SRC-JBJ C.S.S.B. 1224 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1224
By: Harris
Criminal Justice
4/2/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the Texas Commission on Private Security (commission) is
responsible for regulating certain occupations such as investigators and
security officers.  C.S.S.B. 1224 amends sections of the Occupations Code
to clarify provisions regarding the commission. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on
Private Security in SECTION 12 (Section 1702.309, Occupations Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 1702.002(1), (6), and (11), Occupations Code,
to redefine "alarm system," "detection device," and "letter of authority." 

SECTION 2.  Amends Section 1702.002, Occupations Code, by adding
Subdivision (21), to define "extra job coordinator." 

SECTION 3.  Amends Section 1702.002(7), Occupations Code, as added by the
Act of the 77th Legislature, Regular Session, 2001, to redefine "extra job
coordinator."  

SECTION 4.  Amends Section 1702.061, Occupations Code, by adding Subsection
(d), to authorize the Texas Commission on Private Security (commission) to
commission investigators employed full-time by the commission as peace
officers.  

SECTION 5.  Amends Section 1702.061(f), Occupations Code, as added by the
Act of the 77th Legislature, Regular Session, 2001, to delete existing text
regarding assistance to the commission.   

SECTION 6.  Amends Section 1702.062, Occupations Code, to delete existing
text pertaining to the prohibition of certain fees exceeding certain
amounts.  Deletes existing Subsection (b) regarding additional fees. 
 
SECTION 7.  Amends Section 1702.105, Occupations Code, to provide that a
person acts as an alarm systems company for the purposes of this chapter if
the person sells, installs, services, monitors, or responds to an alarm
system or detection device, or consults with a person to sell, install,
service, monitor, or respond to an alarm system or detection device. 
 
SECTION 8.  Amends Section 1702.114, Occupations Code, to delete existing
text regarding an applicant's experience being consisting of three
consecutive years.  Requires that the applicant's experience must have been
legally obtained and must be reviewed by the commission or the director;
and determined to be adequate to qualify the applicant to engage in the
business of an investigations company. 

 SECTION 9.  Amends Section 1702.115(a), Occupations Code, to make a
conforming change. 
 
SECTION 10.  Amends Section 1702.223, Occupations Code, to provide that an
individual acts as an alarm systems installer for purposes of this chapter
if the individual installs, maintains, or repairs an alarm system or a
detection device. 
 
SECTION 11.  Amends Section 1702.227, Occupations Code, to provide that an
individual acts as a security salesperson for purposes of this chapter if
the individual offers to sell, service, or install an alarm system or a
detection device.  Deletes existing text pertaining to employment by a
security services contractor. 
 
SECTION 12.  Amends Chapter 1702M, Occupations Code, by adding Section
1702.309, as follows: 

Sec. 1702.309.  SECURITY OFFICER COMMISSION RENEWAL.  Requires the
commission by rule to develop a continuing education course in handgun
proficiency required for renewal of a security officer commission.
Authorizes only a commission-approved instructor to administer the
continuing education course.  Sets forth the content and length of the
instruction that the course must include.  Requires that a commissioned
security officer must demonstrate the proficiency required under Section
20(k) or (l), Private Investigators and Private Security Agencies Act
(Article 4413(29bb), Vernon's Texas Civil Statutes), within the 90-day
period before the date the commission is renewed. 
 
SECTION 13.  Amends Section 1702.309(a), Occupations Code, as added by the
Act of the 77th Legislature, Regular Session, 2001, relating to
nonsubstantive additions to and corrections in enacted codes, to set forth
the content and length of the instruction that the course must include. 
 
SECTION 14.  Amends Section 1702.323, Occupations Code, by amending
Subsections (a) and (d) and adding Subsection (e), to provide that, except
as provided by Subsections (b), (d), and (e), this chapter does not apply
to an individual employed in an employee-employer relationship exclusively
and regularly by one employer in connection with the affairs of the
employer. Provides that this chapter applies to an individual described by
Subsection (a) who meets certain criteria.  Provides that this chapter
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. 
 
SECTION 15.  Repealers:

(1)  Section 1702.166 (Geographical Scope of Security Officer Commission),
Occupations Code. 

 (2)  Section 1702.281 (Notice to Law Enforcement), Occupations Code.
 
SECTION 16.  Makes application of the changes in law made by this Act to a
license, certification, registration, commission, or letter of authority,
prospective. 
 
SECTION 17.  (a)  Provides that Sections 2, 4, and 12 of this Act take
effect only if the Act of the 77th Legislature, Regular Session, 2001,
relating to nonsubstantive additions to and corrections in enacted codes,
does not take effect. 

(b)  Provides that Sections 3, 5, and 13 of this Act take effect only if
the Act of the 77th Legislature, Regular Session, 2001, relating to
nonsubstantive additions to and corrections in enacted codes, takes effect. 
 
SECTION 18. (a)  Provides that in accordance with Section 311.031(c)
(relating to saving provisions),  Government Code, which gives effect to a
substantive amendment enacted by the same legislature that codifies the
amended statute, the text of Sections 1702.002(1), (6), and (11) and
Sections 1702.062, 1702.114, 1702.115, and 1702.323,  Occupations Code, as
set out in this Act, gives effect to changes made by Sections 2, 3, 5, 8,
10, and 21, Chapter 974, Acts of the 76th Legislature, Regular Session,
1999. 
 
(b)  Provides that to the extent of any conflict, this Act prevails over
another Act of the 77th Legislature, Regular Session, 2001, relating to
nonsubstantive additions to and corrections in enacted codes. 
 
SECTION 19.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by amending the previously proposed
changes to the definition of "alarm system." 

SECTION 2 - 19.  No changes.