1-1 By: Bosse (Senate Sponsor - Harris) H.B. No. 3036
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on Criminal
1-4 Justice; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of certain security personnel.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subchapter M, Chapter 1702, Occupations Code, is
1-11 amended by adding Section 1702.309 to read as follows:
1-12 Sec. 1702.309. SECURITY OFFICER COMMISSION RENEWAL. (a) The
1-13 commission by rule shall develop a continuing education course
1-14 required for renewal of a security officer commission. Only a
1-15 commission-approved instructor may administer the continuing
1-16 education course. The course must include:
1-17 (1) at least two hours of instruction on the subjects
1-18 listed in Section 20(j), Private Investigators and Private Security
1-19 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes);
1-20 (2) at least two hours of instruction on the
1-21 relationship between law enforcement and private security; and
1-22 (3) other information that the director determines is
1-23 appropriate.
1-24 (b) A commissioned security officer must demonstrate the
1-25 proficiency required under Section 20(k) or (l), Private
1-26 Investigators and Private Security Agencies Act (Article
1-27 4413(29bb), Vernon's Texas Civil Statutes), within the 90-day
1-28 period before the date the commission is renewed.
1-29 SECTION 2. Section 1702.309(a), Occupations Code, as added by
1-30 the Act of the 77th Legislature, Regular Session, 2001, relating to
1-31 nonsubstantive additions to and corrections in enacted codes, is
1-32 amended to read as follows:
1-33 (a) The commission by rule shall develop a continuing
1-34 education course [in handgun proficiency] required for renewal of a
1-35 security officer commission. Only a commission-approved instructor
1-36 may administer the continuing education course. The course must
1-37 include six hours of commission-approved instruction[:]
1-38 [(1) at least four hours of instruction on one or more
1-39 of the subjects listed in Section 1702.1675(g); and]
1-40 [(2) other information that the director determines is
1-41 appropriate].
1-42 SECTION 3. Section 1702.323(d), Occupations Code, is amended
1-43 to read as follows:
1-44 (d) This chapter applies to an individual described by
1-45 Subsection (a) who[:]
1-46 [(1) works at a location that is open to the public;
1-47 and]
1-48 [(2)] in the course of employment:
1-49 (1) [(A) regularly] comes into contact with the
1-50 public; [and]
1-51 (2) [(B)] wears a uniform with any type of badge
1-52 commonly associated with security personnel or law enforcement or a
1-53 patch or apparel with "security" [or the name of the employer] on
1-54 the patch or apparel; and
1-55 (3) performs a duty described by Section 1702.222.
1-56 SECTION 4. The changes in law made by this Act apply only to
1-57 a commission or letter of authority that is renewed on or after the
1-58 effective date of this Act. A renewal that occurs before the
1-59 effective date of this Act is governed by the law in effect
1-60 immediately before the effective date of this Act, and the former
1-61 law is continued in effect for that purpose.
1-62 SECTION 5. (a) Section 1 of this Act takes effect only if
1-63 the Act of the 77th Legislature, Regular Session, 2001, relating to
1-64 nonsubstantive additions to and corrections in enacted codes, does
2-1 not take effect.
2-2 (b) Section 2 of this Act takes effect only if the Act of
2-3 the 77th Legislature, Regular Session, 2001, relating to
2-4 nonsubstantive additions to and corrections in enacted codes, takes
2-5 effect.
2-6 SECTION 6. (a) In accordance with Section 311.031(c),
2-7 Government Code, which gives effect to a substantive amendment
2-8 enacted by the same legislature that codifies the amended statute,
2-9 the text of Section 1702.323, Occupations Code, as set out in this
2-10 Act, gives effect to changes made by Section 3, Chapter 974, Acts
2-11 of the 76th Legislature, Regular Session, 1999.
2-12 (b) To the extent of any conflict, this Act prevails over
2-13 another Act of the 77th Legislature, Regular Session, 2001,
2-14 relating to nonsubstantive additions to and corrections in enacted
2-15 codes.
2-16 SECTION 7. This Act takes effect September 1, 2001.
2-17 * * * * *