1-1     By:  Bosse (Senate Sponsor - Harris)                  H.B. No. 2617
 1-2           (In the Senate - Received from the House April 21, 1999;
 1-3     April 22, 1999, read first time and referred to Committee on
 1-4     Criminal Justice; May 10, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     May 10, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2617                  By:  Duncan
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the continuation of the Texas Board of Private
1-11     Investigators and Private Security Agencies as the Texas Commission
1-12     on Private Security and to the functions performed by that agency;
1-13     providing a penalty.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Section 1, Private Investigators and Private
1-16     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-17     Statutes), is amended to read as follows:
1-18           Sec. 1.  SHORT TITLE.  This Act may be cited as the Private
1-19     Security Act.  Any reference in law to the Private Investigators
1-20     and Private Security Agencies Act is a reference to the Private
1-21     Security Act.
1-22           SECTION 2.  Section 2, Private Investigators and Private
1-23     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-24     Statutes), is amended by amending Subdivisions (1), (4), (5), and
1-25     (33) and by adding Subdivision (37) to read as follows:
1-26                 (1)  "Board" means the Texas Commission on Private
1-27     Security [Texas Board of Private Investigators and Private Security
1-28     Agencies].
1-29                 (4)  "Guard company" means any person employing an
1-30     individual described by Section 3(f) of this Act or engaging in the
1-31     business of or undertaking to provide a private watchman, guard, or
1-32     street patrol service on a contractual basis for another person and
1-33     performing any one or more of the following or similar functions:
1-34                       (a)  prevention of intrusion, entry, larceny,
1-35     vandalism, abuse, fire, or trespass on private property;
1-36                       (b)  prevention, observation, or detection of any
1-37     unauthorized activity on private property;
1-38                       (c)  control, regulation, or direction of the
1-39     flow or movements of the public, whether by vehicle or otherwise,
1-40     only to the extent and for the time directly and specifically
1-41     required to assure the protection of property;
1-42                       (d)  protection of individuals from bodily harm;
1-43     or
1-44                       (e)  protection of one or more individuals from
1-45     bodily harm through the use of a personal protection officer.
1-46                 (5)  "Alarm systems company" means any person that
1-47     sells, installs, services, monitors, or responds to alarm systems,
1-48     burglar  alarm signal devices, detection devices, burglar alarms,
1-49     robbery alarms, television cameras, or still cameras used to signal
1-50     the presence of an emergency to which law enforcement or emergency
1-51     services are expected to respond [, or any other electrical,
1-52     mechanical, or electronic device used:]
1-53                       [(A)  to prevent or detect burglary, theft,
1-54     robbery, shoplifting, pilferage, shrinkage, or other losses of that
1-55     type;]
1-56                       [(B)  to prevent or detect intrusion; or]
1-57                       [(C)  primarily to detect or summon aid for other
1-58     emergencies].
1-59                 (33)  "Detection device" means an electronic device
1-60     used as a part of a burglar or hold-up alarm including any control,
1-61     communications, motion detector, door or window switch, sound
1-62     detector, vibration detector, light beam, pressure mat, wiring, or
1-63     similar device [; or any electronic device used to limit access by
1-64     persons into building structures or gate compounds, including any
 2-1     control, communications, motion detector, door or window switch,
 2-2     card or proximity readers, push-button key pad entry, gate entry
 2-3     device, door exit buttons, or similar device].
 2-4                 (37)  "Private security consultant" means an individual
 2-5     who:
 2-6                       (A)  consults, advises, trains, or specifies or
 2-7     recommends products, services, methods, or procedures in the
 2-8     security loss prevention industry;
 2-9                       (B)  provides a service described by Paragraph
2-10     (A) of this subdivision on an independent basis and without being
2-11     affiliated with a particular service or product; and
2-12                       (C)  meets the experience requirements
2-13     established by the board.
2-14           SECTION 3.  Section 3, Private Investigators and Private
2-15     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
2-16     Statutes), is amended by amending Subsection (a) and adding
2-17     Subsection (f) to read as follows:
2-18           (a)  This Act does not apply to:
2-19                 (1)  a person employed exclusively and regularly by one
2-20     employer in connection with the affairs of an employer only and
2-21     where there exists an employer-employee relationship; provided,
2-22     however, any person who shall carry a firearm in the course of the
2-23     [his] employment shall be required to obtain a private security
2-24     officer commission under the provisions of this Act;
2-25                 (2)  except as provided by Subsection (d) of this
2-26     Section, an officer or employee of the United States of America, or
2-27     of this State or political subdivision of either, while the
2-28     employee or officer is engaged in the performance of official
2-29     duties;
2-30                 (3)  a person who has full-time employment as a peace
2-31     officer, who receives compensation for private employment on an
2-32     individual or an independent contractor basis as a patrolman,
2-33     guard, or watchman, or, in a municipality with a poulation of 1
2-34     million or more, as an extra job coordinator, if the officer:
2-35                       (A)  is employed in an employee-employer
2-36     relationship or employed on an individual contractual basis;
2-37                       (B)  is not in the employ of another peace
2-38     officer;
2-39                       (C)  is not a reserve peace officer; and
2-40                       (D)  works as a peace officer on the average of
2-41     at least 32 hours a week, is compensated by the state or a
2-42     political subdivision of the state at the rate of the minimum wage
2-43     or higher, and is entitled to all employee benefits offered to a
2-44     peace officer by the state or political subdivision;
2-45                 (4)  a person engaged exclusively in the business of
2-46     obtaining and furnishing information for purposes of credit
2-47     worthiness, [or] collecting debts, or ascertaining the reliability
2-48     of information provided by [financial responsibility of] applicants
2-49     for property, life, or disability insurance and for indemnity or
2-50     surety bonds, with respect to persons, firms, and corporations;
2-51                 (5)  an attorney while engaged in the practice of law
2-52     [attorney-at-law in performing his duties];
2-53                 (6)  admitted insurers, insurance adjusters, agents,
2-54     and insurance brokers licensed by the State, performing duties in
2-55     connection with insurance transacted by them;
2-56                 (7)  a person who engages exclusively in the business
2-57     of repossessing property that is secured by a mortgage or other
2-58     security interest;
2-59                 (8)  a locksmith who does not install or service
2-60     detection devices, does not conduct investigations, and is not a
2-61     security service contractor;
2-62                 (9)  a person who owns and installs burglar detection
2-63     or alarm devices on the person's [his] own property or, if the
2-64     person [he] does not charge for the device or its installation,
2-65     installs it for the protection of the person's [his] personal
2-66     property located on another's property, and does not install the
2-67     devices as a normal business practice on the property of another;
2-68                 (10)  an employee of a cattle association who is
2-69     engaged in inspection of brands of livestock under the authority
 3-1     granted to that cattle association by the Packers and Stockyards
 3-2     Division of the United States Department of Agriculture;
 3-3                 (11)  a common carrier by rail engaged in interstate
 3-4     commerce and regulated by state and federal authorities and
 3-5     transporting commodities essential to the national defense and to
 3-6     the general welfare and safety of the community;
 3-7                 (12)  a licensed [registered] professional engineer
 3-8     practicing engineering or directly supervising engineering practice
 3-9     in accordance with the provisions of the Texas Engineering Practice
3-10     Act, including [that does not install or service detection devices,
3-11     does not conduct nonengineering investigations, is performing]
3-12     forensic analysis [engineering studies], burglar alarm system
3-13     engineering, and necessary data collection [and is not a security
3-14     services contractor];
3-15                 (13)  a person whose sale of burglar alarm signal
3-16     devices, burglary alarms, television cameras, still cameras, or
3-17     other electrical, mechanical, or electronic devices used for
3-18     preventing or detecting burglary, theft, shoplifting, pilferage, or
3-19     other losses is exclusively over-the-counter or by mail order;
3-20                 (14)  a person who holds a license or other form of
3-21     permission issued by an incorporated city or town to practice as an
3-22     electrician and who installs fire or smoke detectors in no building
3-23     other than a single family or multifamily residence;
3-24                 (15)  a person or organization in the business of
3-25     building construction that installs electrical wiring and devices
3-26     that may include in part the installation of a burglar alarm or
3-27     detection device if:
3-28                       (A)  the person or organization is a party to a
3-29     contract that provides that the installation will be performed
3-30     under the direct supervision of and inspected and certified by a
3-31     person or organization licensed to install and certify such an
3-32     alarm or detection device and that the licensee assumes full
3-33     responsibility for the installation of the alarm or detection
3-34     device; and
3-35                       (B)  the person or organization does not service
3-36     or maintain burglar alarms or detection devices;
3-37                 (16)  a reserve peace officer while the reserve officer
3-38     is performing guard, patrolman, or watchman duties for a county and
3-39     is being compensated solely by that county;
3-40                 (17)  response to a burglar alarm or detection device
3-41     by a law enforcement agency or by a law enforcement officer acting
3-42     in an official capacity;
3-43                 (18)  [a person who, by education, experience, or
3-44     background has specialized expertise or knowledge such as that
3-45     which would qualify or tend to qualify such person as an expert
3-46     witness, authorized to render opinions in proceedings conducted in
3-47     a court, administrative agency, or governing body of this state or
3-48     of the United States, in accordance with applicable rules and
3-49     regulations and who does not perform any other service for which a
3-50     license is required by provisions of this Act;]
3-51                 [(19)]  an officer, employee, or agent of a common
3-52     carrier, as defined by Section 153 [153(10)], Communications Act of
3-53     1934 (47 U.S.C. Section 153 [U.S.C.A. Sec. 151 et seq.]), and its
3-54     subsequent amendments, while protecting the carrier or a user of
3-55     the carrier's long-distance services from a fraudulent, unlawful,
3-56     or abusive use of those long-distance services;
3-57                 (19) [(20)]  a person who sells or installs automobile
3-58     burglar alarm devices and that does not perform any other act that
3-59     requires a license under this Act;
3-60                 (20) [(21)]  a manufacturer, or a manufacturer's
3-61     authorized distributor, who sells to the holder of a license under
3-62     this Act equipment used in the operations for which the holder is
3-63     required to be licensed;
3-64                 (21) [(22)]  a person employed as a noncommissioned
3-65     security officer by a political subdivision of this state;
3-66                 (22) [(23)]  a person whose activities are regulated
3-67     under Article 5.43-2, Insurance Code, except to the extent that
3-68     those activities are specifically regulated under this Act;
3-69                 (23) [(24)]  a landman performing activities in the
 4-1     course and scope of the landman's business;
 4-2                 (24) [(25)]  a hospital or a wholly owned subsidiary or
 4-3     affiliate of a hospital that provides medical alert services for
 4-4     persons who are sick or disabled, if the hospital, subsidiary, or
 4-5     affiliate is licensed under Chapter 241, Health and Safety Code,
 4-6     and the hospital does not perform any other service that requires a
 4-7     license under this Act;
 4-8                 (25) [(26)]  a charitable, nonprofit organization that
 4-9     provides medical alert services for persons who are sick or
4-10     disabled, if the organization:
4-11                       (A)  is exempt from federal taxation under
4-12     Section 501(a) of the Internal Revenue Code of 1986, and its
4-13     subsequent amendments, by being listed as an exempt entity under
4-14     Section 501(c)(3) of that code[, Internal Revenue Code of 1986];
4-15                       (B)  has its monitoring services provided by a
4-16     licensed person, licensed nurse, licensed physician assistant, or
4-17     hospital or a wholly owned subsidiary or affiliate of a hospital
4-18     licensed under Chapter 241, Health and Safety Code; and
4-19                       (C)  does not perform any other service that
4-20     requires a license under this Act;
4-21                 (26) [(27)]  a person engaged in the business of
4-22     electronic monitoring of a person as a condition of that person's
4-23     probation, parole, mandatory supervision, or release on bail, if
4-24     the person does not perform any other service that requires a
4-25     license under this Act;
4-26                 (27) [(28)]  a nonprofit business or civic organization
4-27     that:
4-28                       (A)  employs one or more peace officers meeting
4-29     the qualifications of Subdivision (3) of this subsection as
4-30     patrolmen, guards, or watchmen;
4-31                       (B)  provides the services of these peace
4-32     officers only to:
4-33                             (i)  its members; or
4-34                             (ii)  if the organization does not have
4-35     members, the members of the communities served by the organization
4-36     as described in its articles of incorporation or other
4-37     organizational documents;
4-38                       (C)  devotes the net receipts from all charges
4-39     for the services exclusively to the cost of providing the services
4-40     or to the costs of other services for the enhancement of the
4-41     security or safety of:
4-42                             (i)  its members; or
4-43                             (ii)  if the organization does not have
4-44     members, the members of the communities served by the organization
4-45     as described in its articles of incorporation or other
4-46     organizational documents; and
4-47                       (D)  does not perform any other service that
4-48     requires a license under this Act;
4-49                 (28) [(29)]  a charitable, nonprofit organization that
4-50     maintains a system of records to aid in the location of missing
4-51     children if the organization:
4-52                       (A)  is exempt from federal taxation under
4-53     Section 501(a) of the Internal Revenue Code of 1986, and its
4-54     subsequent amendments, by being listed as an exempt entity under
4-55     Section 501(c)(3) of that code[, Internal Revenue Code of 1986, and
4-56     its subsequent amendments];
4-57                       (B)  exclusively provides services related to
4-58     locating missing children; and
4-59                       (C)  does not perform any other service that
4-60     requires a license under this Act;
4-61                 (29) [(30)]  a person engaged in the business of
4-62     psychological testing or other testing and interviewing services
4-63     (to include but not limited to attitudes, honesty, intelligence,
4-64     personality, and skills) for preemployment purposes, if the person
4-65     does not perform any other service that requires a license under
4-66     this Act;
4-67                 (30) [(31)]  a person who does not perform any other
4-68     act that requires a license under this Act, and who is engaged in
4-69     obtaining information classified as a public record under Chapter
 5-1     552, Government Code, regardless of whether for compensation,
 5-2     unless the person is a full-time employee, as defined by Section
 5-3     61.001, Labor Code, of a person licensed under this Act; [or]
 5-4                 (31) [(32)]  a person who obtains a document for use in
 5-5     litigation under an authorization or subpoena issued for a written
 5-6     or oral deposition;
 5-7                 (32)  a person who is employed full-time by and is
 5-8     commissioned as a campus security personnel employee by a private
 5-9     institution of higher education under Section 51.212, Education
5-10     Code; or
5-11                 (33)  a peace officer commissioned by an incorporated
5-12     municipality who is hired under Section 51.212, Education Code, on
5-13     a regular basis by a private institution of higher education while
5-14     that peace officer is operating within the scope of the peace
5-15     officer's employment with the institution of higher education.
5-16           (f)  Notwithstanding Subsection (a)(1) of this section, this
5-17     Act applies to an individual who:
5-18                 (1)  works at a location that is open to the public;
5-19     and
5-20                 (2)  in the course of employment:
5-21                       (A)  regularly comes into contact with the
5-22     public; and
5-23                       (B)  wears a uniform with any type of badge
5-24     commonly associated with security personnel or law enforcement or a
5-25     patch or apparel with "security" or the name of the employer on the
5-26     patch or apparel.
5-27           SECTION 4.  Section 4(d), Private Investigators and Private
5-28     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
5-29     Statutes), is amended to read as follows:
5-30           (d)  The Texas Commission on Private Security [Texas Board of
5-31     Private Investigators and Private Security Agencies] is subject to
5-32     Chapter 325, Government Code (Texas Sunset Act).  Unless continued
5-33     in existence as provided by that chapter, the commission [board] is
5-34     abolished and this Act expires September 1, 2009 [1999].
5-35           SECTION 5.  Subchapter B, Private Investigators and Private
5-36     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
5-37     Statutes), is amended by adding Section 4A and by amending Section
5-38     5 to read as follows:
5-39           Sec. 4A.  NAME CHANGE.  The name of the Texas Board of
5-40     Private Investigators and Private Security Agencies is changed to
5-41     the Texas Commission on Private Security.  A reference in this Act
5-42     or other law to the Texas Board of Private Investigators and
5-43     Private Security Agencies means the Texas Commission on Private
5-44     Security.
5-45           Sec. 5.  COMMISSION [BOARD] MEMBERSHIP.  (a)  The Texas
5-46     Commission on Private Security is composed of an ex officio member
5-47     as provided by Section 5A of this Act and nine members appointed by
5-48     the governor with the advice and consent of the senate as follows:
5-49                 (1)  five public members, each of whom is a citizen of
5-50     the United States;
5-51                 (2)  one member who:
5-52                       (A)  is licensed under this Act as a private
5-53     investigator;
5-54                       (B)  has been engaged as a private investigator
5-55     for at least the five years preceding appointment; and
5-56                       (C)  is not employed by a person who employs
5-57     another member of the board;
5-58                 (3)  one member who is licensed under this Act as an
5-59     alarm systems company and who:
5-60                       (A)  has been engaged as an alarm systems company
5-61     for at least the five years preceding appointment; and
5-62                       (B)  is not employed by a person who employs
5-63     another member of the board;
5-64                 (4)  one member who:
5-65                       (A)  is licensed under this Act as the owner or
5-66     operator of a guard company;
5-67                       (B)  has been the owner or operator of the guard
5-68     company for at least the five years preceding appointment; and
5-69                       (C)  is not employed by a person who employs
 6-1     another member of the board; and
 6-2                 (5)  one member who:
 6-3                       (A)  holds a license, security officer
 6-4     commission, or registration under this Act;
 6-5                       (B)  has been engaged in activity regulated by
 6-6     the board under this Act for at least the five years preceding
 6-7     appointment; and
 6-8                       (C)  is not employed by a person who employs
 6-9     another member of the board.  [The board is composed of the
6-10     following members:]
6-11                 [(1)  the director of the Texas Department of Public
6-12     Safety or his designated representative shall serve as an ex
6-13     officio member of such board, and such service shall not jeopardize
6-14     the individual's official capacity with the State of Texas;]
6-15                 [(2)  the Attorney General or his designated
6-16     representative shall serve as an ex officio member of such board,
6-17     and such service shall not jeopardize the individual's official
6-18     capacity with the State of Texas;]
6-19                 [(3)  three members shall be appointed by the Governor,
6-20     without regard to the race, creed, color, handicap, age, sex,
6-21     religion, or national origin of the appointees and with the advice
6-22     and consent of the Senate, who are citizens of the United States
6-23     and residents of the State of Texas;]
6-24                 [(4)  two members shall be appointed by the Governor,
6-25     without regard to the race, creed, color, handicap, age, sex,
6-26     religion, or national origin of the appointees and with the advice
6-27     and consent of the Senate, who are licensed under this Act, who
6-28     have been engaged for a period of five consecutive years as a
6-29     private investigator or security services contractor, and who are
6-30     not employed by the same person as any other member of the board;
6-31     and]
6-32                 [(5)  one member shall be appointed by the Governor
6-33     without regard to the race, creed, color, handicap, age, sex,
6-34     religion, or national origin of the appointee and with the advice
6-35     and consent of the Senate, who:]
6-36                       [(A)  is licensed under this Act as the owner or
6-37     operator of a guard company;]
6-38                       [(B)  has operated for at least five consecutive
6-39     years as a guard company; and]
6-40                       [(C)  is not employed by a person who employs any
6-41     other member of the board.]
6-42           (b)  Appointments to the board shall be made without regard
6-43     to the race, color, disability, sex, religion, age, or national
6-44     origin of the appointees.
6-45           (c)  The board's public members must be representatives of
6-46     the general public.  A person may not be [is not eligible for
6-47     appointment as] a public member of the board if the person or the
6-48     person's spouse:
6-49                 (1)  is registered, commissioned, certified, or
6-50     licensed by a [an occupational] regulatory agency in the field of
6-51     private investigations or private security;
6-52                 (2)  is employed by or participates in the management
6-53     of a business entity or other organization regulated by or
6-54     receiving money from the board [related to the field of private
6-55     security]; [or]
6-56                 (3)  owns or controls, directly or indirectly, more
6-57     than a 10 percent [has, other than as a consumer, a financial]
6-58     interest in a business entity or other organization regulated by or
6-59     receiving money from the board; or
6-60                 (4)  uses or receives a substantial amount of tangible
6-61     goods, services, or money from the board other than compensation or
6-62     reimbursement authorized by law for board membership, attendance,
6-63     or expenses [related to the field of private security].
6-64           [(c)  A member or employee of the board may not be an
6-65     officer, employee, or paid consultant of a trade association in the
6-66     private security industry.]
6-67           (d)  [A person who is the spouse of an officer, employee, or
6-68     paid consultant of a trade association in or on behalf of a
6-69     profession related to the operation of the board may not be a
 7-1     member of the board and may not be an employee, including an
 7-2     employee exempt from the state's classification plan, who is
 7-3     compensated at or above the amount prescribed by the General
 7-4     Appropriations Act for step 1, salary group 17, of the position
 7-5     classification salary schedule.  A person who is required to
 7-6     register as a lobbyist under Chapter 305, Government Code, by
 7-7     virtue of the person's activities for compensation in or on behalf
 7-8     of a profession related to the operation of the board, may not
 7-9     serve as a member of the board or act as the general counsel to the
7-10     board.]
7-11           [(e)]  It is a ground for removal from the board that [if] a
7-12     member:
7-13                 (1)  does not have at the time of taking office
7-14     [appointment] the qualifications required by Subsection (a)  [or
7-15     (b)] of this section [for appointment to the board];
7-16                 (2)  does not maintain during the service on the board
7-17     the qualifications required by Subsection (a) [or (b)] of this
7-18     section [for appointment to the board];
7-19                 (3)  is ineligible for membership under [violates a
7-20     prohibition established by] Subsection (c) [or (d)] of this section
7-21     or Section 5B of this Act;
7-22                 (4)  is absent from more than half [does not attend at
7-23     least one-half] of the regularly scheduled board meetings that the
7-24     member is eligible to attend during [held by the board in] a
7-25     calendar year without an excuse approved by  a majority vote[,
7-26     excluding meetings held when the person was not a member] of the
7-27     board; or
7-28                 (5)  cannot, because of illness or disability, [is
7-29     unable to] discharge the member's duties for a substantial part of
7-30     the member's term [for which the member was appointed because of
7-31     illness or disability].
7-32           (e) [(f)]  The validity of an action of the board is not
7-33     affected by the fact that it is [was] taken when a ground for
7-34     removal of a board member exists [of the board existed].
7-35           (f) [(g)]  If the director has knowledge that a potential
7-36     ground for removal exists, the director shall notify the presiding
7-37     officer [chairman] of the board of the potential ground.  The
7-38     presiding officer [chairman of the board] shall then notify the
7-39     governor and the attorney general [Governor] that a potential
7-40     ground for removal exists.  If the potential ground for removal
7-41     involves the presiding officer, the director shall notify the next
7-42     highest ranking officer of the board, who shall then notify the
7-43     governor and the attorney general that a potential ground for
7-44     removal exists.
7-45           [(h)  For the purposes of this section, "trade association"
7-46     means a nonprofit, cooperative, voluntarily joined association of
7-47     business or professional competitors that is designed to assist its
7-48     members and its industry or profession in dealing with mutual or
7-49     professional problems and in promoting their common interests.]
7-50           SECTION 6.  Subchapter B, Private Investigators and Private
7-51     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
7-52     Statutes), is amended by adding Sections 5A, 5B, and 5C to read as
7-53     follows:
7-54           Sec. 5A.  EX OFFICIO BOARD MEMBER.  (a)  The director of the
7-55     Texas Department of Public Safety serves as an ex officio member of
7-56     the board during the director's term of office and has the same
7-57     powers and duties as other board members.
7-58           (b)  The director of the Texas Department of Public Safety
7-59     may delegate to a personal representative from the department the
7-60     duty to represent the director on the board.
7-61           Sec. 5B.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this
7-62     section, "Texas trade association" means a cooperative and
7-63     voluntarily joined association of business or professional
7-64     competitors in this state designed to assist its members and its
7-65     industry or profession in dealing with mutual business or
7-66     professional problems and in promoting their common interest.
7-67           (b)  A person may not be a board member and may not be an
7-68     agency employee employed in a "bona fide executive, administrative,
7-69     or professional capacity," as that phrase is used for purposes of
 8-1     establishing an exemption to the overtime provisions of the federal
 8-2     Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
 8-3     and its subsequent amendments, if:
 8-4                 (1)  the person is an officer, employee, or paid
 8-5     consultant of a Texas trade association in the field of private
 8-6     investigation or private security; or
 8-7                 (2)  the person's spouse is an officer, manager, or
 8-8     paid consultant of a Texas trade association in the field of
 8-9     private investigation or private security.
8-10           (c)  A person may not be a board member or act as the general
8-11     counsel to the board or the agency if the person is required to
8-12     register as a lobbyist under Chapter 305, Government Code, because
8-13     of the person's activities for compensation on behalf of a
8-14     profession related to the operation of the agency.
8-15           Sec. 5C.  TRAINING REQUIREMENTS.  (a)  A person who is
8-16     appointed to and qualifies for office as a board member may not
8-17     vote, deliberate, or be counted as a member in attendance at a
8-18     board meeting until the person completes a training program that
8-19     complies with this section.
8-20           (b)  The training program must provide the person with
8-21     information regarding:
8-22                 (1)  this Act;
8-23                 (2)  the programs operated by the board;
8-24                 (3)  the role and functions of the board;
8-25                 (4)  the rules of the board, with an emphasis on the
8-26     rules that relate to disciplinary and investigatory authority;
8-27                 (5)  the current budget for the board;
8-28                 (6)  the results of the most recent formal audit of the
8-29     board;
8-30                 (7)  the requirements of:
8-31                       (A)  the open meetings law, Chapter 551,
8-32     Government Code;
8-33                       (B)  the public information law, Chapter 552,
8-34     Government Code;
8-35                       (C)  the administrative procedure law,  Chapter
8-36     2001, Government Code; and
8-37                       (D)  other laws relating to public officials,
8-38     including conflict-of-interest laws; and
8-39                 (8)  any applicable ethics policies adopted by the
8-40     board or the Texas Ethics Commission.
8-41           (c)  A person appointed to the board is entitled to
8-42     reimbursement, as provided by the General Appropriations Act, for
8-43     the travel expenses incurred in attending the training program
8-44     regardless of whether the attendance at the program occurs before
8-45     or after the person qualifies for office.
8-46           SECTION 7.  Section 7, Private Investigators and Private
8-47     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
8-48     Statutes), is amended to read as follows:
8-49           Sec. 7.  TERMS OF OFFICE.  [(a)] The appointed members of the
8-50     board serve staggered six-year terms, and the terms of three [two]
8-51     appointed members expire on January 31 of each odd-numbered year.
8-52     Each appointed member shall hold office until the member's [his]
8-53     successor is appointed and has qualified.
8-54           [(b)  The director of the Department of Public Safety and the
8-55     attorney general, or their representatives, serve on the board
8-56     during their terms of office and shall perform the duties required
8-57     of members of the board by this Act in addition to those duties
8-58     required of them in other official capacities.]
8-59           SECTION 8.  Section 10, Private Investigators and Private
8-60     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
8-61     Statutes), is amended by amending Subsections (d) and (e) and
8-62     adding Subsection (f) to read as follows:
8-63           (d)  The director or the director's designee shall provide to
8-64     board members and to agency employees, as often as necessary,
8-65     information regarding the requirements for office or employment
8-66     under this Act, including information regarding a person's [The
8-67     board shall inform its members and employees as often as is
8-68     necessary of:]
8-69                 [(1)  the qualifications for office or employment
 9-1     prescribed by this Act; and]
 9-2                 [(2)  their] responsibilities under applicable laws
 9-3     relating to standards of conduct for state officers or employees.
 9-4           (e)  The board shall develop and implement policies that
 9-5     clearly separate the policymaking responsibilities of the board and
 9-6     the management responsibilities of the director and [adopt policies
 9-7     that clearly define the respective responsibilities of the
 9-8     governing body of the board and the] staff of the board.
 9-9           (f)  The board may commission investigators employed
9-10     full-time by the board as peace officers for the limited purpose of
9-11     assisting the board in investigating alleged violations of this Act
9-12     and of board rules.
9-13           SECTION 9.  Section 10A, Private Investigators and Private
9-14     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
9-15     Statutes), is amended to read as follows:
9-16           Sec. 10A.  EQUAL EMPLOYMENT OPPORTUNITY; REPORT.  (a)  The
9-17     director or the director's designee shall prepare and maintain a
9-18     written policy statement that implements [to assure implementation
9-19     of] a program of equal employment opportunity to ensure that [by
9-20     which] all personnel decisions [transactions] are made without
9-21     regard to race, creed, color, disability [handicap], age, sex,
9-22     religion, or national origin.
9-23           (b)  The policy statement must [shall] include:
9-24                 (1)  personnel policies, including policies relating to
9-25     recruitment, evaluation, selection, [appointment,] training, and
9-26     promotion of personnel, that show the intent of the board to avoid
9-27     the unlawful employment practices described by Chapter 21, Labor
9-28     Code; and
9-29                 (2)  an [a comprehensive] analysis of the extent to
9-30     which the composition of the board's personnel is in accordance
9-31     with [work force that meets] federal and state law and a
9-32     description of reasonable methods to achieve compliance with
9-33     federal and state law [guidelines;]
9-34                 [(3)  procedures by which a determination can be made
9-35     of significant underutilization, in the board's work force, of all
9-36     persons of whom federal or state guidelines encourage a more
9-37     equitable balance; and]
9-38                 [(4)  reasonable methods to appropriately address areas
9-39     of significant underutilization, in the board's work force, of all
9-40     persons of whom federal or state guidelines encourage a more
9-41     equitable balance].
9-42           (c) [(b)]  The policy statement [statements] must:
9-43                 (1)  be filed with the governor's office;
9-44                 (2)  be reviewed by the state Commission on Human
9-45     Rights for compliance with Subsection (b)(1) of this section;[,
9-46     cover an annual period,] and
9-47                 (3)  be updated at least annually.  [The governor's
9-48     office shall develop a biennial report to the legislature based on
9-49     the information submitted.  The report may be made separately or as
9-50     a part of other biennial reports made to the legislature.]
9-51           SECTION 10.  Subchapter B, Private Investigators and Private
9-52     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
9-53     Statutes), is amended by adding Section 10B to read as follows:
9-54           Sec. 10B.  RULES AND POLICIES.  (a)  The board shall adopt
9-55     rules and general policies to guide the agency in the
9-56     administration of this Act.
9-57           (b)  The rules and policies adopted by the board must be
9-58     consistent with this Act and other board rules adopted under this
9-59     Act and with any other applicable law, state rule, or federal
9-60     regulation.
9-61           SECTION 11.  Sections 11(d) and (e), Private Investigators
9-62     and Private Security Agencies Act (Article 4413(29bb), Vernon's
9-63     Texas Civil Statutes), are amended to read as follows:
9-64           (d)  The board shall recognize, prepare, or administer
9-65     continuing education programs for licensees, commissioned security
9-66     officers, and registrants [private investigators] regulated by the
9-67     board under this Act.  The board shall set the minimum number of
9-68     hours that must be completed and the types of programs that may be
9-69     offered for licensees, commissioned security officers, and
 10-1    registrants [private investigators] regulated by the board.  A
 10-2    licensee, commissioned security officer, or registrant must
 10-3    participate in the programs to the extent required by the board to
 10-4    keep the person's license, commission, or registration.  A
 10-5    licensee, commissioned security officer, or registrant [private
 10-6    investigator] regulated by the board shall submit evidence of
 10-7    compliance with the board's continuing education requirements in a
 10-8    manner prescribed by the board.  The continuing education
 10-9    requirements of this subsection do not apply to a noncommissioned
10-10    security officer.
10-11          (e)  The board shall develop and implement [adopt] policies
10-12    that provide the public with a reasonable opportunity to appear
10-13    before the board and to speak on any issue under the jurisdiction
10-14    of the board.
10-15          SECTION 12.  Section 11B, Private Investigators and Private
10-16    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
10-17    Statutes), is amended to read as follows:
10-18          Sec. 11B.  REVOCATION, SUSPENSION, AND SUMMARY SUSPENSION.
10-19    (a)  Except as provided by Section 11E of this Act, the [The] board
10-20    shall revoke, [or] suspend, or refuse to renew a [any]
10-21    registration, license, or security officer commission, or shall
10-22    reprimand a [any] registrant, licensee, or commissioned security
10-23    officer[, or deny an application for a registration, license, or
10-24    security officer commission, or renewal thereof,] or may place on
10-25    probation a person whose registration, license, or security officer
10-26    commission has been suspended, on proof:
10-27                (1)  that the applicant, licensee, commissioned
10-28    security officer, or registrant has:
10-29                      (A)  violated [any provisions of] this Act or a
10-30    rule of the board adopted [of the rules and regulations
10-31    promulgated] under this Act;
10-32                      (B)  been convicted of a Class B misdemeanor or
10-33    equivalent offense if the fifth anniversary of the date of the
10-34    conviction has occurred;
10-35                      (C)  engaged in [(2)  that the applicant,
10-36    licensee, commissioned security officer, or registrant has
10-37    committed any act resulting in conviction of a felony;]
10-38                [(3)  that the applicant, licensee, commissioned
10-39    security officer, or registrant has committed an act after the date
10-40    of application for a registration, license, or security officer
10-41    commission that results in a conviction of a misdemeanor involving
10-42    moral turpitude;]
10-43                [(4)  that the applicant, licensee, commissioned
10-44    security officer, or registrant has practiced] fraud, deceit, or
10-45    misrepresentation; or
10-46                      (D) [(5)  that the applicant, licensee,
10-47    commissioned security officer, or registrant has] made a material
10-48    misstatement in the application for or renewal of a license,
10-49    registration, or security officer commission; or
10-50                (2) [(6)]  that the licensee of the commissioned
10-51    security officer or registrant has submitted to the board
10-52    sufficient evidence that a commissioned security officer or
10-53    registrant:
10-54                      (A)  [,] while in the employ of the licensee,
10-55    practiced fraud or deceit;[,] or
10-56                      (B)  committed theft while performing work as a
10-57    commissioned security officer or registrant.
10-58          (b)  Subject to Section 11D of this Act, the board may
10-59    summarily suspend a license, registration, or security officer
10-60    commission issued [to an individual] under this Act on receiving
10-61    written notification from the Department of Public Safety of the
10-62    State of Texas or any other law enforcement agency that the
10-63    individual has been arrested for or charged with a Class B
10-64    misdemeanor or equivalent offense [involving moral turpitude] or a
10-65    greater offense [felony].
10-66          (c)  Subject to Section 11D of this Act, the board may
10-67    summarily deny an application for a license, registration, or [for
10-68    a] security officer commission of an individual on receiving
10-69    written notification from the Department of Public Safety of the
 11-1    State of Texas or any other law enforcement agency that the
 11-2    individual has been arrested for or charged with a Class B
 11-3    misdemeanor or equivalent offense [involving moral turpitude] or a
 11-4    greater offense [felony].
 11-5          (d)  [In this section, a person is considered to be convicted
 11-6    of a misdemeanor involving moral turpitude or a felony if a court
 11-7    of competent jurisdiction enters a judgment against the person for
 11-8    committing a misdemeanor involving moral turpitude or a felony
 11-9    under the laws of this state, another state, or the United States,
11-10    including:]
11-11                [(1)  a conviction in which a person was placed on
11-12    probation or community supervision and the person is subsequently
11-13    discharged from probation or community supervision; or]
11-14                [(2)  a conviction that is pardoned, unless the pardon
11-15    is granted expressly because of the proof of a person's innocence.]
11-16          [(e)]  The dismissal of a complaint, information, or
11-17    indictment or an acquittal releases the individual from any summary
11-18    suspension of a registration or commission or automatic grounds for
11-19    summary denial of an application under this section.
11-20          (e)  Except as provided by Section 11F of this Act and except
11-21    for a summary denial of an application or a summary suspension, a
11-22    person regulated under this Act against whom the board has taken
11-23    action is entitled to a hearing before the State Office of
11-24    Administrative Hearings.  A proceeding under this subsection is a
11-25    contested case that is [(f)  Proceedings for the refusal,
11-26    suspension, or revocation of a registration, license, or security
11-27    officer commission or for the probation of a person are] governed
11-28    by Chapter 2001, Government Code [(Administrative Procedure Act)].
11-29    Proceedings for the summary suspension of a license, registration,
11-30    or security officer commission or summary denial of an application
11-31    under this Act are governed by Section 11D of this Act.
11-32          (f)  The board may place on probation a person whose license
11-33    is suspended.  If a license suspension is probated, the board may
11-34    require the person:
11-35                (1)  to report regularly to the board on matters that
11-36    are the basis of the probation;
11-37                (2)  to limit practice to the areas prescribed by the
11-38    board; or
11-39                (3)  to continue or review professional education until
11-40    the person attains a degree of skill satisfactory to the board in
11-41    those areas that are the basis of the probation.  [(g)  If the
11-42    board is authorized to suspend a license under this Act, the board
11-43    may give the licensee the opportunity to pay a civil penalty rather
11-44    than have the license suspended.  The amount of the civil penalty
11-45    may not be more than $200 for each day the license was to have been
11-46    suspended.  If the licensee does not pay the penalty before the
11-47    sixth day after the board notifies him of the amount, he loses the
11-48    opportunity to pay it and the board shall impose the suspension.]
11-49          SECTION 13.  Subchapter B, Private Investigators and Private
11-50    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
11-51    Statutes), is amended by adding Sections 11E and 11F to read as
11-52    follows:
11-53          Sec. 11E.  REVOCATION OR REFUSAL FOR CERTAIN OFFENSES.
11-54    Except for an application approved by the board under Section 11F
11-55    of this Act, the board shall revoke or refuse to renew a
11-56    registration, license, or security officer commission if the
11-57    applicant, licensee,  registrant, or commissioned security officer
11-58    has been convicted of a:
11-59                (1)  Class A misdemeanor or equivalent offense or a
11-60    greater offense; or
11-61                (2)  Class B misdemeanor or equivalent offense if the
11-62    fifth anniversary of the date of conviction has not occurred.
11-63          Sec. 11F.  APPEAL TO BOARD.  (a)  An applicant may appeal to
11-64    the board the denial of a license, registration, or security
11-65    officer commission application if:
11-66                (1)  the sole basis of the denial is a conviction for a
11-67    Class A misdemeanor or equivalent or a greater offense;
11-68                (2)  the 20th anniversary of the conviction has
11-69    occurred; and
 12-1                (3)  the applicant waives the applicant's right to a
 12-2    hearing before the State Office of Administrative Hearings.
 12-3          (b)  A proceeding under this section is governed by Chapter
 12-4    2001, Government Code.  A hearing must be held at a regular meeting
 12-5    of the board.
 12-6          (c)  Notwithstanding any other provision of this Act, the
 12-7    board may approve the application.
 12-8          SECTION 14.  Subchapter B, Private Investigators and Private
 12-9    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-10    Statutes), is amended by adding Section 11G to read as follows:
12-11          Sec. 11G.  CONVICTION OF CERTAIN CRIMES.  In this subchapter,
12-12    a person is considered to be convicted of an offense that is a
12-13    Class B misdemeanor or greater offense, or an equivalent offense,
12-14    if a court enters a judgment against the person for committing a
12-15    Class B misdemeanor or greater offense, or an equivalent offense,
12-16    under the laws of this state, another state, or the United States,
12-17    including a conviction:
12-18                (1)  in which a person is placed on, and subsequently
12-19    discharged from, community supervision; and
12-20                (2)  for which a person is pardoned, unless a full
12-21    pardon has been granted.
12-22          SECTION 15.  Section 12(b), Private Investigators and Private
12-23    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-24    Statutes), is amended to read as follows:
12-25          (b)  The governor shall designate one member of the board as
12-26    presiding officer to serve in that capacity at the will of the
12-27    governor [chairman].  The governor shall designate the presiding
12-28    officer [chairman] without regard to the race, creed, color,
12-29    disability [handicap], age, sex, religion, or national origin of
12-30    the designee.  The board, including the representative of the
12-31    director of the Texas Department of Public Safety if [he so
12-32    designates] one is designated, shall elect from among its members
12-33    an assistant presiding officer [a vice-chairman] and a secretary to
12-34    serve two-year terms commencing on September 1 of each odd-numbered
12-35    year.  The presiding officer [chairman,] or, in the [his] absence
12-36    of the presiding officer, the assistant presiding officer
12-37    [vice-chairman,] shall preside at all meetings of the board and
12-38    perform the other duties prescribed by [in] this Act.
12-39          SECTION 16.  Subchapter B, Private Investigators and Private
12-40    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-41    Statutes), is amended by adding Section 12B to read as follows:
12-42          Sec. 12B.  PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY
12-43    ACTIONS.  (a)  The board shall make available to the public through
12-44    a toll-free telephone number, Internet website, or other easily
12-45    accessible medium determined by the board the following information
12-46    relating to a disciplinary action taken during the preceding three
12-47    years regarding a person regulated by the board:
12-48                (1)  the identity of the person;
12-49                (2)  the nature of the complaint that was the basis of
12-50    the disciplinary action taken against the person; and
12-51                (3)  the disciplinary action taken by the board.
12-52          (b)  In providing the information, the board shall present
12-53    the information in an impartial manner, use language that is
12-54    commonly understood, and, if possible, avoid jargon specific to the
12-55    security industry.
12-56          (c)  The board shall update the information on a monthly
12-57    basis.
12-58          (d)  The board shall maintain the confidentiality of
12-59    information regarding the identification of a complainant.
12-60          SECTION 17.  Section 14, Private Investigators and Private
12-61    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
12-62    Statutes), is amended by amending Subsection (a) and adding
12-63    Subsection (a-1) to read as follows:
12-64          (a)  An applicant for a license or the applicant's [his]
12-65    manager must[:]
12-66                [(1)]  be at least 18 years of age and must not:
12-67                (1) [; (2)  not have been convicted in any jurisdiction
12-68    of any felony unless a full pardon has been granted;]
12-69                [(3)  not] have been convicted in any jurisdiction of a
 13-1    Class A misdemeanor or equivalent offense or a greater offense
 13-2    [involving moral turpitude during the seven-year period preceding
 13-3    the date of application] unless a full pardon has been granted for
 13-4    reasons relating to a wrongful [the] conviction;
 13-5                (2)  have been convicted in any jurisdiction of a Class
 13-6    B misdemeanor or equivalent offense for which the fifth anniversary
 13-7    of the date of conviction has not occurred before the date of
 13-8    application unless a full pardon has been granted for reasons
 13-9    relating to a wrongful conviction;
13-10                (3) [(4)  not] have been declared by any court of
13-11    competent jurisdiction incompetent by reason of mental defect or
13-12    disease and has not been restored;
13-13                (4) [(5)  not] be suffering from habitual drunkenness
13-14    or from narcotics addiction or dependence; or [and]
13-15                (5) [(6)  not] have been discharged from the armed
13-16    services of the United States under other than honorable
13-17    conditions.
13-18          (a-1)  The board may deny an application for a license if the
13-19    applicant has been convicted in any jurisdiction of a Class B
13-20    misdemeanor or equivalent offense if the fifth anniversary of the
13-21    date of conviction has occurred before the date of application
13-22    unless a full pardon has been granted for reasons relating to a
13-23    wrongful conviction.
13-24          SECTION 18.  Section 15, Private Investigators and Private
13-25    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
13-26    Statutes), is amended by amending Subsections (a)  and (c) and
13-27    adding Subsection (g) to read as follows:
13-28          (a)  An application for a license under this Act shall be in
13-29    the form prescribed by the board.  The application shall include:
13-30                (1)  the full name and business address of the
13-31    applicant;
13-32                (2)  the name under which the applicant intends to do
13-33    business;
13-34                (3)  a statement as to the general nature of the
13-35    business in which the applicant intends to engage;
13-36                (4)  a statement as to the classification under which
13-37    the applicant desires to be qualified;
13-38                (5)  the full name and residence address of each of the
13-39    applicant's [its] partners, officers, and directors, and of the
13-40    applicant's [its] manager, if the applicant is an entity other than
13-41    an individual;
13-42                (6)  two [one] classifiable sets [set] of fingerprints
13-43    of the applicant, if the applicant is an individual, or of each
13-44    officer and of each partner or shareholder who owns a 25 percent or
13-45    greater interest in the applicant, if the applicant is an entity;
13-46                (7)  a verified statement of the applicant's [his]
13-47    experience qualifications in the particular field of classification
13-48    in which the applicant [he] is applying;
13-49                (8)  [a letter from the police department and a letter
13-50    from the sheriff's department of the city and county wherein the
13-51    applicant resides concerning the character of the applicant and
13-52    containing any objection or recommendation as to his application;
13-53    and] a report [letter] from the Texas Department of Public Safety
13-54    stating the applicant's [setting forth the] record of any
13-55    convictions for a Class B misdemeanor or equivalent offense or a
13-56    greater offense [of any applicant for a felony or a crime involving
13-57    moral turpitude]; and
13-58                (9)  any other information, evidence, statements, or
13-59    documents [as may be] required by the board.
13-60          (c)  The board shall [may] require an applicant or the
13-61    applicant's [his] manager to demonstrate qualifications in the
13-62    person's license [his] field of classification, including knowledge
13-63    of applicable state laws and board rules, by taking an examination
13-64    to be determined by the board.
13-65          (g)  The board shall develop, and provide to a person who
13-66    applies to take the examination under Subsection (c) of this
13-67    section, material containing all applicable state laws and board
13-68    rules.
13-69          SECTION 19.  Subchapter C, Private Investigators and Private
 14-1    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 14-2    Statutes), is amended by adding Sections 15A, 15B, 15C, and 15D to
 14-3    read as follows:
 14-4          Sec. 15A.  EXAMINATION RESULTS.  (a)  Not later than the 30th
 14-5    day after the date a person takes a licensing examination under
 14-6    this Act, the board shall notify the person of the results of the
 14-7    examination.
 14-8          (b)  If the examination is graded or reviewed by a  testing
 14-9    service:
14-10                (1)  the board shall notify the person of the results
14-11    of the examination not later than the 14th day after the date the
14-12    board receives the results from the testing service; and
14-13                (2)  if notice of the examination results will be
14-14    delayed for longer than 90 days after the examination date, the
14-15    board shall notify the person of the reason for the delay before
14-16    the 90th day.
14-17          (c)  The board may require a testing service to notify a
14-18    person of the results of the person's examination.
14-19          (d)  If requested in writing by a person who fails a
14-20    licensing examination administered under this Act, the board shall
14-21    furnish the person with an analysis of the person's performance on
14-22    the examination.
14-23          Sec. 15B.  RECIPROCAL LICENSE FOR CERTAIN FOREIGN APPLICANTS.
14-24    The board may waive any prerequisite to obtaining a license for an
14-25    applicant who holds a license issued by another jurisdiction with
14-26    which this state has a reciprocity agreement.  The board may make
14-27    an agreement, subject to the approval of the governor, with another
14-28    state to allow for licensing by reciprocity.
14-29          Sec. 15C.  PROVISIONAL LICENSE.  (a)  The board may issue a
14-30    provisional license to an applicant currently licensed in another
14-31    jurisdiction who seeks an equivalent license in this state and who:
14-32                (1)  has been licensed in good standing as an
14-33    investigations company or security services contractor for at least
14-34    two years in another jurisdiction, including a foreign country,
14-35    that has licensing requirements substantially equivalent to the
14-36    requirements of this Act;
14-37                (2)  has passed  a  national  or other  examination
14-38    recognized by the board relating to the practice of  private
14-39    investigations or security services contracting; and
14-40                (3)  is sponsored by a person licensed by the board
14-41    under this Act with whom the provisional license holder will
14-42    practice during the time the person holds a provisional license.
14-43          (b)  A provisional license is valid until the date the board
14-44    approves or denies the provisional license holder's application for
14-45    a license.  The board shall issue a license under this Act to the
14-46    provisional license holder if:
14-47                (1)  the provisional license holder is eligible to be
14-48    licensed under Section 15B of this Act; or
14-49                (2)  the provisional license holder:
14-50                      (A)  passes the part of the examination under
14-51    Section 15(c) of this Act that relates to the applicant's knowledge
14-52    and understanding of the laws and rules relating to the practice of
14-53    an investigations company or security services contractor in this
14-54    state;
14-55                      (B)  is verified by the board as meeting the
14-56    academic and experience requirements for a license under this Act;
14-57    and
14-58                      (C)  satisfies any other licensing requirements
14-59    under this Act.
14-60          (c)  The board must approve or deny a provisional license
14-61    holder's application for a license not later than the 180th day
14-62    after the date the provisional license is issued.  The board may
14-63    extend the 180-day period if the results of an examination have not
14-64    been received by the board before the end of that period.
14-65          (d)  The board may establish a fee for provisional licenses
14-66    in an amount reasonable and necessary to cover the cost of issuing
14-67    the license.
14-68          Sec. 15D.  PROVISIONAL REGISTRATION.  (a)  The board may
14-69    issue a provisional registration to an applicant currently
 15-1    registered in another jurisdiction who seeks an equivalent
 15-2    registration in this state and who:
 15-3                (1)  has been registered in good standing in the field
 15-4    in which the registration is sought for at least two years in
 15-5    another jurisdiction, including a foreign country, that has
 15-6    registration requirements substantially equivalent to the
 15-7    requirements of this Act;
 15-8                (2)  has passed a national or other examination
 15-9    recognized by the board relating to practice in the field in which
15-10    the registration is sought; and
15-11                (3)  is employed by a person licensed by the board
15-12    under this Act with whom the provisional registration holder will
15-13    practice during the time the person holds a provisional
15-14    registration.
15-15          (b)  A provisional registration is valid until the date the
15-16    board approves or denies the provisional registration holder's
15-17    application for a registration.  The board shall issue a
15-18    registration under this Act to the provisional registration holder
15-19    if the provisional registration holder is eligible to be registered
15-20    under this Act.
15-21          (c)  The board must approve or deny a provisional
15-22    registration holder's application for a registration not later than
15-23    the 180th day after the date the provisional registration is
15-24    issued.  The board may extend the 180-day period if the results of
15-25    an examination have not been received by the board before the end
15-26    of that period.
15-27          (d)  The board may establish a fee for provisional
15-28    registration in an amount reasonable and necessary to cover the
15-29    cost of issuing the registration.
15-30          SECTION 20.  Sections 17(a) and (d), Private Investigators
15-31    and Private Security Agencies Act (Article 4413(29bb), Vernon's
15-32    Texas Civil Statutes), are amended to read as follows:
15-33          (a)  The [If the General Appropriations Act does not specify
15-34    the amount of the fee, the] board by rule shall establish
15-35    reasonable and necessary fees that produce funds sufficient for the
15-36    administration of this Act but that do not produce unnecessary fund
15-37    balances and do not exceed the following amounts:
15-38          Class A license                                   $250 [$225]
15-39          (original and renewal)
15-40          Class B license                                     300 [225]
15-41          (original and renewal)
15-42          Class C license                                     440 [340]
15-43          (original and renewal)
15-44          Reinstate suspended license                               150
15-45          Assignment of license                                     150
15-46          Change name of license                                     75
15-47          Delinquency fee                                         _____
15-48          Branch office certificate and renewal               200 [150]
15-49          Registration fee for private investigators, managers,
15-50             branch office managers, and alarm systems installers    20
15-51          (original and renewal)
15-52          Registration fee for noncommissioned security officer 25 [35]
15-53          Renewal fee for noncommissioned security officer           25
15-54          Registration fee for security sales person                 20
15-55          Registration fee for alarm systems monitor                 20
15-56          Registration fee for dog trainer                           20
15-57          Registration fee for owner, officer, partner, or
15-58             shareholder of a licensee                          50 [20]
15-59          Registration fee for security consultants                  55
15-60          Security officer commission fee                       50 [35]
15-61          (original and renewal)
15-62          School instructor fee                                     100
15-63          (original and renewal)
15-64          School approval fee                                       250
15-65          (original and renewal)
15-66          Letter of authority fee for private businesses
15-67             and political subdivisions                             300
15-68          Letter of authority renewal fee for private
15-69             businesses and political subdivisions                  225
 16-1          [(original and renewal)]
 16-2          FBI fingerprint check                                      25
 16-3          Duplicate pocket card                                      10
 16-4          Employee information update fee                            15
 16-5          Burglar alarm sellers renewal fee                          25
 16-6          Personal protection authorization                          50
 16-7          (d)  A Class A, Class B, or Class C license is valid for one
 16-8    year from the date of issuance.  Registration as a private
 16-9    investigator, manager, branch office manager, alarm systems
16-10    installer, security consultant, security sales person, alarm
16-11    systems monitor, or dog trainer is valid for two years from the
16-12    date of registration[, except that an initial registration as an
16-13    alarm systems installer or security sales person is valid for one
16-14    year from the date of registration if the board requires
16-15    registrants to be trained or tested pursuant to Section 32(f) of
16-16    this Act].  Registration as an owner, officer, partner, or
16-17    shareholder of a licensee is valid for two years from the date of
16-18    registration.  Registration as a noncommissioned security officer
16-19    is valid for two [four] years from the date of registration.  A
16-20    letter of authority, or a school approval or school instructor
16-21    approval letter issued by the board, is valid for one year from the
16-22    date of issuance.  Other licenses or registrations issued under
16-23    this Act are valid for the period specified by this Act or by board
16-24    rule.
16-25          SECTION 21.  Subchapter C, Private Investigators and Private
16-26    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
16-27    Statutes), is amended by adding Section 17A to read as follows:
16-28          Sec. 17A.  PAYMENT OF FEES AND FINES.  The board may adopt
16-29    rules regarding the method of payment of a fee or a fine assessed
16-30    under this Act.  The rules may authorize the use of electronic
16-31    funds transfer or a valid credit card issued by a financial
16-32    institution chartered by a state or the federal government or by a
16-33    nationally recognized credit organization approved by the board.
16-34    The rules may require the payment of a discount or a reasonable
16-35    service charge for a credit card payment in addition to the fee or
16-36    the fine.
16-37          SECTION 22.  Section 18(b), Private Investigators and Private
16-38    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
16-39    Statutes), is amended to read as follows:
16-40          (b)  No person shall act as a manager of a licensee until the
16-41    person [he] has complied with each of the following:
16-42                (1)  demonstrated the person's [his] qualifications by
16-43    passing the [a] written examination required by Section 15(c) of
16-44    this Act; and
16-45                (2)  made a satisfactory showing to the board that the
16-46    person [he] has the qualifications prescribed by Section 14 of this
16-47    Act, and that none of the facts stated in Section 11B(a) or 11E
16-48    [Subsection (a), Section 11B,] of this Act regarding violations or
16-49    convictions exist as to the person [him].
16-50          SECTION 23.  Section 19(l), Private Investigators and Private
16-51    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
16-52    Statutes), is amended to read as follows:
16-53          (l)  The holder of a security officer commission who
16-54    terminates his employment with one employer may transfer his
16-55    security officer commission to a new employer if, not later than
16-56    the 14th [10th] day after the date on which the holder begins new
16-57    employment, the new employer notifies the board of the transfer of
16-58    employment on a form prescribed by the board, accompanied by the
16-59    employee information update fee.
16-60          SECTION 24.  Section 20, Private Investigators and Private
16-61    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
16-62    Statutes), is amended to read as follows:
16-63          Sec. 20.  TRAINING PROGRAMS.  (a)  The board shall establish
16-64    a basic training course for commissioned security officers.  The
16-65    course must include, at a minimum:
16-66                (1)  general security officer training issues;
16-67                (2)  classroom instruction on handgun proficiency; and
16-68                (3)  range instruction on handgun proficiency.
16-69          (b)  The course must be offered and taught by schools and
 17-1    instructors approved by the board.  To receive board approval, a
 17-2    school or an instructor must submit an application to the board on
 17-3    a form provided by the board.
 17-4          (c) [(b)]  The basic training course approved by the board
 17-5    shall consist of a minimum of 30 hours.
 17-6          (d)  The general security officer training portion of the
 17-7    course must [and shall] include instruction on:
 17-8                (1)  board rules and applicable state laws [legal
 17-9    limitations on the use of firearms and on the powers and authority
17-10    of a security officer];
17-11                (2)  [familiarity with this Act;]
17-12                [(3)]  field note taking and report writing;
17-13                [(4)  range firing and procedure, and firearms safety
17-14    and maintenance;] and
17-15                (3) [(5)]  any other topics of security officer
17-16    training curriculum which the board deems necessary.
17-17          (e) [(c)]  The board shall develop a commissioned security
17-18    officer training manual that contains applicable state laws and
17-19    board rules to be used in the instructing and training of
17-20    commissioned security officers.
17-21          (f) [(d)]  The board shall promulgate all rules necessary to
17-22    administer the provisions of this section concerning the training
17-23    requirements of this Act.
17-24          (g) [(e)]  The board may not issue a security officer
17-25    commission to an applicant employed by a licensee unless the
17-26    applicant submits evidence satisfactory to the board that the
17-27    applicant:
17-28                (1)  [he] has completed the basic training course at a
17-29    school or under an instructor approved by the board;
17-30                (2)  [he] meets all qualifications established by this
17-31    Act and by the rules of the board;
17-32                (3)  [he] has achieved the score required by the board
17-33    on the examination under Section 20B of this Act [satisfied his
17-34    firearm training instructor that he has attained with a handgun a
17-35    minimum average marksmanship competency of 160 out of 300 on an
17-36    "Army L" target or a minimum of 80 out of 150 on an F.B.I.
17-37    Silhouette target (N.R.A. B-27), at 50 feet with 10 shots slow
17-38    fire, 10 shots time fire and 10 shots double-action or complies
17-39    with the standards of marksmanship set by the board]; and
17-40                (4)  [he] has satisfied the [his] firearm training
17-41    instructor that the applicant [he] has complied with the standards
17-42    of marksmanship set by the board for minimum marksmanship
17-43    competency with a shotgun.
17-44          (h) [(f)]  In addition to the requirements of Subsection (g)
17-45    [(e)] of this section, the board by rules and regulations shall
17-46    establish other qualifications for persons who are employed in
17-47    positions requiring the carrying of firearms.  These qualifications
17-48    may include physical and mental standards, standards of good moral
17-49    character, and other requirements that relate to the competency and
17-50    reliability of individuals to carry firearms.  The board shall
17-51    prescribe appropriate forms and rules and regulations by which
17-52    evidence that the requirements are fulfilled is presented.  [The
17-53    board shall require commissioned security officers and applicants
17-54    for security officer commissions to demonstrate proficiency in the
17-55    use of firearms to the satisfaction of a firearm training
17-56    instructor who is employed by a board approved training school.]
17-57    An applicant for a security officer commission must demonstrate
17-58    proficiency not earlier than the 90th day before the date on which
17-59    the security officer commission is to be issued.  A commissioned
17-60    security officer must demonstrate proficiency not earlier than the
17-61    90th day before the date on which the commission is to be renewed.
17-62    The records of this proficiency shall be maintained by the school
17-63    and available for inspection by the board.
17-64          (i) [(g)]  The board shall prescribe appropriate rules and
17-65    regulations for the maintenance of records relating to persons
17-66    issued security officer commissions by the board.
17-67          (j)  The handgun proficiency course must include at least 10
17-68    hours and not more than 15 hours of instruction on:
17-69                (1)  the laws that relate to weapons and to the use of
 18-1    deadly force;
 18-2                (2)  handgun use, proficiency, and safety;
 18-3                (3)  nonviolent dispute resolution; and
 18-4                (4)  proper storage practices for handguns, with an
 18-5    emphasis on storage practices that eliminate the possibility of
 18-6    accidental injury to a child.
 18-7          (k)  The range instruction on handgun proficiency must
 18-8    include an actual demonstration by the applicant of the applicant's
 18-9    ability to safely and proficiently use a handgun.  The applicant
18-10    must demonstrate, at a minimum, the degree of proficiency that is
18-11    required to effectively operate a 9-millimeter or .38-caliber
18-12    handgun.
18-13          (l)  The board by rule shall establish minimum standards for
18-14    handgun proficiency that are at least as stringent as the standards
18-15    for handgun proficiency developed by the public safety director
18-16    under Section 411.188, Government Code.
18-17          SECTION 25.  Subchapter C, Private Investigators and Private
18-18    Security Agencies Act (Article 4413(29bb),  Vernon's Texas Civil
18-19    Statutes), is amended by adding Sections 20A and 20B to read as
18-20    follows:
18-21          Sec. 20A.  CONTINUING EDUCATION COURSE IN HANDGUN
18-22    PROFICIENCY.  The board by rule shall develop a continuing
18-23    education course in handgun proficiency required for renewal of a
18-24    security officer commission.  Only a board-approved instructor may
18-25    administer the continuing education course.  The course must
18-26    include:
18-27                (1)  at least four hours of instruction on one or more
18-28    of the subjects listed in Section 20(j) of this Act; and
18-29                (2)  other information that the director determines is
18-30    appropriate.
18-31          Sec. 20B.  HANDGUN PROFICIENCY EXAMINATION.  (a)  Only a
18-32    board-approved instructor may administer the handgun proficiency
18-33    examination required to obtain or to renew a security officer
18-34    commission.
18-35          (b)  The proficiency examination must include:
18-36                (1)  a written section on the subjects listed in
18-37    Section 20(j) of this Act; and
18-38                (2)  a physical demonstration of handgun proficiency
18-39    that meets the minimum standards established under Section 20(k) or
18-40    (l) of this Act.
18-41          SECTION 26.  Section 36, Private Investigators and Private
18-42    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
18-43    Statutes), is amended to read as follows:
18-44          Sec. 36.  POCKET CARD[: RENEWAL].  [(a)]  A pocket card
18-45    issued to [a noncommissioned security officer shall be issued to
18-46    the individual employee and is valid for four years.  A pocket card
18-47    issued to] any [other] individual registered under Section 32 of
18-48    this Act [shall be issued to the individual's employer and] is
18-49    valid for two years.  The pocket card must state the name of the
18-50    individual who is registered.  A pocket card for an owner, officer,
18-51    partner, or shareholder of a license holder shall be issued to the
18-52    license holder.
18-53          [(b)  On notification from the board the month before
18-54    expiration of the registrant's pocket card, each registrant shall
18-55    file for renewal of registration on a form designed by the board.]
18-56          SECTION 27.  Subchapter C, Private Investigators and Private
18-57    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
18-58    Statutes), is amended by adding Section 36A to read as follows:
18-59          Sec. 36A.  REGISTRATION RENEWAL.  (a)  A person who is
18-60    otherwise eligible to renew a registration may renew an unexpired
18-61    registration by paying the required renewal fee to the board before
18-62    the expiration date of the registration.  A person whose
18-63    registration has expired may not engage in activities that require
18-64    a registration until the registration has been renewed.
18-65          (b)  A person whose registration has been expired for 90 days
18-66    or less may renew the registration by paying to the board a renewal
18-67    fee that is equal to 1-1/2 times the normally required renewal fee.
18-68          (c)  A person whose registration has been expired for more
18-69    than 90 days but less than one year may renew the registration by
 19-1    paying to the board a renewal fee that is equal to two times the
 19-2    normally required renewal fee.
 19-3          (d)  A person whose registration has been expired for one
 19-4    year or more may not renew the registration.  The person may obtain
 19-5    a new registration by complying with the requirements and
 19-6    procedures, including any examination required by the board, for
 19-7    obtaining an original registration.
 19-8          (e)  A person who was registered in this state, moved to
 19-9    another state, and is currently registered and has been in practice
19-10    in the other state for the two years preceding the date of
19-11    application may  obtain a new registration without reexamination.
19-12    The person must pay to the board a fee that is equal to two times
19-13    the normally required renewal fee for the registration.
19-14          (f)  Not later than the 30th day before the date a person's
19-15    registration is scheduled to expire, the board shall send written
19-16    notice of the impending expiration to the person at the person's
19-17    last known address according to the records of the board.
19-18          SECTION 28.  Section 37, Private Investigators and Private
19-19    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
19-20    Statutes), is amended to read as follows:
19-21          Sec. 37.  POCKET CARD[:  RETURN AND] TRANSFER.  [(a)  When an
19-22    individual to whom a pocket card has been issued under Section 34
19-23    of this Act terminates his position as a private investigator,
19-24    manager, branch office manager, alarm systems installer, private
19-25    security consultant, security sales person, alarm systems monitor,
19-26    or dog trainer, or as an owner, officer, partner, or shareholder of
19-27    a licensee, the individual shall return his pocket card to the
19-28    licensee on termination of his employment.]
19-29          [(b)  An individual who terminates his position as a
19-30    noncommissioned security officer may retain the pocket card for use
19-31    in future employment as provided by Subsection (c) of this section.]
19-32          [(c)]  An individual who is registered with the board [as a
19-33    noncommissioned security officer] may transfer the registration
19-34    from one employer to another employer if, not later than the 14th
19-35    [10th] day after the date on which the registrant begins new
19-36    employment, the new employer notifies the board of the transfer of
19-37    employment on a form prescribed by the board accompanied by the
19-38    employee information update fee.
19-39          SECTION 29.  Subchapter C, Private Investigators and Private
19-40    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
19-41    Statutes), is amended by adding Section 39A to read as follows:
19-42          Sec. 39A.  CRIMINAL HISTORY CHECK.  (a)  The board shall
19-43    conduct a criminal history check, including a check of any criminal
19-44    history record information maintained by the Federal Bureau of
19-45    Investigation, in the manner provided by Subchapter F, Chapter 411,
19-46    Government Code, on each applicant for a license, registration,
19-47    security officer commission, letter of approval, permit, or
19-48    certification.  An applicant is not eligible for a license,
19-49    registration, commission, letter of approval, permit, or
19-50    certification if the check reveals that the applicant has committed
19-51    an act that constitutes grounds for the denial of the license,
19-52    registration, commission, letter of approval, permit, or
19-53    certification.  Each applicant shall include in the application two
19-54    complete sets of fingerprints on forms prescribed by the board
19-55    accompanied by the fee set by the board.
19-56          (b)  Before beginning employment as a commissioned security
19-57    officer, the applicant must be approved by the board based on the
19-58    results of the check conducted under Subsection (a) of this
19-59    section.  To continue employment in a capacity regulated under this
19-60    Act other than as a commissioned security officer, the applicant
19-61    must be approved by the board based on the results of the check
19-62    conducted under Subsection (a) of this section not later than the
19-63    120th day after the date the applicant begins employment in that
19-64    capacity.
19-65          (c)  A license, registration, security officer commission,
19-66    letter of approval, permit, or certification issued by the board is
19-67    conditional on the board's receipt of criminal history record
19-68    information.
19-69          SECTION 30.  Section 44, Private Investigators and Private
 20-1    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 20-2    Statutes), is amended by adding Subsections (h) and (i) to read as
 20-3    follows:
 20-4          (h)  A person commits an offense if the person contracts with
 20-5    or is employed by a bondsman as defined by Chapter 550, Acts of the
 20-6    63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
 20-7    Texas Civil Statutes), to secure the appearance of a person who has
 20-8    violated Section 38.10, Penal Code, unless the person is:
 20-9                (1)  a peace officer;
20-10                (2)  an individual licensed as a private investigator
20-11    or the manager of a licensed investigations company; or
20-12                (3)  a commissioned security officer employed by a
20-13    licensed guard company.
20-14          (i)  An offense under Subsection (h) of this section is a
20-15    state jail felony.
20-16          SECTION 31.  Subchapter D, Private Investigators and Private
20-17    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
20-18    Statutes), is amended by adding Section 45A to read as follows:
20-19          Sec. 45A.  LICENSE RENEWAL.  (a)  A person who is otherwise
20-20    eligible to renew a license may renew an unexpired license by
20-21    paying the required renewal fee to the board before the expiration
20-22    date of the license.  A person whose license has expired may not
20-23    engage in activities that require a license until the license has
20-24    been renewed.
20-25          (b)  A person whose license has been expired for 90 days or
20-26    less may renew the license by paying to the board a renewal fee
20-27    that is equal to 1-1/2 times the normally required renewal fee.
20-28          (c)  A person whose license has been expired for more than 90
20-29    days but less than one year may renew the license by paying to the
20-30    board a renewal fee that is equal to two times the normally
20-31    required renewal fee.
20-32          (d)  A person whose license has been expired for one year or
20-33    more may not renew the license.  The person may obtain a new
20-34    license by complying with the requirements and procedures,
20-35    including the examination requirements,  for obtaining an original
20-36    license.
20-37          (e)  A person who was licensed in this state, moved to
20-38    another state, and is currently licensed and has been in practice
20-39    in the other state for the two years preceding the date of
20-40    application may  obtain a new license without reexamination.  The
20-41    person must pay to the board a fee that is equal to two times the
20-42    normally required renewal fee for the license.
20-43          (f)  Not later than the 30th day before the date a person's
20-44    license is scheduled to expire, the board shall send written notice
20-45    of the impending expiration to the person at the person's last
20-46    known address according to the records of the board.
20-47          SECTION 32.  Subchapter D, Private Investigators and Private
20-48    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
20-49    Statutes), is amended by adding Section 46A to read as follows:
20-50          Sec. 46A.  STAGGERED RENEWAL; PRORATION OF LICENSE FEE.  The
20-51    board by rule may adopt a system under which licenses expire on
20-52    various dates during the year.  For the year in which the license
20-53    expiration date is changed, the board shall prorate license fees on
20-54    a monthly basis so that each license holder pays only that portion
20-55    of the license fee that is allocable to the number of months during
20-56    which the license is valid.  On renewal of the license on the new
20-57    expiration date, the total license renewal fee is payable.
20-58          SECTION 33.  Section 49, Private Investigators and Private
20-59    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
20-60    Statutes), is amended to read as follows:
20-61          Sec. 49.  NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES
20-62    [FELONY OR CRIME INVOLVING MORAL TURPITUDE].  The Texas Department
20-63    of Public Safety shall notify the board, and the police department
20-64    and the sheriff's department of the city and county in which
20-65    [wherein] any person licensed, commissioned, or registered under
20-66    this Act resides, of the conviction of such person for a Class B
20-67    misdemeanor or equivalent offense or a greater offense [felony or a
20-68    crime involving moral turpitude].
20-69          SECTION 34.  Section 50A, Private Investigators and Private
 21-1    Security Agencies Act  (Article 4413(29bb), Vernon's Texas Civil
 21-2    Statutes), is amended to read as follows:
 21-3          Sec. 50A.  COMPLAINTS.  (a)  The board shall maintain a file
 21-4    on each written complaint filed with the board.  The file must
 21-5    include:
 21-6                (1)  the name of the person who filed the complaint;
 21-7                (2)  the date the complaint is received by the board;
 21-8                (3)  the subject matter of the complaint;
 21-9                (4)  the name of each person contacted in relation to
21-10    the complaint;
21-11                (5)  a summary of the results of the review or
21-12    investigation of the complaint; and
21-13                (6)  an explanation of the reason the file was closed,
21-14    if the agency closed the file without taking action other than to
21-15    investigate the complaint [keep an information file about each
21-16    complaint filed with the board relating to a person regulated by
21-17    the board].
21-18          (b)  The board shall provide to the person filing the
21-19    complaint a copy of the board's policies and procedures relating to
21-20    complaint investigation and resolution.
21-21          (c)  Unless it would jeopardize an undercover investigation,
21-22    the board shall provide to each person who is a subject of the
21-23    complaint a copy of the board's policies and procedures relating to
21-24    complaint investigation and resolution.
21-25          (d)  The board, at least quarterly until final disposition of
21-26    the complaint, shall notify the person filing the complaint and
21-27    each person who is a subject of the complaint of the status of the
21-28    investigation unless the notice [If a written complaint is filed
21-29    with the board relating to a person regulated by the board, the
21-30    board, at least as frequently as quarterly, shall notify the
21-31    parties to the complaint of the status of the complaint until final
21-32    disposition unless the notification] would jeopardize an undercover
21-33    investigation.
21-34          SECTION 35.  The Private Investigators and Private Security
21-35    Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) is
21-36    amended by adding Subchapter E to read as follows:
21-37                   SUBCHAPTER E.  ADMINISTRATIVE PENALTY
21-38          Sec. 61.  IMPOSITION OF PENALTY.  In addition to any other
21-39    disciplinary action taken by the board, the board may impose an
21-40    administrative penalty on a person licensed, commissioned, or
21-41    registered under this Act who violates this Act or a rule or order
21-42    adopted under this Act.
21-43          Sec. 62.  AMOUNT OF PENALTY.  (a)  Each day a violation
21-44    continues or occurs is a separate violation for purposes of
21-45    imposing a penalty.  The amount of each separate violation may not
21-46    exceed $200.
21-47          (b)  The amount of a violation shall be based on:
21-48                (1)  the seriousness of the violation, including the
21-49    nature, circumstances, extent, and gravity of the violation;
21-50                (2)  the economic harm to property or the public caused
21-51    by the violation;
21-52                (3)  the history of previous violations;
21-53                (4)  the amount necessary to deter a future violation;
21-54                (5)  efforts to correct the violation; and
21-55                (6)  any other matter that justice may require.
21-56          Sec. 63.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
21-57    (a)  If the director determines that a violation occurred, the
21-58    director may issue to the board a report stating:
21-59                (1)  the facts on which the determination is based; and
21-60                (2)  the director's recommendation on the imposition of
21-61    the penalty, including a recommendation on the amount of the
21-62    penalty.
21-63          (b)  Not later than the 14th day after the date the report is
21-64    issued, the director shall give written notice of the report to the
21-65    person.
21-66          (c)  The notice must:
21-67                (1)  include a brief summary of the alleged violation;
21-68                (2)  state the amount of the recommended penalty; and
21-69                (3)  inform the person of the person's right to a
 22-1    hearing on the occurrence of the violation, the amount of the
 22-2    penalty, or both.
 22-3          Sec. 64.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not
 22-4    later than the 20th day after the date the person receives the
 22-5    notice, the person in writing may:
 22-6                (1)  accept the determination and recommended penalty
 22-7    of the director; or
 22-8                (2)  make a request for a hearing on the occurrence of
 22-9    the violation, the amount of the penalty, or both.
22-10          (b)  If the person accepts the determination and recommended
22-11    penalty of the director, the board by order shall approve the
22-12    determination and impose the recommended penalty.
22-13          Sec. 65.  HEARING.  (a)  If the person requests a hearing or
22-14    fails to respond in a timely manner to the notice, the director
22-15    shall set a hearing and give written notice of the hearing to the
22-16    person.  An administrative law judge of the State Office of
22-17    Administrative Hearings shall hold the hearing.
22-18          (b)  The administrative law judge shall make findings of fact
22-19    and conclusions of law and promptly issue to the board a proposal
22-20    for a decision about the occurrence of the violation and the amount
22-21    of a proposed penalty.
22-22          Sec. 66.  DECISION BY BOARD.  (a)  Based on the findings of
22-23    fact, conclusions of law, and proposal for a decision, the board by
22-24    order may:
22-25                (1)  find that a violation occurred and impose a
22-26    penalty; or
22-27                (2)  find that a violation did not occur.
22-28          (b)  The notice of the board's order given to the person must
22-29    include a statement of the right of the person to judicial review
22-30    of the order.
22-31          Sec. 67.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  Not
22-32    later than the 30th day after the date the board's order becomes
22-33    final, the person shall:
22-34                (1)  pay the penalty; or
22-35                (2)  file a petition for judicial review contesting the
22-36    occurrence of the violation, the amount of the penalty, or both.
22-37          Sec. 68.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the
22-38    30-day period prescribed by Section 67 of this Act, a person who
22-39    files a petition for judicial review may:
22-40                (1)  stay enforcement of the penalty by:
22-41                      (A)  paying the penalty to the court for
22-42    placement in an escrow account; or
22-43                      (B)  giving the court a supersedeas bond approved
22-44    by the court that:
22-45                            (i)  is for the amount of the penalty; and
22-46                            (ii)  is effective until all judicial
22-47    review of the board's order is final; or
22-48                (2)  request the court to stay enforcement of the
22-49    penalty by:
22-50                      (A)  filing with the court a sworn affidavit of
22-51    the person stating that the person is financially unable to pay the
22-52    penalty and is financially unable to give the supersedeas bond; and
22-53                      (B)  giving a copy of the affidavit to the
22-54    director by certified mail.
22-55          (b)  If the director receives a copy of an affidavit under
22-56    Subsection (a)(2) of this section, the director may file with the
22-57    court, not later than the fifth day after the date the copy is
22-58    received, a contest to the affidavit.  The court shall hold a
22-59    hearing on the facts alleged in the affidavit as soon as
22-60    practicable and shall stay the enforcement of the penalty on
22-61    finding that the alleged facts are true.  The person who files an
22-62    affidavit has the burden of proving that the person is financially
22-63    unable to pay the penalty and to give a supersedeas bond.
22-64          Sec. 69.  COLLECTION OF PENALTY.  (a)  If the person does not
22-65    pay the penalty and the enforcement of the penalty is not stayed,
22-66    the penalty may be collected.
22-67          (b)  The attorney general may sue to collect the penalty.
22-68          Sec. 70.  DECISION BY COURT.  (a)  If the court sustains the
22-69    finding that a violation occurred, the court may uphold or reduce
 23-1    the amount of the penalty and order the person to pay the full or
 23-2    reduced amount of the penalty.
 23-3          (b)  If the court does not sustain the finding that a
 23-4    violation occurred, the court shall order that a penalty is not
 23-5    owed.
 23-6          Sec. 71.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the
 23-7    person paid the penalty and if the amount of the penalty is reduced
 23-8    or the penalty is not upheld by the court, the court shall order,
 23-9    when the court's judgment becomes final, that the appropriate
23-10    amount plus accrued interest be remitted to the person.
23-11          (b)  The interest accrues at the rate charged on loans to
23-12    depository institutions by the New York Federal Reserve Bank.
23-13          (c)  The interest shall be paid for the period beginning on
23-14    the date the penalty is paid and ending on the date the penalty is
23-15    remitted.
23-16          Sec. 72.  RELEASE OF BOND.  (a)  If the person gave a
23-17    supersedeas bond and the penalty is not upheld by the court, the
23-18    court shall order, when the court's judgment becomes final, the
23-19    release of the bond.
23-20          (b)  If the person gave a supersedeas bond and the amount of
23-21    the penalty is reduced, the court shall order the release of the
23-22    bond after the person pays the reduced amount.
23-23          Sec. 73.  ADMINISTRATIVE PROCEDURE.  A proceeding to impose
23-24    the penalty is considered to be a contested case under Chapter
23-25    2001, Government Code.
23-26          SECTION 36.  Article 2.12, Code of Criminal Procedure, is
23-27    amended to read as follows:
23-28          Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
23-29    officers:
23-30                (1)  sheriffs and their deputies;
23-31                (2)  constables and deputy constables;
23-32                (3)  marshals or police officers of an incorporated
23-33    city, town, or village;
23-34                (4)  rangers and officers commissioned by the Public
23-35    Safety Commission and the Director of the Department of Public
23-36    Safety;
23-37                (5)  investigators of the district attorneys', criminal
23-38    district attorneys', and county attorneys' offices;
23-39                (6)  law enforcement agents of the Texas Alcoholic
23-40    Beverage Commission;
23-41                (7)  each member of an arson investigating unit
23-42    commissioned by a city, a county, or the state;
23-43                (8)  officers commissioned under Section 37.081,
23-44    Education Code, or Subchapter E, Chapter 51, Education Code;
23-45                (9)  officers commissioned by the General Services
23-46    Commission;
23-47                (10)  law enforcement officers commissioned by the
23-48    Parks and Wildlife Commission;
23-49                (11)  airport police officers commissioned by a city
23-50    with a population of more than one million, according to the most
23-51    recent federal census, that operates an airport that serves
23-52    commercial air carriers;
23-53                (12)  airport security personnel commissioned as peace
23-54    officers by the governing body of any political subdivision of this
23-55    state, other than a city described by Subdivision (11), that
23-56    operates an airport that serves commercial air carriers;
23-57                (13)  municipal park and recreational patrolmen and
23-58    security officers;
23-59                (14)  security officers commissioned as peace officers
23-60    by the comptroller;
23-61                (15)  officers commissioned by a water control and
23-62    improvement district under Section 49.216, Water Code;
23-63                (16)  officers commissioned by a board of trustees
23-64    under Chapter 341, Acts of the 57th Legislature, Regular Session,
23-65    1961 (Article 1187f, Vernon's Texas Civil Statutes);
23-66                (17)  investigators commissioned by the Texas State
23-67    Board of Medical Examiners;
23-68                (18)  officers commissioned by the board of managers of
23-69    the Dallas County Hospital District, the Tarrant County Hospital
 24-1    District, or the Bexar County Hospital District under Section
 24-2    281.057, Health and Safety Code;
 24-3                (19)  county park rangers commissioned under Subchapter
 24-4    E, Chapter 351, Local Government Code;
 24-5                (20)  investigators employed by the Texas Racing
 24-6    Commission;
 24-7                (21)  officers commissioned by the State Board of
 24-8    Pharmacy;
 24-9                (22)  officers commissioned by the governing body of a
24-10    metropolitan rapid transit authority under Section 451.108,
24-11    Transportation Code, or by a regional transportation authority
24-12    under Section 452.110, Transportation Code;
24-13                (23)  investigators commissioned by the attorney
24-14    general under Section 402.009, Government Code;
24-15                (24)  security officers and investigators commissioned
24-16    as peace officers under Chapter 466, Government Code;
24-17                (25)  an officer employed by the Texas Department of
24-18    Health under Section 431.2471, Health and Safety Code;
24-19                (26)  officers appointed by an appellate court under
24-20    Subchapter F, Chapter 53, Government Code;
24-21                (27)  officers commissioned by the state fire marshal
24-22    under Chapter 417, Government Code;
24-23                (28)  an investigator commissioned by the commissioner
24-24    of insurance under Article 1.10D, Insurance Code;  [and]
24-25                (29)  apprehension specialists commissioned by the
24-26    Texas Youth Commission as officers under Section 61.0931, Human
24-27    Resources Code; and
24-28                (30)  board investigators commissioned by the Texas
24-29    Commission on Private Security under Section 10(f), Private
24-30    Investigators and Private Security Agencies Act (Article
24-31    4413(29bb), Vernon's Texas Civil Statutes).
24-32          SECTION 37.  Section 411.042(b), Government Code, is amended
24-33    to read as follows:
24-34          (b)  The bureau of identification and records shall:
24-35                (1)  procure and file for record photographs, pictures,
24-36    descriptions, fingerprints, measurements, and other pertinent
24-37    information of all persons arrested for or charged with a criminal
24-38    offense or convicted of a criminal offense, regardless of whether
24-39    the conviction is probated;
24-40                (2)  collect information concerning the number and
24-41    nature of offenses reported or known to have been committed in the
24-42    state and the legal steps taken in connection with the offenses,
24-43    and other information useful in the study of crime and the
24-44    administration of justice, including a statistical breakdown of
24-45    those offenses in which family violence was involved;
24-46                (3)  make ballistic tests of bullets and firearms and
24-47    chemical analyses of bloodstains, cloth, materials, and other
24-48    substances for law enforcement officers of the state;
24-49                (4)  cooperate with identification and crime records
24-50    bureaus in other states and the United States Department of
24-51    Justice; [and]
24-52                (5)  maintain a list of all previous background checks
24-53    for applicants for any position regulated under the Private
24-54    Investigators and Private Security Agencies Act (Article
24-55    4413(29bb), Vernon's Texas Civil Statutes) who have undergone a
24-56    criminal history background check under Section 411.119, if the
24-57    check indicates a Class B misdemeanor or equivalent offense or a
24-58    greater offense; and
24-59                (6)  collect information concerning the number and
24-60    nature of protective orders and all other pertinent information
24-61    about all persons on active protective orders.  Information in the
24-62    law enforcement information system relating to an active protective
24-63    order shall include:
24-64                      (A)  the name, sex, race, date of birth, personal
24-65    descriptors, address, and county of residence of the person to whom
24-66    the order is directed;
24-67                      (B)  any known identifying number of the person
24-68    to whom the order is directed, including the person's social
24-69    security number or driver's license number;
 25-1                      (C)  the name and county of residence of the
 25-2    person protected by the order;
 25-3                      (D)  the residence address and place of
 25-4    employment or business of the person protected by the order, unless
 25-5    that information is excluded from the order under Section 85.007
 25-6    [71.111], Family Code;
 25-7                      (E)  the child-care facility or school where a
 25-8    child protected by the order normally resides or which the child
 25-9    normally attends, unless that information is excluded from the
25-10    order under  Section 85.007 [71.111], Family Code;
25-11                      (F)  the relationship or former relationship
25-12    between the person who is protected by the order and the person to
25-13    whom the order is directed; and
25-14                      (G)  the date the order expires.
25-15          SECTION 38.  Section 411.119, Government Code, is amended to
25-16    read as follows:
25-17          Sec. 411.119.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
25-18    TEXAS COMMISSION ON PRIVATE SECURITY [TEXAS BOARD OF PRIVATE
25-19    INVESTIGATORS AND PRIVATE SECURITY AGENCIES].  The Texas Commission
25-20    on Private Security [Texas Board of Private Investigators and
25-21    Private Security Agencies] is entitled to obtain from the
25-22    department criminal history record information maintained by the
25-23    department, including information maintained under Section
25-24    411.042(b)(5), that relates to [a person who is]:
25-25                (1)  an applicant for a license, registration, [or]
25-26    security officer commission, letter of approval, permit, or handgun
25-27    instructor certification under the Private Investigators and
25-28    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
25-29    Civil Statutes); or
25-30                (2)  a person who holds a license, registration,
25-31    security officer commission, letter of approval, permit, or handgun
25-32    instructor certification under the Private Investigators and
25-33    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
25-34    Civil Statutes) [an applicant for a position regulated under that
25-35    Act].
25-36          SECTION 39.  (a)  The Texas Commission on Private Security,
25-37    formerly named the Texas Board of Private Investigators and Private
25-38    Security Agencies, is a criminal justice agency for the sole
25-39    purpose of directly obtaining criminal history records maintained
25-40    by the Federal Bureau of Investigation.
25-41          (b)  As soon as practicable after the effective date of this
25-42    Act, the director of the Texas Commission on Private Security shall
25-43    request from the appropriate official at the United States
25-44    Department of Justice  a determination letter as to whether the
25-45    Texas Commission on Private Security is recognized as a criminal
25-46    justice agency for the sole purpose  of directly obtaining criminal
25-47    history records maintained by the Federal Bureau of Investigation.
25-48          (c)  On receipt of the letter requested under Subsection (b)
25-49    of this section, the director of the Texas Commission on Private
25-50    Security shall give the letter to the secretary of state for
25-51    publication in the Texas Register.
25-52          (d)  Notwithstanding Section 39A, Private Investigators and
25-53    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
25-54    Civil Statutes), as added by this Act, if the letter requested
25-55    under Subsection (b) of this section grants recognition as a
25-56    criminal justice agency for the purpose  of directly obtaining
25-57    criminal history records maintained by the Federal Bureau of
25-58    Investigation, the Texas Commission on Private Security shall
25-59    directly request from the Federal Bureau of Investigation criminal
25-60    history records maintained by the Federal Bureau of Investigation
25-61    rather than making requests through the Texas Department of Public
25-62    Safety as authorized by Section 411.087, Government Code.
25-63          (e)  If the letter requested under Subsection (b) of this
25-64    section does not grant recognition as a criminal justice agency for
25-65    the purpose  of directly obtaining criminal history records
25-66    maintained by the Federal Bureau of Investigation, this section has
25-67    no effect.
25-68          SECTION 40.  (a)  For the purpose of compliance with Section
25-69    5(a), Private Investigators and Private Security Agencies Act
 26-1    (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended by
 26-2    this Act, the governor shall appoint three additional members to
 26-3    the Texas Commission on Private Security in accordance with this
 26-4    section.
 26-5          (b)  The governor shall appoint two public members and one
 26-6    person who is qualified under Section 5(a)(5), Private
 26-7    Investigators and Private Security Agencies Act (Article
 26-8    4413(29bb), Vernon's Texas Civil Statutes), as added by this Act.
 26-9    The governor shall appoint the person who is qualified under
26-10    Section 5(a)(5), Private Investigators and Private Security
26-11    Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes),
26-12    as added by this Act, to a term expiring January 31, 2001.  The
26-13    governor shall appoint one public member to a term expiring January
26-14    31, 2003, and one public member to a term expiring January 31,
26-15    2005.
26-16          SECTION 41.  (a)  For the purpose of compliance with Section
26-17    5(a), Private Investigators and Private Security Agencies Act
26-18    (Article 4413(29bb), Vernon's Texas Civil Statutes), as amended by
26-19    this Act, the governor shall appoint members to the Texas
26-20    Commission on Private Security, to fill a vacancy or as terms
26-21    expire, in accordance with this section.
26-22          (b)  In appointing members to the two positions that, before
26-23    the effective date of this Act, were held by members who were
26-24    private investigators or security service contractors, the governor
26-25    shall appoint one member who is a licensed private investigator and
26-26    one member who is a licensed alarm systems company.
26-27          SECTION 42.  The changes in law made by this Act to Section
26-28    5(a), Private Investigators and Private Security Agencies Act
26-29    (Article 4413(29bb), Vernon's Texas  Civil Statutes), do not affect
26-30    the entitlement of an appointed member of the Texas Board of
26-31    Private Investigators and Private Security Agencies serving on the
26-32    board immediately before the effective date of this Act to continue
26-33    to serve on the Texas Commission on Private Security for the
26-34    remainder of the member's term  or to serve in a holdover capacity
26-35    until a successor is appointed and takes office.  This Act does not
26-36    prohibit a board member from being reappointed to the commission if
26-37    the person has the qualifications required by the Private
26-38    Investigators and Private Security Agencies Act (Article
26-39    4413(29bb), Vernon's Texas Civil Statutes), as amended by this Act.
26-40          SECTION 43.  (a)  On and after January 1, 2000, the State
26-41    Office of Administrative Hearings shall assume responsibility for
26-42    hearings, other than on any summary suspension or summary denial of
26-43    applications, held with respect to contested cases arising under
26-44    the Private Investigators and Private Security Agencies Act
26-45    (Article 4413(29bb), Vernon's Texas Civil Statutes), and the chief
26-46    administrative law judge of the State Office of Administrative
26-47    Hearings may agree to a transfer of contested cases pending before
26-48    the Texas Commission on Private Security to the State Office of
26-49    Administrative Hearings before January 1, 2000.
26-50          (b)  This Act does not require a transfer of any personnel
26-51    from the Texas Commission on Private Security to the State Office
26-52    of Administrative Hearings.
26-53          SECTION 44.  Section 11B, Private Investigators and Private
26-54    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
26-55    Statutes), as amended by this Act, and Section 11E, Private
26-56    Investigators and Private Security Agencies Act (Article
26-57    4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
26-58    apply only to a disciplinary action that is initiated on or after
26-59    the effective date of this Act.  A disciplinary action that is
26-60    initiated before the effective date of this Act is governed by the
26-61    law in effect on the date the disciplinary action is initiated, and
26-62    that law is continued in effect for that purpose.
26-63          SECTION 45.  Section 11F, Private Investigators and Private
26-64    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
26-65    Statutes), as added by this Act, applies only to an application
26-66    filed on or after the effective date of this Act.  An application
26-67    that is filed before the effective date of this Act is governed by
26-68    the law in effect on the date the application is filed, and that
26-69    law is continued in effect for that purpose.
 27-1          SECTION 46.  Section 14(a), Private Investigators and Private
 27-2    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 27-3    Statutes), as amended by this Act, and Section 14(a-1), Private
 27-4    Investigators and Private Security Agencies Act (Article
 27-5    4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
 27-6    apply only to a license application filed on or after the effective
 27-7    date of this Act.  A license application that is filed before the
 27-8    effective date of this Act is governed by the law in effect on the
 27-9    date the license application is filed, and that law is continued in
27-10    effect for that purpose.
27-11          SECTION 47.  Section 17, Private Investigators and Private
27-12    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
27-13    Statutes), as amended by this Act, applies only to a
27-14    noncommissioned security officer registration  that expires on or
27-15    after the effective date of this Act.  A noncommissioned security
27-16    officer registration that expires before the effective date of this
27-17    Act is governed by the law in effect on the date the registration
27-18    expires, and that law is continued in effect for that purpose.
27-19          SECTION 48.  Section 20, Private Investigators and Private
27-20    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
27-21    Statutes), as amended by this Act, applies only to an application
27-22    for a security officer commission filed on or after the effective
27-23    date of this Act.  An application for a security officer commission
27-24    that is filed before the effective date of this Act is governed by
27-25    the law in effect on the date the application is filed, and that
27-26    law is continued in effect for that purpose.
27-27          SECTION 49.  Section 36, Private Investigators and Private
27-28    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
27-29    Statutes), as amended by this Act, applies only to a pocket card
27-30    issued on or after the effective date of this Act.  A pocket card
27-31    issued before the effective date of this Act is governed by the law
27-32    in effect on the date the pocket card is issued, and that law is
27-33    continued in effect for that purpose.
27-34          SECTION 50.  Sections 36A and 45A, Private Investigators and
27-35    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
27-36    Civil Statutes), as added by this Act, apply only to the renewal of
27-37    a license or registration that expires on or after the effective
27-38    date of this Act.  The renewal of a license or registration that
27-39    expires before the effective date of this Act is governed by the
27-40    law in effect immediately before the effective date of this Act,
27-41    and that law is continued in effect for that purpose.
27-42          SECTION 51.  Section 39A, Private Investigators and Private
27-43    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
27-44    Statutes), as added by this Act, applies only to a request for a
27-45    criminal history record for an application filed on or after the
27-46    effective date of this Act.  A request for a criminal history
27-47    record for an application filed before the effective date of this
27-48    Act is governed by the law in effect on the date the application is
27-49    filed, and that law is continued in effect for that purpose.
27-50          SECTION 52.  (a)  Sections 44(h) and (i), Private
27-51    Investigators and Private Security Agencies Act (Article
27-52    4413(29bb), Vernon's Texas Civil Statutes), as added by this Act,
27-53    apply only to an offense committed on or after the effective date
27-54    of this Act.  For purposes of this section, an offense is committed
27-55    before the effective date of this Act if any element of the offense
27-56    occurs before that date.
27-57          (b)  An offense committed before the effective date of this
27-58    Act is covered by the law in effect when the offense was committed,
27-59    and the former law is continued in effect for that purpose.
27-60          SECTION 53.  Subchapter E, Private Investigators and Private
27-61    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
27-62    Statutes), as added by this Act, applies only to a violation of
27-63    this Act or a rule or order adopted under this Act if that
27-64    violation occurs on or after the effective date of this Act.  A
27-65    violation that occurs before the effective date of this Act is
27-66    governed by the law in effect on the date the violation occurred,
27-67    and that law is continued in effect for that purpose.
27-68          SECTION 54.  The following provisions of the Private
27-69    Investigators and Private Security Agencies Act (Article
 28-1    4413(29bb), Vernon's Texas Civil Statutes), are repealed:
 28-2                (1)  Section 9;
 28-3                (2)  Sections 15(e) and (f);
 28-4                (3)  Sections 19(g), (h), and (j);
 28-5                (4)  Sections 33(c) and (d);
 28-6                (5)  Section 38;
 28-7                (6)  Section 39;
 28-8                (7)  Section 41;
 28-9                (8)  Section 43;
28-10                (9)  Sections 45(c)-(i); and
28-11                (10)  Section 46.
28-12          SECTION 55.  This Act takes effect September 1, 1999.
28-13          SECTION 56.  The importance of this legislation and the
28-14    crowded condition of the calendars in both houses create an
28-15    emergency and an imperative public necessity that the
28-16    constitutional rule requiring bills to be read on three several
28-17    days in each house be suspended, and this rule is hereby suspended.
28-18                                 * * * * *