By:  Barrientos                                       S.B. No. 1355
         99S0812/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to an exception for peace officers from private security
 1-2     consultant registration requirements.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsection (a), Section 3, Private Investigators
 1-5     and Private Security Agencies Act (Article 4413(29bb), Vernon's
 1-6     Texas Civil Statutes), is amended to read as follows:
 1-7           (a)  This Act does not apply to:
 1-8                 (1)  a person employed exclusively and regularly by one
 1-9     employer in connection with the affairs of an employer only and
1-10     where there exists an employer-employee relationship; provided,
1-11     however, any person who shall carry a firearm in the course of his
1-12     employment shall be required to obtain a private security officer
1-13     commission under the provisions of this Act;
1-14                 (2)  except as provided by Subsection (d) of this
1-15     Section, an officer or employee of the United States of America, or
1-16     of this State or political subdivision of either, while the
1-17     employee or officer is engaged in the performance of official
1-18     duties;
1-19                 (3)  a person who has full-time employment as a peace
1-20     officer, who receives compensation for private employment on an
1-21     individual or an independent contractor basis as a patrolman,
1-22     guard, [or] watchman, or private security consultant if the
1-23     officer:
1-24                       (A)  is employed in an employee-employer
 2-1     relationship or employed on an individual contractual basis;
 2-2                       (B)  is not in the employ of another peace
 2-3     officer;
 2-4                       (C)  is not a reserve peace officer; and
 2-5                       (D)  works as a peace officer on the average of
 2-6     at least 32 hours a week, is compensated by the state or a
 2-7     political subdivision of the state at the rate of the minimum wage
 2-8     or higher, and is entitled to all employee benefits offered to a
 2-9     peace officer by the state or political subdivision;
2-10                 (4)  a person engaged exclusively in the business of
2-11     obtaining and furnishing information for purposes of credit
2-12     worthiness or collecting debts or ascertaining the financial
2-13     responsibility of applicants for property insurance and for
2-14     indemnity or surety bonds, with respect to persons, firms, and
2-15     corporations;
2-16                 (5)  an attorney-at-law in performing his duties;
2-17                 (6)  admitted insurers, insurance adjusters, agents,
2-18     and insurance brokers licensed by the State, performing duties in
2-19     connection with insurance transacted by them;
2-20                 (7)  a person who engages exclusively in the business
2-21     of repossessing property that is secured by a mortgage or other
2-22     security interest;
2-23                 (8)  a locksmith who does not install or service
2-24     detection devices, does not conduct investigations, and is not a
2-25     security service contractor;
2-26                 (9)  a person who owns and installs burglar detection
 3-1     or alarm devices on his own property or, if he does not charge for
 3-2     the device or its installation, installs it for the protection of
 3-3     his personal property located on another's property, and does not
 3-4     install the devices as a normal business practice on the property
 3-5     of another;
 3-6                 (10)  an employee of a cattle association who is
 3-7     engaged in inspection of brands of livestock under the authority
 3-8     granted to that cattle association by the Packers and Stockyards
 3-9     Division of the United States Department of Agriculture;
3-10                 (11)  a common carrier by rail engaged in interstate
3-11     commerce and regulated by state and federal authorities and
3-12     transporting commodities essential to the national defense and to
3-13     the general welfare and safety of the community;
3-14                 (12)  a registered professional engineer practicing in
3-15     accordance with the provisions of the Texas Engineering Practice
3-16     Act that does not install or service detection devices, does not
3-17     conduct nonengineering investigations, is performing forensic
3-18     engineering studies, and is not a security services contractor;
3-19                 (13)  a person whose sale of burglar alarm signal
3-20     devices, burglary alarms, television cameras, still cameras, or
3-21     other electrical, mechanical, or electronic devices used for
3-22     preventing or detecting burglary, theft, shoplifting, pilferage, or
3-23     other losses is exclusively over-the-counter or by mail order;
3-24                 (14)  a person who holds a license or other form of
3-25     permission issued by an incorporated city or town to practice as an
3-26     electrician and who installs fire or smoke detectors in no building
 4-1     other than a single family or multifamily residence;
 4-2                 (15)  a person or organization in the business of
 4-3     building construction that installs electrical wiring and devices
 4-4     that may include in part the installation of a burglar alarm or
 4-5     detection device if:
 4-6                       (A)  the person or organization is a party to a
 4-7     contract that provides that the installation will be performed
 4-8     under the direct supervision of and inspected and certified by a
 4-9     person or organization licensed to install and certify such an
4-10     alarm or detection device and that the licensee assumes full
4-11     responsibility for the installation of the alarm or detection
4-12     device; and
4-13                       (B)  the person or organization does not service
4-14     or maintain burglar alarms or detection devices;
4-15                 (16)  a reserve peace officer while the reserve officer
4-16     is performing guard, patrolman, or watchman duties for a county and
4-17     is being compensated solely by that county;
4-18                 (17)  response to a burglar alarm or detection device
4-19     by a law enforcement agency or by a law enforcement officer acting
4-20     in an official capacity;
4-21                 (18)  a person who, by education, experience, or
4-22     background has specialized expertise or knowledge such as that
4-23     which would qualify or tend to qualify such person as an expert
4-24     witness, authorized to render opinions in proceedings conducted in
4-25     a court, administrative agency, or governing body of this state or
4-26     of the United States, in accordance with applicable rules and
 5-1     regulations and who does not perform any other service for which a
 5-2     license is required by provisions of this Act;
 5-3                 (19)  an officer, employee, or agent of a common
 5-4     carrier, as defined by Section 153(10), Communications Act of 1934
 5-5     (47 U.S.C.A.  Sec. 151 et seq.), while protecting the carrier or a
 5-6     user of the carrier's long-distance services from a fraudulent,
 5-7     unlawful, or abusive use of those long-distance services;
 5-8                 (20)  a person who sells or installs automobile burglar
 5-9     alarm devices and that does not perform any other act that requires
5-10     a license under this Act;
5-11                 (21)  a manufacturer, or a manufacturer's authorized
5-12     distributor, who sells to the holder of a license under this Act
5-13     equipment used in the operations for which the holder is required
5-14     to be licensed;
5-15                 (22)  a person employed as a noncommissioned security
5-16     officer by a political subdivision of this state;
5-17                 (23)  a person whose activities are regulated under
5-18     Article 5.43-2, Insurance Code, except to the extent that those
5-19     activities are specifically regulated under this Act;
5-20                 (24)  a landman performing activities in the course and
5-21     scope of the landman's business;
5-22                 (25)  a hospital or a wholly owned subsidiary or
5-23     affiliate of a hospital that provides medical alert services for
5-24     persons who are sick or disabled, if the hospital, subsidiary, or
5-25     affiliate is licensed under Chapter 241, Health and Safety Code,
5-26     and the hospital does not perform any other service that requires a
 6-1     license under this Act;
 6-2                 (26)  a charitable, nonprofit organization that
 6-3     provides medical alert services for persons who are sick or
 6-4     disabled, if the organization:
 6-5                       (A)  is exempt from taxation under Section
 6-6     501(c)(3), Internal Revenue Code of 1986;
 6-7                       (B)  has its monitoring services provided by a
 6-8     licensed person, licensed nurse, licensed physician assistant, or
 6-9     hospital or a wholly owned subsidiary or affiliate of a hospital
6-10     licensed under Chapter 241, Health and Safety Code; and
6-11                       (C)  does not perform any other service that
6-12     requires a license under this Act;
6-13                 (27)  a person engaged in the business of electronic
6-14     monitoring of a person as a condition of that person's probation,
6-15     parole, mandatory supervision, or release on bail, if the person
6-16     does not perform any other service that requires a license under
6-17     this Act;
6-18                 (28)  a nonprofit business or civic organization that:
6-19                       (A)  employs one or more peace officers meeting
6-20     the qualifications of Subdivision (3) of this subsection as
6-21     patrolmen, guards, or watchmen;
6-22                       (B)  provides the services of these peace
6-23     officers only to:
6-24                             (i)  its members; or
6-25                             (ii)  if the organization does not have
6-26     members, the members of the communities served by the organization
 7-1     as described in its articles of incorporation or other
 7-2     organizational documents;
 7-3                       (C)  devotes the net receipts from all charges
 7-4     for the services exclusively to the cost of providing the services
 7-5     or to the costs of other services for the enhancement of the
 7-6     security or safety of:
 7-7                             (i)  its members; or
 7-8                             (ii)  if the organization does not have
 7-9     members, the members of the communities served by the organization
7-10     as described in its articles of incorporation or other
7-11     organizational documents; and
7-12                       (D)  does not perform any other service that
7-13     requires a license under this Act;
7-14                 (29)  a charitable, nonprofit organization that
7-15     maintains a system of records to aid in the location of missing
7-16     children if the organization:
7-17                       (A)  is exempt from federal taxation under
7-18     Section 501(c)(3), Internal Revenue Code of 1986, and its
7-19     subsequent amendments;
7-20                       (B)  exclusively provides services related to
7-21     locating missing children; and
7-22                       (C) does not perform any other service that
7-23     requires a license under this Act;
7-24                 (30)  a person engaged in the business of psychological
7-25     testing or other testing and interviewing services (to include but
7-26     not limited to attitudes, honesty, intelligence, personality, and
 8-1     skills) for preemployment purposes, if the person does not perform
 8-2     any other service that requires a license under this Act;
 8-3                 (31)  a person who does not perform any other act that
 8-4     requires a license under this Act, and who is engaged in obtaining
 8-5     information classified as a public record under Chapter 552,
 8-6     Government Code, regardless of whether for compensation, unless the
 8-7     person is a full-time employee, as defined by Section 61.001, Labor
 8-8     Code, of a person licensed under this Act; or
 8-9                 (32)  a person who obtains a document for use in
8-10     litigation under an authorization or subpoena issued for a written
8-11     or oral deposition.
8-12           SECTION 2.  This Act takes effect September 1, 1999.
8-13           SECTION 3.  The importance of this legislation and the
8-14     crowded condition of the calendars in both houses create an
8-15     emergency and an imperative public necessity that the
8-16     constitutional rule requiring bills to be read on three several
8-17     days in each house be suspended, and this rule is hereby suspended.