By: Harris S.B. No. 1224
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to occupations regulated by the Texas Commission on
1-3 Private Security.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivisions (1), (6), and (11), Section
1-6 1702.002, Occupations Code, are amended to read as follows:
1-7 (1) "Alarm system" means an alarm system, burglar
1-8 alarm signal device, an electronic key pad with a panic alarm
1-9 feature, burglar alarm, robbery alarm, motion [television] camera,
1-10 [or] still camera, or an access system for a building with a
1-11 central computer used to signal the presence of an emergency to
1-12 which law enforcement or emergency services other than a fire
1-13 department may be [are] expected to respond.
1-14 (6) "Detection device" means an electronic device used
1-15 as a part of a burglar or robbery alarm, including a control,
1-16 audible alarm, communications device, motion detector, door or
1-17 window switch, sound detector, vibration detector, light beam,
1-18 pressure mat, wiring, or similar device.
1-19 (11) "Letter of authority" means a permit issued by
1-20 the commission that entitles the security department of a private
1-21 business to employ a commissioned or noncommissioned security
1-22 officer or a political subdivision to employ a commissioned
1-23 security officer.
1-24 SECTION 2. Section 1702.002, Occupations Code, is amended by
1-25 adding Subdivision (21) to read as follows:
2-1 (21) "Extra job coordinator" means a peace officer
2-2 who:
2-3 (A) is employed full-time by the state or a
2-4 political subdivision of the state; and
2-5 (B) schedules other peace officers to provide
2-6 guard, patrolman, or watchman services in a private capacity who
2-7 are:
2-8 (i) employed full-time by the state or a
2-9 political subdivision of the state; and
2-10 (ii) not employed by the extra job
2-11 coordinator.
2-12 SECTION 3. Subdivision (7), Section 1702.002, Occupations
2-13 Code, as added by the Act of the 77th Legislature, Regular Session,
2-14 2001, relating to nonsubstantive additions to and corrections in
2-15 enacted codes, is amended to read as follows:
2-16 (7) "Extra job coordinator" means a peace officer who:
2-17 (A) is employed full-time by the state or a
2-18 political subdivision of the state [municipality]; and
2-19 (B) schedules other peace officers to provide
2-20 guard, patrolman, or watchman services in a private capacity who
2-21 are:
2-22 (i) employed full-time by the state or a
2-23 political subdivision of the state [municipality]; and
2-24 (ii) not employed by the extra job
2-25 coordinator.
2-26 SECTION 4. Section 1702.061, Occupations Code, is amended by
3-1 adding Subsection (d) to read as follows:
3-2 (d) The Texas Commission on Private Security may commission
3-3 investigators employed full-time by the commission as peace
3-4 officers.
3-5 SECTION 5. Subsection (f), Section 1702.061, Occupations
3-6 Code, as added by the Act of the 77th Legislature, Regular Session,
3-7 2001, relating to nonsubstantive additions to and corrections in
3-8 enacted codes, is amended to read as follows:
3-9 (f) The commission may commission investigators who are
3-10 employed full-time by the commission as peace officers [for the
3-11 limited purpose of assisting the commission in investigating
3-12 alleged violations of this chapter and of commission rules].
3-13 SECTION 6. Section 1702.062, Occupations Code, is amended to
3-14 read as follows:
3-15 Sec. 1702.062. FEES. [(a)] The commission by rule shall
3-16 establish reasonable and necessary fees that produce sufficient
3-17 revenue to administer this chapter. [The fees may not produce
3-18 unnecessary fund balances and may not exceed the following amounts:]
3-19 [Class A license] [$250]
3-20 [(original and renewal)]
3-21 [Class B license] [$300]
3-22 [(original and renewal)]
3-23 [Class C license] [$440]
3-24 [(original and renewal)]
3-25 [Reinstate suspended license] [$150]
3-26 [Assignment of license] [$150]
4-1 [Change name of license] [$ 75]
4-2 [Delinquency fee] ]L_____
4-3 [Branch office certificate and renewal] [$200]
4-4 [Registration fee for private investigator, manager,]
4-5 [branch office manager, and alarm systems installer] [$ 20]
4-6 [(original and renewal)]
4-7 [Registration fee for noncommissioned security officer] [$ 25]
4-8 [(original and renewal)]
4-9 [Registration fee for security salesperson] [$ 20]
4-10 [Registration fee for alarm systems monitor] [$ 20]
4-11 [Registration fee for dog trainer] [$ 20]
4-12 [Registration fee for owner, officer, partner, or]
4-13 [shareholder of a license holder] [$ 50]
4-14 [Registration fee for security consultant] [$ 55]
4-15 [Security officer commission fee] [$ 50]
4-16 [(original and renewal)]
4-17 [School instructor fee] [$100]
4-18 [(original and renewal)]
4-19 [School approval fee] [$250]
4-20 [(original and renewal)]
4-21 [Letter of authority fee for private business]
4-22 [and political subdivision] [$300]
4-23 [Letter of authority renewal fee for private]
4-24 [business and political subdivision] [$225]
4-25 [FBI fingerprint check] [$ 25]
4-26 [Duplicate pocket card] [$ 10]
5-1 [Employee information update fee] [$ 15]
5-2 [Burglar alarm sellers renewal fee] [$ 25]
5-3 [Personal protection officer authorization] [$ 50]
5-4 [(b) In addition to other fees established under this
5-5 chapter, the commission may charge a fee each time the commission
5-6 requires a person regulated under this chapter to resubmit a set of
5-7 fingerprints for processing by the commission during the
5-8 application process for a license, registration, or commission.
5-9 The commission shall set the fee in an amount that is reasonable
5-10 and necessary to cover the commission's administrative expenses
5-11 related to processing the fingerprints.]
5-12 SECTION 7. Section 1702.105, Occupations Code, is amended to
5-13 read as follows:
5-14 Sec. 1702.105. ALARM SYSTEMS COMPANY. A person acts as an
5-15 alarm systems company for the purposes of this chapter if the
5-16 person:
5-17 (1) sells, installs, services, monitors, or responds
5-18 to an alarm system or detection device; or
5-19 (2) consults with a person to sell, install, service,
5-20 monitor, or respond to an alarm system or detection device.
5-21 SECTION 8. Section 1702.114, Occupations Code, is amended to
5-22 read as follows:
5-23 Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR INVESTIGATIONS
5-24 COMPANY LICENSE. (a) An applicant for a license to engage in the
5-25 business of an investigations company or the applicant's manager
5-26 must have, before the date of the application, three [consecutive]
6-1 years' experience in the investigative field as an employee,
6-2 manager, or owner of an investigations company or satisfy other
6-3 requirements set by the commission.
6-4 (b) The applicant's experience must have been legally
6-5 obtained and must be:
6-6 (1) reviewed by the commission or the director; and
6-7 (2) determined to be adequate to qualify the applicant
6-8 to engage in the business of an investigations company.
6-9 SECTION 9. Subsection (a), Section 1702.115, Occupations
6-10 Code, is amended to read as follows:
6-11 (a) An applicant for a license to engage in the business of
6-12 a security services contractor or the applicant's manager must
6-13 have, before the date of the application, two [consecutive] years'
6-14 experience in each security services field for which the person
6-15 applies as an employee, manager, or owner of a security services
6-16 contractor or satisfy other requirements set by the commission.
6-17 SECTION 10. Section 1702.223, Occupations Code, is amended
6-18 to read as follows:
6-19 Sec. 1702.223. ALARM SYSTEMS INSTALLER. An individual acts
6-20 as an alarm systems installer for purposes of this chapter if the
6-21 individual installs, maintains, or repairs an alarm system or a
6-22 detection device.
6-23 SECTION 11. Section 1702.227, Occupations Code, is amended
6-24 to read as follows:
6-25 Sec. 1702.227. SECURITY SALESPERSON. An individual acts as
6-26 a security salesperson for purposes of this chapter if the
7-1 individual offers to sell, service, or install an alarm system or a
7-2 detection device [is employed by a security services contractor to
7-3 sell services offered by the contractor].
7-4 SECTION 12. Subchapter M, Chapter 1702, Occupations Code, is
7-5 amended by adding Section 1702.309 to read as follows:
7-6 Sec. 1702.309. SECURITY OFFICER COMMISSION RENEWAL.
7-7 (a) The Texas Commission on Private Security by rule shall develop
7-8 a continuing education course in handgun proficiency required for
7-9 renewal of a security officer commission. Only a
7-10 commission-approved instructor may administer the continuing
7-11 education course. The course must include:
7-12 (1) at least two hours of instruction on one or more
7-13 of the subjects listed in Section 20(j), Private Investigators and
7-14 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
7-15 Civil Statutes);
7-16 (2) at least two hours of instruction on the
7-17 relationship between law enforcement and private security; and
7-18 (3) other information that the director determines is
7-19 appropriate.
7-20 (b) A commissioned security officer must demonstrate the
7-21 proficiency required under Section 20(k) or (l), Private
7-22 Investigators and Private Security Agencies Act (Article
7-23 4413(29bb), Vernon's Texas Civil Statutes), within the 90-day
7-24 period before the date the commission is renewed.
7-25 SECTION 13. Subsection (a), Section 1702.309, Occupations
7-26 Code, as added by the Act of the 77th Legislature, Regular Session,
8-1 2001, relating to nonsubstantive additions to and corrections in
8-2 enacted codes, is amended to read as follows:
8-3 (a) The commission by rule shall develop a continuing
8-4 education course in handgun proficiency required for renewal of a
8-5 security officer commission. Only a commission-approved instructor
8-6 may administer the continuing education course. The course must
8-7 include:
8-8 (1) at least two [four] hours of instruction on one or
8-9 more of the subjects listed in Section 1702.1675(g); [and]
8-10 (2) at least two hours of instruction on the
8-11 relationship between law enforcement and private security; and
8-12 (3) other information that the director determines is
8-13 appropriate.
8-14 SECTION 14. Section 1702.323, Occupations Code, is amended
8-15 by amending Subsections (a) and (d) and adding Subsection (e) to
8-16 read as follows:
8-17 (a) Except as provided by Subsections (b), [and] (d), and
8-18 (e), this chapter does not apply to an individual employed in an
8-19 employee-employer relationship exclusively and regularly by one
8-20 employer in connection with the affairs of the employer.
8-21 (d) This chapter applies to an individual described by
8-22 Subsection (a) who[:]
8-23 [(1) works at a location that is open to the public;
8-24 and]
8-25 [(2)] in the course of employment:
8-26 (1) [(A) regularly] comes into contact with the
9-1 public; and
9-2 (2) [(B)] wears a uniform with any type of badge
9-3 commonly associated with security personnel or law enforcement or a
9-4 patch or apparel with "security" or the name of the employer on the
9-5 patch or apparel.
9-6 (e) This chapter applies to any person who conducts an
9-7 investigation if the investigation involves a person, or the
9-8 affairs of a person, who is not employed by the same employer as
9-9 the person conducting the investigation and the investigation is
9-10 not conducted on the premises of the employer. Premises of the
9-11 employer include walkways, parking areas, and other areas relating
9-12 to the affairs of the employer.
9-13 SECTION 15. The following laws are repealed:
9-14 (1) Section 1702.166, Occupations Code; and
9-15 (2) Section 1702.281, Occupations Code.
9-16 SECTION 16. The changes in law made by this Act apply only
9-17 to a license, certification, registration, commission, or letter of
9-18 authority that is originally issued or renewed on or after the
9-19 effective date of this Act. An issuance or renewal that occurs
9-20 before the effective date of this Act is governed by the law in
9-21 effect immediately before the effective date of this Act, and the
9-22 former law is continued in effect for that purpose.
9-23 SECTION 17. (a) Sections 2, 4, and 12 of this Act take
9-24 effect only if the Act of the 77th Legislature, Regular Session,
9-25 2001, relating to nonsubstantive additions to and corrections in
9-26 enacted codes, does not take effect.
10-1 (b) Sections 3, 5, and 13 of this Act take effect only if
10-2 the Act of the 77th Legislature, Regular Session, 2001, relating to
10-3 nonsubstantive additions to and corrections in enacted codes, takes
10-4 effect.
10-5 SECTION 18. (a) In accordance with Subsection (c), Section
10-6 311.031, Government Code, which gives effect to a substantive
10-7 amendment enacted by the same legislature that codifies the amended
10-8 statute, the text of Subdivisions (1), (6), and (11), Section
10-9 1702.002, and Sections 1702.062, 1702.114, 1702.115, and 1702.323,
10-10 Occupations Code, as set out in this Act, gives effect to changes
10-11 made by Sections 2, 3, 5, 8, 10, and 21, Chapter 974, Acts of the
10-12 76th Legislature, Regular Session, 1999.
10-13 (b) To the extent of any conflict, this Act prevails over
10-14 another Act of the 77th Legislature, Regular Session, 2001,
10-15 relating to nonsubstantive additions to and corrections in enacted
10-16 codes.
10-17 SECTION 19. This Act takes effect September 1, 2001.