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.