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 * * * * *