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.