By Bosse                                              H.B. No. 3036
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of certain security personnel.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter M, Chapter 1702, Occupations Code, is
 1-5     amended by adding Section 1702.309 to read as follows:
 1-6           Sec. 1702.309.  SECURITY OFFICER COMMISSION RENEWAL. (a)  The
 1-7     commission by rule shall develop a continuing education course
 1-8     required for renewal of a security officer commission.  Only a
 1-9     commission-approved instructor may administer the continuing
1-10     education course.  The course must include:
1-11                 (1)  at least two hours of instruction on the subjects
1-12     listed in Section 20(j), Private Investigators and Private Security
1-13     Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes);
1-14                 (2)  at least two hours of instruction on the
1-15     relationship between law enforcement and private security; and
1-16                 (3)  other information that the director determines is
1-17     appropriate.
1-18           (b)  A commissioned security officer must demonstrate the
1-19     proficiency required under Section 20(k) or (l), Private
1-20     Investigators and Private Security Agencies Act (Article
1-21     4413(29bb), Vernon's Texas Civil Statutes), within the 90-day
1-22     period before the date the commission is renewed.
1-23           SECTION 2. Section 1702.309(a), Occupations Code, as added by
1-24     the Act of the 77th Legislature, Regular Session, 2001, relating to
 2-1     nonsubstantive additions to  and corrections in enacted codes, is
 2-2     amended to read as follows:
 2-3           (a)  The commission by rule shall develop a continuing
 2-4     education course [in handgun proficiency] required for renewal of a
 2-5     security officer commission.  Only a commission-approved instructor
 2-6     may administer the continuing education course.  The course must
 2-7     include six hours of commission-approved instruction[:]
 2-8                 [(1)  at least four hours of instruction on one or more
 2-9     of the subjects listed in Section 1702.1675(g); and]
2-10                 [(2)  other information that the director determines is
2-11     appropriate].
2-12           SECTION 3.  Section 1702.323(d), Occupations Code, is amended
2-13     to read as follows:
2-14           (d)  This chapter applies to an individual described by
2-15     Subsection (a)  who[:]
2-16                 [(1)  works at a location that is open to the public;
2-17     and]
2-18                 [(2)]  in the course of employment:
2-19                 (1)  [(A)  regularly] comes into contact with the
2-20     public; [and]
2-21                 (2) [(B)]  wears a uniform with any type of badge
2-22     commonly associated with security personnel or law enforcement or a
2-23     patch or apparel with "security" [or the name of the employer] on
2-24     the patch or apparel; and
2-25                 (3)  performs a duty described by Section 1702.222.
2-26           SECTION 4. The changes in law made by this Act apply only to
2-27     a commission or letter of authority that is renewed on or after the
 3-1     effective date of this Act. A renewal that occurs before the
 3-2     effective date of this Act is governed by the law in effect
 3-3     immediately before the effective date of this Act, and the former
 3-4     law is continued in effect for that purpose.
 3-5           SECTION 5. (a)  Section 1 of this Act takes effect only if
 3-6     the Act of the 77th Legislature, Regular Session, 2001, relating to
 3-7     nonsubstantive additions to and corrections in enacted codes, does
 3-8     not take effect.
 3-9           (b)  Section 2 of this Act takes effect only if the Act of
3-10     the 77th Legislature, Regular Session, 2001, relating to
3-11     nonsubstantive additions to and corrections in enacted codes, takes
3-12     effect.
3-13           SECTION 6. (a)  In accordance with Section 311.031(c),
3-14     Government Code, which gives effect to a substantive amendment
3-15     enacted by the same legislature that codifies the amended statute,
3-16     the text of Section 1702.323, Occupations Code, as set out in this
3-17     Act, gives effect to changes made by Section 3, Chapter 974, Acts
3-18     of the 76th Legislature, Regular Session, 1999.
3-19           (b)  To the extent of any conflict, this Act prevails over
3-20     another Act of the 77th Legislature, Regular Session, 2001,
3-21     relating to nonsubstantive additions to and corrections in enacted
3-22     codes.
3-23           SECTION 7.  This Act takes effect September 1, 2001.