By Bosse H.B. No. 3036
77R8506 GJH-D
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:
2-8 (1) at least two [four] hours of instruction on [one
2-9 or more of] the subjects listed in Section 1702.1675(g); [and]
2-10 (2) at least two hours of instruction on the
2-11 relationship between law enforcement and private security; and
2-12 (3) other information that the director determines is
2-13 appropriate.
2-14 SECTION 3. Section 1702.323(d), Occupations Code, is amended
2-15 to read as follows:
2-16 (d) This chapter applies to an individual described by
2-17 Subsection (a) who[:]
2-18 [(1) works at a location that is open to the public;
2-19 and]
2-20 [(2)] in the course of employment:
2-21 (1) [(A) regularly] comes into contact with the
2-22 public; and
2-23 (2) [(B)] wears a uniform with any type of badge
2-24 commonly associated with security personnel or law enforcement or a
2-25 patch or apparel with "security" or the name of the employer on the
2-26 patch or apparel.
2-27 SECTION 4. The changes in law made by this Act apply only to
3-1 a commission or letter of authority that is renewed on or after the
3-2 effective date of this Act. A renewal that occurs before the
3-3 effective date of this Act is governed by the law in effect
3-4 immediately before the effective date of this Act, and the former
3-5 law is continued in effect for that purpose.
3-6 SECTION 5. (a) Section 1 of this Act takes effect only if
3-7 the Act of the 77th Legislature, Regular Session, 2001, relating to
3-8 nonsubstantive additions to and corrections in enacted codes, does
3-9 not take effect.
3-10 (b) Section 2 of this Act takes effect only if the Act of
3-11 the 77th Legislature, Regular Session, 2001, relating to
3-12 nonsubstantive additions to and corrections in enacted codes, takes
3-13 effect.
3-14 SECTION 6. (a) In accordance with Section 311.031(c),
3-15 Government Code, which gives effect to a substantive amendment
3-16 enacted by the same legislature that codifies the amended statute,
3-17 the text of Section 1702.323, Occupations Code, as set out in this
3-18 Act, gives effect to changes made by Section 3, Chapter 974, Acts
3-19 of the 76th Legislature, Regular Session, 1999.
3-20 (b) To the extent of any conflict, this Act prevails over
3-21 another Act of the 77th Legislature, Regular Session, 2001,
3-22 relating to nonsubstantive additions to and corrections in enacted
3-23 codes.
3-24 SECTION 7. This Act takes effect September 1, 2001.