           340
34-19          (original and renewal)
34-20          Reinstate suspended license                               150
34-21          Assignment of license                                     150
34-22          Change name of license                                     75
34-23          Delinquency fee                                         _____
34-24          Branch office certificate and renewal                     150
34-25          Registration fee for private investigators, managers,
34-26             branch office managers, and alarm systems installers    20
34-27          (original and renewal)
 35-1          Registration fee for noncommissioned security officer      35
 35-2          Renewal fee for noncommissioned security officer           25
 35-3          Registration fee for security sales person                 20
 35-4          Registration fee for alarm systems monitor                 20
 35-5          Registration fee for dog trainer                           20
 35-6          Registration fee for owner, officer, partner, or
 35-7             shareholder of a licensee                               20
 35-8          Registration fee for security consultants                  55
 35-9          Security officer commission fee                            35
35-10          (original and renewal)
35-11          School instructor fee                                     100
35-12          (original and renewal)
35-13          School approval fee                                       250
35-14          (original and renewal)
35-15          Letter of authority fee for private businesses
35-16             and political subdivisions                             225
35-17          (original and renewal)
35-18          FBI fingerprint check                                      25
35-19          Duplicate pocket card                                      10
35-20          Employee information update fee                            15
35-21          Burglar alarm sellers renewal fee                          25
35-22          Personal protection authorization                          50
35-23          (d)  A Class A, Class B, or Class C license is valid for one
35-24    year from the date of issuance.  Registration as a private
35-25    investigator, manager, branch office manager, alarm systems
35-26    installer, security consultant, security sales person, alarm
35-27    systems monitor, or dog trainer is valid for two years from the
 36-1    date of registration, except that an initial registration as an
 36-2    alarm systems installer or security sales person is valid for one
 36-3    year from the date of registration if the board requires
 36-4    registrants to be trained or tested pursuant to Section 32(f) of
 36-5    this Act.  Registration as an owner, officer, partner, or
 36-6    shareholder of a licensee is valid for two years from the date of
 36-7    registration.  Registration as a noncommissioned security officer
 36-8    is valid for two [four] years from the date of registration.  A
 36-9    letter of authority, or a school approval or school instructor
36-10    approval letter issued by the board, is valid for one year from the
36-11    date of issuance.  Other licenses or registrations issued under
36-12    this Act are valid for the period specified by this Act or by board
36-13    rule.
36-14          SECTION 20.  Subchapter C, Private Investigators and Private
36-15    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
36-16    Statutes), is amended by adding Section 17A to read as follows:
36-17          Sec. 17A.  PAYMENT OF FEES AND FINES.  The board may adopt
36-18    rules regarding the method of payment of a fee or a fine assessed
36-19    under this Act.  The rules may authorize the use of electronic
36-20    funds transfer or a valid credit card issued by a financial
36-21    institution chartered by a state or the federal government or by a
36-22    nationally recognized credit organization approved by the board.
36-23    The rules may require the payment of a discount or a reasonable
36-24    service charge for a credit card payment in addition to the fee or
36-25    the fine.
36-26          SECTION 21.  Section 18(b), Private Investigators and Private
36-27    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 37-1    Statutes), is amended to read as follows:
 37-2          (b)  No person shall act as a manager of a licensee until the
 37-3    person [he] has complied with each of the following:
 37-4                (1)  demonstrated the person's [his] qualifications by
 37-5    passing the [a] written examination required by Section 15(c) of
 37-6    this Act; and
 37-7                (2)  made a satisfactory showing to the board that the
 37-8    person [he] has the qualifications prescribed by Section 14 of this
 37-9    Act, and that none of the facts stated in Section 11B(a) or 11E
37-10    [Subsection (a), Section 11B,] of this Act regarding violations or
37-11    convictions exist as to the person [him].
37-12          SECTION 22.  Section 19(g), Private Investigators and Private
37-13    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
37-14    Statutes), is amended to read as follows:
37-15          (g)  The board shall send a copy of each application for a
37-16    security officer commission to the [Texas] Department of Public
37-17    Safety [and to the sheriff of the county and the chief of police of
37-18    the principal city of the county in which the applicant resides.  A
37-19    sheriff or chief of police who wishes to object to the issuance of
37-20    a security officer commission to a particular applicant may do so
37-21    by mailing or otherwise delivering a written statement of his
37-22    objection and his reasons to the board].
37-23          SECTION 23.  Section 20, Private Investigators and Private
37-24    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
37-25    Statutes), is amended to read as follows:
37-26          Sec. 20.  TRAINING PROGRAMS.  (a)  The board shall establish
37-27    a basic training course for commissioned security officers.  The
 38-1    course must include, at a minimum:
 38-2                (1)  general security officer training issues;
 38-3                (2)  classroom instruction on handgun proficiency; and
 38-4                (3)  range instruction on handgun proficiency.
 38-5          (b)  The course must be offered and taught by schools [and
 38-6    instructors] approved by the board.  To receive board approval, a
 38-7    school [or an instructor] must submit an application to the board
 38-8    on a form provided by the board.
 38-9          (c) [(b)]  The basic training course approved by the board
38-10    shall consist of a minimum of 30 hours.
38-11          (d)  The general security officer training portion of the
38-12    course must [and shall] include instruction on:
38-13                (1)  board rules and applicable state laws [legal
38-14    limitations on the use of firearms and on the powers and authority
38-15    of a security officer];
38-16                (2)  [familiarity with this Act;]
38-17                [(3)]  field note taking and report writing;
38-18                [(4)  range firing and procedure, and firearms safety
38-19    and maintenance;] and
38-20                (3) [(5)]  any other topics of security officer
38-21    training curriculum which the board deems necessary.
38-22          (e) [(c)]  The board shall develop a commissioned security
38-23    officer training manual that contains applicable state laws and
38-24    board rules to be used in the instructing and training of
38-25    commissioned security officers.
38-26          (f) [(d)]  The board shall promulgate all rules necessary to
38-27    administer the provisions of this section concerning the training
 39-1    requirements of this Act.
 39-2          (g) [(e)]  The board may not issue a security officer
 39-3    commission to an applicant employed by a licensee unless the
 39-4    applicant submits evidence satisfactory to the board that the
 39-5    applicant:
 39-6                (1)  [he] has completed the basic training course [at a
 39-7    school or] under an instructor certified [approved] by the board;
 39-8                (2)  [he] meets all qualifications established by this
 39-9    Act and by the rules of the board; and
39-10                (3)  [he] has achieved the score required by the board
39-11    on the examination under Section 20C of this Act [satisfied his
39-12    firearm training instructor that he has attained with a handgun a
39-13    minimum average marksmanship competency of 160 out of 300 on an
39-14    "Army L" target or a minimum of 80 out of 150 on an F.B.I.
39-15    Silhouette target (N.R.A. B-27), at 50 feet with 10 shots slow
39-16    fire, 10 shots time fire and 10 shots double-action or complies
39-17    with the standards of marksmanship set by the board;]
39-18                [(4)  he has satisfied his firearm training instructor
39-19    that he has complied with the standards of marksmanship set by the
39-20    board for minimum marksmanship competency with a shotgun].
39-21          (h) [(f)]  In addition to the requirements of Subsection (g)
39-22    [(e)] of this section, the board by rules and regulations shall
39-23    establish other qualifications for persons who are employed in
39-24    positions requiring the carrying of firearms.  These qualifications
39-25    may include physical and mental standards, standards of good moral
39-26    character, and other requirements that relate to the competency and
39-27    reliability of individuals to carry firearms.  The board shall
 40-1    prescribe appropriate forms and rules and regulations by which
 40-2    evidence that the requirements are fulfilled is presented.  [The
 40-3    board shall require commissioned security officers and applicants
 40-4    for security officer commissions to demonstrate proficiency in the
 40-5    use of firearms to the satisfaction of a firearm training
 40-6    instructor who is employed by a board approved training school.  An
 40-7    applicant for a security officer commission must demonstrate
 40-8    proficiency not earlier than the 90th day before the date on which
 40-9    the security officer commission is to be issued.  A commissioned
40-10    security officer must demonstrate proficiency not earlier than the
40-11    90th day before the date on which the commission is to be renewed.
40-12    The records of this proficiency shall be maintained by the school
40-13    and available for inspection by the board.]
40-14          (i) [(g)]  The board shall prescribe appropriate rules and
40-15    regulations for the maintenance of records relating to persons
40-16    issued security officer commissions by the board.
40-17          (j)  The handgun proficiency course must include at least 10
40-18    hours and not more than 15 hours of instruction on:
40-19                (1)  the laws that relate to weapons and to the use of
40-20    deadly force;
40-21                (2)  handgun use, proficiency, and safety;
40-22                (3)  nonviolent dispute resolution; and
40-23                (4)  proper storage practices for handguns, with an
40-24    emphasis on storage practices that eliminate the possibility of
40-25    accidental injury to a child.
40-26          (k)  The range instruction on handgun proficiency must
40-27    include an actual demonstration by the applicant of the applicant's
 41-1    ability to safely and proficiently use a handgun.  The applicant
 41-2    must demonstrate, at a minimum, the degree of proficiency that is
 41-3    required to effectively operate a 9-millimeter or .38-caliber
 41-4    handgun.
 41-5          (l)  The board by rule shall establish minimum standards for
 41-6    handgun proficiency that are at least as stringent as the standards
 41-7    for handgun proficiency developed by the public safety director
 41-8    under Section 411.188, Government Code.
 41-9          SECTION 24.  Subchapter C, Private Investigators and Private
41-10    Security Agencies Act (Article 4413(29bb),  Vernon's Texas Civil
41-11    Statutes), is amended by adding Sections 20A, 20B, 20C, and 20D to
41-12    read as follows:
41-13          Sec. 20A.  CERTIFIED HANDGUN INSTRUCTOR.  (a)  The board
41-14    shall certify handgun instructors.  To be qualified for
41-15    certification as a handgun instructor, a person must be qualified
41-16    to instruct persons in:
41-17                (1)  the laws that relate to weapons and to the use of
41-18    deadly force;
41-19                (2)  handgun use, proficiency, and safety;
41-20                (3)  nonviolent dispute resolution; and
41-21                (4)  proper storage practices for handguns, including
41-22    storage practices that eliminate the possibility of accidental
41-23    injury to a child.
41-24          (b)  The board shall provide training to an individual who
41-25    applies for certification as a handgun instructor.  An applicant
41-26    shall pay a fee of $100 to the board for the training.  An
41-27    applicant must take and successfully complete the training offered
 42-1    by the board and pay the training fee before the board may certify
 42-2    the applicant as a handgun instructor.  The board shall waive the
 42-3    requirements regarding a training program or continuing education
 42-4    proficiency certification under Section 20D of this Act for an
 42-5    applicant for a security officer commission who takes and
 42-6    successfully completes training under this subsection and pays the
 42-7    training fee.  The board by rule may prorate or waive the training
 42-8    fee for an employee of another governmental entity.
 42-9          (c)  The certification of a handgun instructor expires on the
42-10    second anniversary of the date of certification.  To renew a
42-11    certification, the handgun instructor must pay a $100 renewal fee
42-12    and take and successfully complete the retraining courses required
42-13    by board rule.
42-14          (d)  After certification, a handgun instructor may conduct
42-15    training and continuing education for a security officer commission
42-16    under this subchapter.
42-17          (e)  The procedures for the review of a denial, revocation,
42-18    or suspension of a license under Section 11B(e) of this Act apply
42-19    to the review of a denial, revocation, or suspension of
42-20    certification as a handgun instructor.
42-21          Sec. 20B.  CONTINUING EDUCATION COURSE IN HANDGUN
42-22    PROFICIENCY.  The board by rule shall develop a continuing
42-23    education course in handgun proficiency required for renewal of a
42-24    security officer commission.  Only a certified handgun instructor
42-25    may administer the continuing education course.  The course must
42-26    include:
42-27                (1)  at least four hours of instruction on one or more
 43-1    of the subjects listed in Section 20(j) of this Act; and
 43-2                (2)  other information that the director determines is
 43-3    appropriate.
 43-4          Sec. 20C.  HANDGUN PROFICIENCY EXAMINATION.  (a)  Only a
 43-5    certified handgun instructor may administer the handgun proficiency
 43-6    examination required to obtain or to renew a security officer
 43-7    commission.
 43-8          (b)  The proficiency examination must include:
 43-9                (1)  a written section on the subjects listed in
43-10    Section 20(j) of this Act; and
43-11                (2)  a physical demonstration of handgun proficiency
43-12    that meets the minimum standards established under Section 20(k) or
43-13    (l) of this Act.
43-14          Sec. 20D.  HANDGUN PROFICIENCY CERTIFICATE.  (a)  The board
43-15    shall develop sequentially numbered training program and continuing
43-16    education certificates and shall distribute certificates to each
43-17    certified handgun instructor who administers the handgun
43-18    proficiency examination described by Section 20C of this Act.  The
43-19    board by rule may set a fee not to exceed $5 to cover the cost of
43-20    the certificates.
43-21          (b)  If a person successfully completes the proficiency
43-22    requirements as described by Section 20C, the instructor shall
43-23    endorse a training program and continuing education certificate
43-24    provided by the board.  An applicant must successfully complete
43-25    both classroom and range instruction to receive a certificate.  The
43-26    certificate must indicate the category of any handgun for which the
43-27    applicant demonstrated proficiency during the examination.
 44-1          SECTION 25.  Section 33(c), Private Investigators and Private
 44-2    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 44-3    Statutes), is amended to read as follows:
 44-4          (c)  The board shall send a copy of each application for
 44-5    registration to the [Texas] Department of Public Safety [and to the
 44-6    sheriff of the county and the chief of police of the principal city
 44-7    of the county in which the applicant resides.  A sheriff or chief
 44-8    of police who wishes to object to the registration of a particular
 44-9    applicant may do so by mailing or otherwise delivering a written
44-10    statement of his objection and his reasons to the board].
44-11          SECTION 26.  Section 36, Private Investigators and Private
44-12    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
44-13    Statutes), is amended to read as follows:
44-14          Sec. 36.  POCKET CARD[: RENEWAL].  [(a)]  A pocket card
44-15    issued to [a noncommissioned security officer shall be issued to
44-16    the individual employee and is valid for four years.  A pocket card
44-17    issued to] any [other] individual registered under Section 32 of
44-18    this Act [shall be issued to the individual's employer and] is
44-19    valid for two years.  The pocket card must state the name of the
44-20    individual who is registered.
44-21          [(b)  On notification from the board the month before
44-22    expiration of the registrant's pocket card, each registrant shall
44-23    file for renewal of registration on a form designed by the board.]
44-24          SECTION 27.  Subchapter C, Private Investigators and Private
44-25    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
44-26    Statutes), is amended by adding Section 36A to read as follows:
44-27          Sec. 36A.  REGISTRATION RENEWAL.  (a)  A person who is
 45-1    otherwise eligible to renew a registration may renew an unexpired
 45-2    registration by paying the required renewal fee to the board before
 45-3    the expiration date of the registration.  A person whose
 45-4    registration has expired may not engage in activities that require
 45-5    a registration until the registration has been renewed.
 45-6          (b)  A person whose registration has been expired for 90 days
 45-7    or less may renew the registration by paying to the board a renewal
 45-8    fee that is equal to 1-1/2 times the normally required renewal fee.
 45-9          (c)  A person whose registration has been expired for more
45-10    than 90 days but less than one year may renew the registration by
45-11    paying to the board a renewal fee that is equal to two times the
45-12    normally required renewal fee.
45-13          (d)  A person whose registration has been expired for one
45-14    year or more may not renew the registration.  The person may obtain
45-15    a new registration by complying with the requirements and
45-16    procedures, including any examination required by the board, for
45-17    obtaining an original registration.
45-18          (e)  A person who was registered in this state, moved to
45-19    another state, and is currently registered and has been in practice
45-20    in the other state for the two years preceding the date of
45-21    application may  obtain a new registration without reexamination.
45-22    The person must pay to the board a fee that is equal to two times
45-23    the normally required renewal fee for the registration.
45-24          (f)  Not later than the 30th day before the date a person's
45-25    registration is scheduled to expire, the board shall send written
45-26    notice of the impending expiration to the person at the person's
45-27    last known address according to the records of the board.
 46-1          SECTION 28.  Section 37, Private Investigators and Private
 46-2    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 46-3    Statutes), is amended to read as follows:
 46-4          Sec. 37.  POCKET CARD[:  RETURN AND] TRANSFER.  [(a)  When an
 46-5    individual to whom a pocket card has been issued under Section 34
 46-6    of this Act terminates his position as a private investigator,
 46-7    manager, branch office manager, alarm systems installer, private
 46-8    security consultant, security sales person, alarm systems monitor,
 46-9    or dog trainer, or as an owner, officer, partner, or shareholder of
46-10    a licensee, the individual shall return his pocket card to the
46-11    licensee on termination of his employment.]
46-12          [(b)  An individual who terminates his position as a
46-13    noncommissioned security officer may retain the pocket card for use
46-14    in future employment as provided by Subsection (c) of this section.]
46-15          [(c)]  An individual who is registered with the board [as a
46-16    noncommissioned security officer] may transfer the registration
46-17    from one employer to another employer if, not later than the 10th
46-18    day after the date on which the registrant begins new employment,
46-19    the new employer notifies the board of the transfer of employment
46-20    on a form prescribed by the board accompanied by the employee
46-21    information update fee.
46-22          SECTION 29.  Subchapter C, Private Investigators and Private
46-23    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
46-24    Statutes), is amended by adding Section 39A to read as follows:
46-25          Sec. 39A.  CRIMINAL HISTORY CHECK.  (a)  The board shall
46-26    conduct a criminal history check, including a check of any criminal
46-27    history record information maintained by the Federal Bureau of
 47-1    Investigation, in the manner provided by Subchapter F, Chapter 411,
 47-2    Government Code, on each applicant for a license, registration,
 47-3    security officer commission, letter of approval, permit, or
 47-4    certification.  An applicant is not eligible for a license,
 47-5    registration, commission, letter of approval, permit, or
 47-6    certification if the check reveals that the applicant has committed
 47-7    an act that constitutes grounds for the denial of the license,
 47-8    registration, commission, letter of approval, permit, or
 47-9    certification.  Each applicant shall include in the application two
47-10    complete sets of fingerprints on forms prescribed by the board
47-11    accompanied by the fee set by the board.
47-12          (b)  Before beginning employment as a commissioned security
47-13    officer, the applicant must be approved by the board based on the
47-14    results of the check conducted under Subsection (a) of this
47-15    section.  To continue employment in a capacity regulated under this
47-16    Act other than as a commissioned security officer, the applicant
47-17    must be approved by the board based on the results of the check
47-18    conducted under Subsection (a) of this section not later than the
47-19    120th day after the date the applicant begins employment in that
47-20    capacity.
47-21          (c)  A license, registration, security officer commission,
47-22    letter of approval, permit, or certification issued by the board is
47-23    conditional on the board's receipt of criminal history record
47-24    information.
47-25          SECTION 30.  Section 44, Private Investigators and Private
47-26    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
47-27    Statutes), is amended by adding Subsections (h) and (i) to read as
 48-1    follows:
 48-2          (h)  A person commits an offense if the person contracts with
 48-3    or is employed by a bondsman as defined by Chapter 550, Acts of the
 48-4    63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
 48-5    Texas Civil Statutes), to secure the appearance of a person who has
 48-6    violated Section 38.10, Penal Code, unless the person is:
 48-7                (1)  a peace officer;
 48-8                (2)  an individual licensed as a private investigator
 48-9    or the manager of a licensed investigations company; or
48-10                (3)  a commissioned security officer.
48-11          (i)  An offense under Subsection (h) of this section is a
48-12    state jail felony.
48-13          SECTION 31.  Subchapter D, Private Investigators and Private
48-14    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
48-15    Statutes), is amended by adding Section 45A to read as follows:
48-16          Sec. 45A.  LICENSE RENEWAL.  (a)  A person who is otherwise
48-17    eligible to renew a license may renew an unexpired license by
48-18    paying the required renewal fee to the board before the expiration
48-19    date of the license.  A person whose license has expired may not
48-20    engage in activities that require a license until the license has
48-21    been renewed.
48-22          (b)  A person whose license has been expired for 90 days or
48-23    less may renew the license by paying to the board a renewal fee
48-24    that is equal to 1-1/2 times the normally required renewal fee.
48-25          (c)  A person whose license has been expired for more than 90
48-26    days but less than one year may renew the license by paying to the
48-27    board a renewal fee that is equal to two times the normally
 49-1    required renewal fee.
 49-2          (d)  A person whose license has been expired for one year or
 49-3    more may not renew the license.  The person may obtain a new
 49-4    license by complying with the requirements and procedures,
 49-5    including the examination requirements,  for obtaining an original
 49-6    license.
 49-7          (e)  A person who was licensed in this state, moved to
 49-8    another state, and is currently licensed and has been in practice
 49-9    in the other state for the two years preceding the date of
49-10    application may  obtain a new license without reexamination.  The
49-11    person must pay to the board a fee that is equal to two times the
49-12    normally required renewal fee for the license.
49-13          (f)  Not later than the 30th day before the date a person's
49-14    license is scheduled to expire, the board shall send written notice
49-15    of the impending expiration to the person at the person's last
49-16    known address according to the records of the board.
49-17          SECTION 32.  Subchapter D, Private Investigators and Private
49-18    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
49-19    Statutes), is amended by adding Section 46A to read as follows:
49-20          Sec. 46A.  STAGGERED RENEWAL; PRORATION OF LICENSE FEE.  The
49-21    board by rule may adopt a system under which licenses expire on
49-22    various dates during the year.  For the year in which the license
49-23    expiration date is changed, the board shall prorate license fees on
49-24    a monthly basis so that each license holder pays only that portion
49-25    of the license fee that is allocable to the number of months during
49-26    which the license is valid.  On renewal of the license on the new
49-27    expiration date, the total license renewal fee is payable.
 50-1          SECTION 33.  Section 49, Private Investigators and Private
 50-2    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 50-3    Statutes), is amended to read as follows:
 50-4          Sec. 49.  NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES
 50-5    [FELONY OR CRIME INVOLVING MORAL TURPITUDE].  The [Texas]
 50-6    Department of Public Safety shall notify the board, and the police
 50-7    department and the sheriff's department of the city and county in
 50-8    which [wherein] any person licensed, commissioned, or registered
 50-9    under this Act resides, of the conviction of such person for a
50-10    Class B misdemeanor or equivalent offense or a greater offense
50-11    [felony or a crime involving moral turpitude].
50-12          SECTION 34.  Section 50A, Private Investigators and Private
50-13    Security Agencies Act  (Article 4413(29bb), Vernon's Texas Civil
50-14    Statutes), is amended to read as follows:
50-15          Sec. 50A.  COMPLAINTS.  (a)  The board shall maintain a file
50-16    on each written complaint filed with the board.  The file must
50-17    include:
50-18                (1)  the name of the person who filed the complaint;
50-19                (2)  the date the complaint is received by the board;
50-20                (3)  the subject matter of the complaint;
50-21                (4)  the name of each person contacted in relation to
50-22    the complaint;
50-23                (5)  a summary of the results of the review or
50-24    investigation of the complaint; and
50-25                (6)  an explanation of the reason the file was closed,
50-26    if the agency closed the file without taking action other than to
50-27    investigate the complaint [keep an information file about each
 51-1    complaint filed with the board relating to a person regulated by
 51-2    the board].
 51-3          (b)  The board shall provide to the person filing the
 51-4    complaint and to each person who is a subject of the complaint a
 51-5    copy of the board's policies and procedures relating to complaint
 51-6    investigation and resolution.
 51-7          (c)  The board, at least quarterly until final disposition of
 51-8    the complaint, shall notify the person filing the complaint and
 51-9    each person who is a subject of the complaint of the status of the
51-10    investigation unless the notice [If a written complaint is filed
51-11    with the board relating to a person regulated by the board, the
51-12    board, at least as frequently as quarterly, shall notify the
51-13    parties to the complaint of the status of the complaint until final
51-14    disposition unless the notification] would jeopardize an undercover
51-15    investigation.
51-16          SECTION 35.  The Private Investigators and Private Security
51-17    Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
51-18    amended by adding Subchapter E to read as follows:
51-19                   SUBCHAPTER E.  ADMINISTRATIVE PENALTY
51-20          Sec. 61.  IMPOSITION OF PENALTY.  In addition to any other
51-21    disciplinary action taken by the board, the board may impose an
51-22    administrative penalty on a person licensed, commissioned, or
51-23    registered under this Act who violates this Act or a rule or order
51-24    adopted under this Act.
51-25          Sec. 62.  AMOUNT OF PENALTY.  (a)  Each day a violation
51-26    continues or occurs is a separate violation for purposes of
51-27    imposing a penalty. The amount of each separate violation may not
 52-1    exceed $200.
 52-2          (b)  The amount of a violation shall be based on:
 52-3                (1)  the seriousness of the violation, including the
 52-4    nature, circumstances, extent, and gravity of the violation;
 52-5                (2)  the economic harm to property or the public caused
 52-6    by the violation;
 52-7                (3)  the history of previous violations;
 52-8                (4)  the amount necessary to deter a future violation;
 52-9                (5)  efforts to correct the violation; and
52-10                (6)  any other matter that justice may require.
52-11          Sec. 63.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)
52-12    If the director determines that a violation occurred, the director
52-13    may issue to the board a report stating:
52-14                (1)  the facts on which the determination is based; and
52-15                (2)  the director's recommendation on the imposition of
52-16    the penalty, including a recommendation on the amount of the
52-17    penalty.
52-18          (b)  Not later than the 14th day after the date the report is
52-19    issued, the director shall give written notice of the report to the
52-20    person.
52-21          (c)  The notice must:
52-22                (1)  include a brief summary of the alleged violation;
52-23                (2)  state the amount of the recommended penalty; and
52-24                (3)  inform the person of the person's right to a
52-25    hearing on the occurrence of the violation, the amount of the
52-26    penalty, or both.
52-27          Sec. 64.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not
 53-1    later than the 20th day after the date the person receives the
 53-2    notice, the person in writing may:
 53-3                (1)  accept the determination and recommended penalty
 53-4    of the director; or
 53-5                (2)  make a request for a hearing on the occurrence of
 53-6    the violation, the amount of the penalty, or both.
 53-7          (b)  If the person accepts the determination and recommended
 53-8    penalty of the director, the board by order shall approve the
 53-9    determination and impose the recommended penalty.
53-10          Sec. 65.  HEARING.  (a)  If the person requests a hearing or
53-11    fails to respond in a timely manner to the notice, the director
53-12    shall set a hearing and give written notice of the hearing to the
53-13    person.  An administrative law judge of the State Office of
53-14    Administrative Hearings shall hold the hearing.
53-15          (b)  The administrative law judge shall make findings of fact
53-16    and conclusions of law and promptly issue to the board a proposal
53-17    for a decision about the occurrence of the violation and the amount
53-18    of a proposed penalty.
53-19          Sec. 66.  DECISION BY BOARD.  (a)  Based on the findings of
53-20    fact, conclusions of law, and proposal for a decision, the board by
53-21    order may:
53-22                (1)  find that a violation occurred and impose a
53-23    penalty; or
53-24                (2)  find that a violation did not occur.
53-25          (b)  The notice of the board's order given to the person must
53-26    include a statement of the right of the person to judicial review
53-27    of the order.
 54-1          Sec. 67.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  Not
 54-2    later than the 30th day after the date the board's order becomes
 54-3    final, the person shall:
 54-4                (1)  pay the penalty; or
 54-5                (2)  file a petition for judicial review contesting the
 54-6    occurrence of the violation, the amount of the penalty, or both.
 54-7          Sec. 68.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the
 54-8    30-day period prescribed by Section 67 of this Act, a person who
 54-9    files a petition for judicial review may:
54-10                (1)  stay enforcement of the penalty by:
54-11                      (A)  paying the penalty to the court for
54-12    placement in an escrow account; or
54-13                      (B)  giving the court a supersedeas bond approved
54-14    by the court that:
54-15                            (i)  is for the amount of the penalty; and
54-16                            (ii)  is effective until all judicial
54-17    review of the board's order is final; or
54-18                (2)  request the court to stay enforcement of the
54-19    penalty by:
54-20                      (A)  filing with the court a sworn affidavit of
54-21    the person stating that the person is financially unable to pay the
54-22    penalty and is financially unable to give the supersedeas bond; and
54-23                      (B)  giving a copy of the affidavit to the
54-24    director by certified mail.
54-25          (b)  If the director receives a copy of an affidavit under
54-26    Subsection (a)(2) of this section, the director may file with the
54-27    court, not later than the fifth day after the date the copy is
 55-1    received, a contest to the affidavit.  The court shall hold a
 55-2    hearing on the facts alleged in the affidavit as soon as
 55-3    practicable and shall stay the enforcement of the penalty on
 55-4    finding that the alleged facts are true.  The person who files an
 55-5    affidavit has the burden of proving that the person is financially
 55-6    unable to pay the penalty and to give a supersedeas bond.
 55-7          Sec. 69.  COLLECTION OF PENALTY.  (a)  If the person does not
 55-8    pay the penalty and the enforcement of the penalty is not stayed,
 55-9    the penalty may be collected.
55-10          (b)  The attorney general may sue to collect the penalty.
55-11          Sec. 70.  DECISION BY COURT.  (a)  If the court sustains the
55-12    finding that a violation occurred, the court may uphold or reduce
55-13    the amount of the penalty and order the person to pay the full or
55-14    reduced amount of the penalty.
55-15          (b)  If the court does not sustain the finding that a
55-16    violation occurred, the court shall order that a penalty is not
55-17    owed.
55-18          Sec. 71.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the
55-19    person paid the penalty and if the amount of the penalty is reduced
55-20    or the penalty is not upheld by the court, the court shall order,
55-21    when the court's judgment becomes final, that the appropriate
55-22    amount plus accrued interest be remitted to the person.
55-23          (b)  The interest accrues at the rate charged on loans to
55-24    depository institutions by the New York Federal Reserve Bank.
55-25          (c)  The interest shall be paid for the period beginning on
55-26    the date the penalty is paid and ending on the date the penalty is
55-27    remitted.
 56-1          Sec. 72.  RELEASE OF BOND.  (a)  If the person gave a
 56-2    supersedeas bond and the penalty is not upheld by the court, the
 56-3    court shall order, when the court's judgment becomes final, the
 56-4    release of the bond.
 56-5          (b)  If the person gave a supersedeas bond and the amount of
 56-6    the penalty is reduced, the court shall order the release of the
 56-7    bond after the person pays the reduced amount.
 56-8          Sec. 73.  ADMINISTRATIVE PROCEDURE.  A proceeding to impose
 56-9    the penalty is considered to be a contested case under Chapter
56-10    2001, Government Code.
56-11          SECTION 36.  Section 411.042(b), Government Code, is amended
56-12    to read as follows:
56-13          (b)  The bureau of identification and records shall:
56-14                (1)  procure and file for record photographs, pictures,
56-15    descriptions, fingerprints, measurements, and other pertinent
56-16    information of all persons arrested for or charged with a criminal
56-17    offense or convicted of a criminal offense, regardless of whether
56-18    the conviction is probated;
56-19                (2)  collect information concerning the number and
56-20    nature of offenses reported or known to have been committed in the
56-21    state and the legal steps taken in connection with the offenses,
56-22    and other information useful in the study of crime and the
56-23    administration of justice, including a statistical breakdown of
56-24    those offenses in which family violence was involved;
56-25                (3)  make ballistic tests of bullets and firearms and
56-26    chemical analyses of bloodstains, cloth, materials, and other
56-27    substances for law enforcement officers of the state;
 57-1                (4)  cooperate with identification and crime records
 57-2    bureaus in other states and the United States Department of
 57-3    Justice; [and]
 57-4                (5)  maintain a list of all previous background checks
 57-5    for applicants for any position regulated under the Private
 57-6    Investigators and Private Security Agencies Act (Article
 57-7    4413(29bb), Vernon's Texas Civil Statutes) who have undergone a
 57-8    criminal history background check under Section 411.119, if the
 57-9    check indicates a Class B misdemeanor or equivalent offense or a
57-10    greater offense; and
57-11                (6)  collect information concerning the number and
57-12    nature of protective orders and all other pertinent information
57-13    about all persons on active protective orders.  Information in the
57-14    law enforcement information system relating to an active protective
57-15    order shall include:
57-16                      (A)  the name, sex, race, date of birth, personal
57-17    descriptors, address, and county of residence of the person to whom
57-18    the order is directed;
57-19                      (B)  any known identifying number of the person
57-20    to whom the order is directed, including the person's social
57-21    security number or driver's license number;
57-22                      (C)  the name and county of residence of the
57-23    person protected by the order;
57-24                      (D)  the residence address and place of
57-25    employment or business of the person protected by the order, unless
57-26    that information is excluded from the order under Section 85.007
57-27    [71.111], Family Code;
 58-1                      (E)  the child-care facility or school where a
 58-2    child protected by the order normally resides or which the child
 58-3    normally attends, unless that information is excluded from the
 58-4    order under  Section 85.007 [71.111], Family Code;
 58-5                      (F)  the relationship or former relationship
 58-6    between the person who is protected by the order and the person to
 58-7    whom the order is directed; and
 58-8                      (G)  the date the order expires.
 58-9          SECTION 37.  Section 411.119, Government Code, is amended to
58-10    read as follows:
58-11          Sec. 411.119.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
58-12    TEXAS BOARD OF PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES.
58-13    The Texas Board of Private Investigators and Private Security
58-14    Agencies is entitled to obtain from the department criminal history
58-15    record information maintained by the department, including
58-16    information maintained under Section 411.042(b)(5), that relates to
58-17    [a person who is]:
58-18                (1)  an applicant for a license, registration, [or]
58-19    security officer commission, letter of approval, permit, or handgun
58-20    instructor certification under the Private Investigators and
58-21    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
58-22    Civil Statutes); or
58-23                (2)  a person who holds a license, registration,
58-24    security officer commission, letter of approval, permit, or handgun
58-25    instructor certification under the Private Investigators and
58-26    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
58-27    Civil Statutes) [an applicant for a position regulated under that
 59-1    Act].
 59-2          SECTION 38.  (a)  The Texas Board of Private Investigators
 59-3    and Private Security Agencies is a criminal justice agency for the
 59-4    sole purpose of directly obtaining criminal history records
 59-5    maintained by the Federal Bureau of Investigation.
 59-6          (b)  As soon as practicable after the effective date of this
 59-7    Act, the director of the Texas Board of Private Investigators and
 59-8    Private Security Agencies shall request from the appropriate
 59-9    official at the United States Department of Justice  a
59-10    determination letter as to whether the Texas Board of Private
59-11    Investigators and Private Security Agencies is recognized as a
59-12    criminal justice agency for the sole purpose  of directly obtaining
59-13    criminal history records maintained by the Federal Bureau of
59-14    Investigation.
59-15          (c)  On receipt of the letter requested under Subsection (b)
59-16    of this section, the director of the Texas Board of Private
59-17    Investigators and Private Security Agencies shall give the letter
59-18    to the secretary of state for publication in the Texas Register.
59-19          (d)  Notwithstanding Section 39A, Private Investigators and
59-20    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
59-21    Civil Statutes), as added by this Act, if the letter requested
59-22    under Subsection (b) of this section grants recognition as a
59-23    criminal justice agency for the purpose  of directly obtaining
59-24    criminal history records maintained by the Federal Bureau of
59-25    Investigation, the Texas Board of Private Investigators and Private
59-26    Security Agencies shall directly request from the Federal Bureau of
59-27    Investigation criminal history records maintained by the Federal
 60-1    Bureau of Investigation rather than making requests through the
 60-2    Department of Public Safety as authorized by Section 411.087,
 60-3    Government Code.
 60-4          (e)  If the letter requested under Subsection (b) of this
 60-5    section does not grant recognition as a criminal justice agency for
 60-6    the purpose  of directly obtaining criminal history records
 60-7    maintained by the Federal Bureau of Investigation, this section has
 60-8    no effect.
 60-9          SECTION 39.  (a)  For the purpose of compliance with Section
60-10    5(a), Private Investigators and Private Security Agencies Act
60-11    (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended by
60-12    this Act, the governor shall appoint three additional members to
60-13    the Texas Board of Private Investigators and Private Security
60-14    Agencies in accordance with this section.
60-15          (b)  The governor shall appoint two public members and one
60-16    person who is qualified under Section 5(a)(5), Private
60-17    Investigators and Private Security Agencies Act (Article
60-18    4413(29bb), Vernon's Texas Civil Statutes), as added by this Act.
60-19    The governor shall appoint the person who is qualified under
60-20    Section 5(a)(5), Private Investigators and Private Security
60-21    Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes),
60-22    as added by this Act, to a term expiring January 31, 2001.  The
60-23    governor shall appoint one public member to a term expiring January
60-24    31, 2003, and one public member to a term expiring January 31,
60-25    2005.
60-26          SECTION 40.  (a)  For the purpose of compliance with Section
60-27    5(a), Private Investigators and Private Security Agencies Act
 61-1    (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended by
 61-2    this Act, the governor shall appoint members to the Texas Board of
 61-3    Private Investigators and Private Security Agencies, to fill a
 61-4    vacancy or as terms expire, in accordance with this section.
 61-5          (b)  In appointing members to the two positions that, before
 61-6    the effective date of this Act, were held by members who were
 61-7    private investigators or security service contractors, the governor
 61-8    shall appoint one member who is a licensed private investigator and
 61-9    one member who is a licensed alarm systems company.
61-10          SECTION 41.  The changes in law made by this Act to Section
61-11    5(a), Private Investigators and Private Security Agencies Act
61-12    (Article 4413(29bb), Vernon's Texas  Civil Statutes), do not affect
61-13    the entitlement of an appointed member of the Texas Board of
61-14    Private Investigators and Private Security Agencies serving on the
61-15    board immediately before the effective date of this Act to continue
61-16    to serve on the board for the remainder of the member's term  or to
61-17    serve in a holdover capacity until a successor is appointed and
61-18    takes office.  This Act does not prohibit a board member from
61-19    being reappointed to the board if the person has the qualifications
61-20    required by the Private Investigators and Private Security Agencies
61-21    Act (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended
61-22    by this Act.
61-23          SECTION 42.  (a)  On and after January 1, 2000, the State
61-24    Office of Administrative Hearings shall assume responsibility for
61-25    hearings, other than on any summary suspension or summary denial of
61-26    applications, held with respect to contested cases arising under
61-27    the Private Investigators and Private Security Agencies Act
 62-1    (Article 4413(29bb), Vernon's Texas Civil Statutes), and the chief
 62-2    administrative law judge of the State Office of Administrative
 62-3    Hearings may agree to a transfer of contested cases pending before
 62-4    the Texas Board of Private Investigators and Private Security
 62-5    Agencies to the State Office of Administrative Hearings before
 62-6    January 1, 2000.
 62-7          (b)  This Act does not require a transfer of any personnel
 62-8    from the Texas Board of Private Investigators and Private Security
 62-9    Agencies to the State Office of Administrative Hearings.
62-10          SECTION 43.  Section 11B, Private Investigators and Private
62-11    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
62-12    Statutes), as amended by this Act, and Section 11E, as added by
62-13    this Act, apply only to a disciplinary action that is initiated on
62-14    or after the effective date of this Act.  A disciplinary action
62-15    that is initiated before the effective date of this Act is governed
62-16    by the law in effect on the date the disciplinary action is
62-17    initiated, and that law is continued in effect for that purpose.
62-18          SECTION 44.  Section 14(a), Private Investigators and Private
62-19    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
62-20    Statutes), as amended by this Act, and Section 14(a-1), Private
62-21    Investigators and Private Security Agencies Act (Article
62-22    4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
62-23    apply only to a license application filed on or after the effective
62-24    date of this Act.  A license application that is filed before the
62-25    effective date of this Act is governed by the law in effect on the
62-26    date the license application is filed, and that law is continued in
62-27    effect for that purpose.
 63-1          SECTION 45.  Section 17, Private Investigators and Private
 63-2    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 63-3    Statutes), as amended by this Act, applies only to a
 63-4    noncommissioned security officer registration  that expires on or
 63-5    after the effective date of this Act.  A noncommissioned security
 63-6    officer registration that expires before the effective date of this
 63-7    Act is governed by the law in effect on the date the registration
 63-8    expires, and that law is continued in effect for that purpose.
 63-9          SECTION 46.  Sections 19(g) and 20, Private Investigators and
63-10    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
63-11    Civil Statutes), as amended by this Act, apply only to an
63-12    application for a security officer commission filed on or after the
63-13    effective date of this Act.  An application for a security officer
63-14    commission that is filed before the effective date of this Act is
63-15    governed by the law in effect on the date the application is filed,
63-16    and that law is continued in effect for that purpose.
63-17          SECTION 47.  Sections 20A and 20C, Private Investigators and
63-18    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
63-19    Civil Statutes), as added by this Act, apply only to an application
63-20    for a firearm training instructor who seeks certification on or
63-21    after the effective date of this Act.  A firearm training
63-22    instructor who has approval of the board immediately before the
63-23    effective date of this Act may continue to instruct until the
63-24    earlier of the expiration date of the term of the approval or
63-25    September 1, 2001, and the former law is continued in effect for
63-26    that purpose.
63-27          SECTION 48.  Section 36(a), Private Investigators and Private
 64-1    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 64-2    Statutes), as amended by this Act, applies only to a pocket card
 64-3    issued on or after the effective date of this Act.  A pocket card
 64-4    issued before the effective date of this Act is governed by the law
 64-5    in effect on the date the pocket card is issued, and that law is
 64-6    continued in effect for that purpose.
 64-7          SECTION 49.  Sections 36A and 45A, Private Investigators and
 64-8    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
 64-9    Civil Statutes), as added by this Act, apply only to the renewal of
64-10    a license or registration that expires on or after the effective
64-11    date of this Act.  The renewal of a license or registration that
64-12    expires before the effective date of this Act is governed by the
64-13    law in effect immediately before the effective date of this Act,
64-14    and that law is continued in effect for that purpose.
64-15          SECTION 50.  Section 39A, Private Investigators and Private
64-16    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
64-17    Statutes), as added by this Act, applies only to a request for a
64-18    criminal history record for an application filed on or after the
64-19    effective date of this Act.  A request for a criminal history
64-20    record for an application filed before the effective date of this
64-21    Act is governed by the law in effect on the date the application is
64-22    filed, and that law is continued in effect for that purpose.
64-23          SECTION 51.  (a)  Sections 44(h) and (i), Private
64-24    Investigators and Private Security Agencies Act (Article
64-25    4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
64-26    apply only to an offense committed on or after the effective date
64-27    of this Act.  For purposes of this section, an offense is committed
 65-1    before the effective date of this Act if any element of the offense
 65-2    occurs before that date.
 65-3          (b)  An offense committed before the effective date of this
 65-4    Act is covered by the law in effect when the offense was committed,
 65-5    and the former law is continued in effect for that purpose.
 65-6          SECTION 52.  Subchapter E, Private Investigators and Private
 65-7    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 65-8    Statutes), as added by this Act, applies only to a violation of
 65-9    this Act or a rule or order adopted under this Act if that
65-10    violation occurs on or after the effective date of this Act.  A
65-11    violation that occurs before the effective date of this Act is
65-12    governed by the law in effect on the date the violation occurred,
65-13    and that law is continued in effect for that purpose.
65-14          SECTION 53.  The following provisions of the Private
65-15    Investigators and Private Security Agencies Act (Article
65-16    4413(29bb), Vernon's Texas Civil Statutes), are repealed:
65-17                (1)  Section 9;
65-18                (2)  Sections 15(e) and (f);
65-19                (3)  Sections 19(h) and (j);
65-20                (4)  Section 33(d);
65-21                (5)  Section 38;
65-22                (6)  Section 39;
65-23                (7)  Sections 45(c)-(i); and
65-24                (8)  Section 46.
65-25          SECTION 54.  This Act takes effect September 1, 1999.
65-26          SECTION 55.  The importance of this legislation and the
65-27    crowded condition of the calendars in both houses create an
 66-1    emergency and an imperative public necessity that the
 66-2    constitutional rule requiring bills to be read on three several
 66-3    days in each house be suspended, and this rule is hereby suspended.