HBA-NRS S.B. 1224 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1224
By: Harris
Public Safety
5/5/2001
Engrossed



BACKGROUND AND PURPOSE 

The Texas Commission on Private Security (commission) is responsible for
regulating occupations such as investigators and security officers. Senate
Bill 1224 modifies applicant licensure provisions, continuing education
provisions, and the applicability of the Private Investigators and Private
Security Agencies Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Commission on Private
Security in SECTION 12 (Section 1702.309, Occupations Code) of this bill. 

ANALYSIS

Senate Bill 1224 amends the Occupations Code to authorize the Texas
Commission on Private Security (commission) to commission investigators
employed full-time by the commission as peace officers (Sec. 1702.061). The
bill removes the fee limit that is charged to produce sufficient revenue to
administer the Private Investigators and Private Security Agencies Act
(Act). The bill removes the provision authorizing the commission to charge
a fee for the resubmission of fingerprints during the application process
for a license, registration, or commission (Sec. 1702.062). The bill
removes the condition that the experience required of an applicant or the
applicant's manager to receive a license to engage in the business of an
investigations company or the business of a security services contractor
must have been in consecutive years (Secs. 1702.114 and 1702.115). 

The bill requires the commission by rule to develop a continuing education
course in handgun proficiency required for the renewal of a security
officer commission. Only an instructor approved by the commission may
administer the continuing education course. The bill specifies the content
of the course (Sec. 1702.309).  

The bill provides that the Act applies to any person who conducts an
investigation if the investigation involves a person, or the affairs of a
person, who is not employed by the same employer as the person conducting
the investigation and the investigation is not conducted on the premises of
the employer (Sec. 1702.323). The bill repeals provisions limiting the
geographical scope of a security officer commission and requiring notice of
the issuance, revocation, reinstatement, or expiration of a license,
registration, or commission of a person regulated by this Act to the
sheriff of a county and the chief of police of the principal municipality
of a county (SECTION 15). 

EFFECTIVE DATE

September 1, 2001.