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, electronic keypad with a panic alarm feature,
1-9 burglar alarm, robbery alarm, closed circuit [television] camera
1-10 used as a detection device, medical alert services button, or
1-11 remote panic alarm button [still camera used to signal the presence
1-12 of an emergency to which law enforcement or emergency services are
1-13 expected to respond].
1-14 (6) "Detection device" means an electronic device used
1-15 as a part of a burglar, emergency, or robbery alarm, including an
1-16 electronic security control panel [a control], audible alarm,
1-17 communications device, motion detector, door or window switch,
1-18 sound detector, vibration detector, light beam, pressure mat, or
1-19 wiring used as part of an alarm device, an electronic device used
1-20 to limit a person's access into a structure or gate compound,
1-21 including a card reader, proximity reader, push-button keypad, door
1-22 or gate entry device, or a similar device.
1-23 (11) "Letter of authority" means a permit issued by
1-24 the commission that entitles the security department of a private
1-25 business to employ a commissioned or noncommissioned security
2-1 officer or a political subdivision to employ a commissioned
2-2 security officer.
2-3 SECTION 2. Section 1702.002, Occupations Code, is amended by
2-4 adding Subdivision (21) to read as follows:
2-5 (21) "Extra job coordinator" means a peace officer
2-6 who:
2-7 (A) is employed full-time by the state or a
2-8 political subdivision of the state; and
2-9 (B) schedules other peace officers to provide
2-10 guard, patrolman, or watchman services in a private capacity who
2-11 are:
2-12 (i) employed full-time by the state or a
2-13 political subdivision of the state; and
2-14 (ii) not employed by the extra job
2-15 coordinator.
2-16 SECTION 3. Subdivision (7), Section 1702.002, Occupations
2-17 Code, as added by the Act of the 77th Legislature, Regular Session,
2-18 2001, relating to nonsubstantive additions to and corrections in
2-19 enacted codes, is amended to read as follows:
2-20 (7) "Extra job coordinator" means a peace officer who:
2-21 (A) is employed full-time by the state or a
2-22 political subdivision of the state [municipality]; and
2-23 (B) schedules other peace officers to provide
2-24 guard, patrolman, or watchman services in a private capacity who
2-25 are:
2-26 (i) employed full-time by the state or a
3-1 political subdivision of the state [municipality]; and
3-2 (ii) not employed by the extra job
3-3 coordinator.
3-4 SECTION 4. Section 1702.061, Occupations Code, is amended by
3-5 adding Subsection (d) to read as follows:
3-6 (d) The Texas Commission on Private Security may commission
3-7 investigators employed full-time by the commission as peace
3-8 officers.
3-9 SECTION 5. Subsection (f), Section 1702.061, Occupations
3-10 Code, as added by the Act of the 77th Legislature, Regular Session,
3-11 2001, relating to nonsubstantive additions to and corrections in
3-12 enacted codes, is amended to read as follows:
3-13 (f) The commission may commission investigators who are
3-14 employed full-time by the commission as peace officers [for the
3-15 limited purpose of assisting the commission in investigating
3-16 alleged violations of this chapter and of commission rules].
3-17 SECTION 6. Section 1702.062, Occupations Code, is amended to
3-18 read as follows:
3-19 Sec. 1702.062. FEES. (a) The commission by rule shall
3-20 establish reasonable and necessary fees that produce sufficient
3-21 revenue to administer this chapter. [The fees may not produce
3-22 unnecessary fund balances and may not exceed the following amounts:]
3-23 [Class A license] [$250]
3-24 [(original and renewal)]
3-25 [Class B license] [$300]
3-26 [(original and renewal)]
4-1 [Class C license] [$440]
4-2 [(original and renewal)]
4-3 [Reinstate suspended license] [$150]
4-4 [Assignment of license] [$150]
4-5 [Change name of license] [$ 75]
4-6 [Delinquency fee] ]L_____
4-7 [Branch office certificate and renewal] [$200]
4-8 [Registration fee for private investigator, manager,]
4-9 [branch office manager, and alarm systems installer] [$ 20]
4-10 [(original and renewal)]
4-11 [Registration fee for noncommissioned security officer] [$ 25]
4-12 [(original and renewal)]
4-13 [Registration fee for security salesperson] [$ 20]
4-14 [Registration fee for alarm systems monitor] [$ 20]
4-15 [Registration fee for dog trainer] [$ 20]
4-16 [Registration fee for owner, officer, partner, or]
4-17 [shareholder of a license holder] [$ 50]
4-18 [Registration fee for security consultant] [$ 55]
4-19 [Security officer commission fee] [$ 50]
4-20 [(original and renewal)]
4-21 [School instructor fee] [$100]
4-22 [(original and renewal)]
4-23 [School approval fee] [$250]
4-24 [(original and renewal)]
4-25 [Letter of authority fee for private business]
4-26 [and political subdivision] [$300]
5-1 [Letter of authority renewal fee for private]
5-2 [business and political subdivision] [$225]
5-3 [FBI fingerprint check] [$ 25]
5-4 [Duplicate pocket card] [$ 10]
5-5 [Employee information update fee] [$ 15]
5-6 [Burglar alarm sellers renewal fee] [$ 25]
5-7 [Personal protection officer authorization] [$ 50]
5-8 (b) In addition to [other] fees established under this
5-9 chapter or the General Appropriations Act, the commission may
5-10 charge a fee each time the commission requires a person regulated
5-11 under this chapter to resubmit a set of fingerprints for processing
5-12 by the commission during the application process for a license,
5-13 registration, or commission. The commission shall set the fee in
5-14 an amount that is reasonable and necessary to cover the
5-15 commission's administrative expenses related to processing the
5-16 fingerprints.
5-17 (c) A person whose pocket card has not expired is not
5-18 eligible to receive from the commission another pocket card in the
5-19 same classification in which the pocket card is held.
5-20 SECTION 7. Section 1702.105, Occupations Code, is amended to
5-21 read as follows:
5-22 Sec. 1702.105. ALARM SYSTEMS COMPANY. A person acts as an
5-23 alarm systems company for the purposes of this chapter if the
5-24 person:
5-25 (1) sells, installs, services, monitors, or responds
5-26 to an alarm system or detection device; or
6-1 (2) consults with a person to sell, install, service,
6-2 monitor, or respond to an alarm system or detection device.
6-3 SECTION 8. Section 1702.114, Occupations Code, is amended to
6-4 read as follows:
6-5 Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR INVESTIGATIONS
6-6 COMPANY LICENSE. (a) An applicant for a license to engage in the
6-7 business of an investigations company or the applicant's manager
6-8 must have, before the date of the application, three [consecutive]
6-9 years' experience in the investigative field as an employee,
6-10 manager, or owner of an investigations company or satisfy other
6-11 requirements set by the commission.
6-12 (b) The applicant's experience must have been legally
6-13 obtained and must be:
6-14 (1) reviewed by the commission or the director; and
6-15 (2) determined to be adequate to qualify the applicant
6-16 to engage in the business of an investigations company.
6-17 SECTION 9. Subsection (a), Section 1702.115, Occupations
6-18 Code, is amended to read as follows:
6-19 (a) An applicant for a license to engage in the business of
6-20 a security services contractor or the applicant's manager must
6-21 have, before the date of the application, two [consecutive] years'
6-22 experience in each security services field for which the person
6-23 applies as an employee, manager, or owner of a security services
6-24 contractor or satisfy other requirements set by the commission.
6-25 SECTION 10. Section 1702.223, Occupations Code, is amended
6-26 to read as follows:
7-1 Sec. 1702.223. ALARM SYSTEMS INSTALLER. An individual acts
7-2 as an alarm systems installer for purposes of this chapter if the
7-3 individual installs, maintains, or repairs an alarm system or a
7-4 detection device.
7-5 SECTION 11. Section 1702.227, Occupations Code, is amended
7-6 to read as follows:
7-7 Sec. 1702.227. SECURITY SALESPERSON. An individual acts as
7-8 a security salesperson for purposes of this chapter if the
7-9 individual offers to sell, service, or install an alarm system or a
7-10 detection device [is employed by a security services contractor to
7-11 sell services offered by the contractor].
7-12 SECTION 12. Subchapter M, Chapter 1702, Occupations Code, is
7-13 amended by adding Section 1702.309 to read as follows:
7-14 Sec. 1702.309. SECURITY OFFICER COMMISSION RENEWAL.
7-15 (a) The Texas Commission on Private Security by rule shall develop
7-16 a continuing education course required for renewal of a security
7-17 officer commission. Only a commission-approved instructor may
7-18 administer the continuing education course. The course must
7-19 include at least six hours of instruction determined by the
7-20 director of the commission.
7-21 (b) A commissioned security officer must demonstrate the
7-22 proficiency required under Section 20(k) or (l), Private
7-23 Investigators and Private Security Agencies Act (Article
7-24 4413(29bb), Vernon's Texas Civil Statutes), within the 90-day
7-25 period before the date the commission is renewed.
7-26 SECTION 13. Subsection (a), Section 1702.309, Occupations
8-1 Code, as added by the Act of the 77th Legislature, Regular Session,
8-2 2001, relating to nonsubstantive additions to and corrections in
8-3 enacted codes, is amended to read as follows:
8-4 (a) The commission by rule shall develop a continuing
8-5 education course [in handgun proficiency] required for renewal of a
8-6 security officer commission. Only a commission-approved instructor
8-7 may administer the continuing education course. The course must
8-8 include[:]
8-9 [(1)] at least six [four] hours of instruction
8-10 determined by the director of the commission [on one or more of the
8-11 subjects listed in Section 1702.1675(g); and]
8-12 [(2) 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
9-5 the patch or apparel; or
9-6 (3) performs a duty described by Section 1702.222.
9-7 (e) This chapter applies to any person who conducts an
9-8 investigation if the investigation involves a person, or the
9-9 affairs of a person, who is not employed by the same employer as
9-10 the person conducting the investigation and the investigation is
9-11 not conducted on the premises of the employer. Premises of the
9-12 employer include walkways, parking areas, and other areas relating
9-13 to the affairs of the employer.
9-14 SECTION 15. Subsection (b), Section 1702.324, Occupations
9-15 Code, is amended to read as follows:
9-16 (b) This chapter does not apply to:
9-17 (1) a manufacturer or a manufacturer's authorized
9-18 distributor who sells equipment to a license holder that is used in
9-19 the operations for which the person is required to be licensed;
9-20 (2) a person engaged exclusively in the business of
9-21 obtaining and providing information to:
9-22 (A) determine creditworthiness;
9-23 (B) collect debts; or
9-24 (C) ascertain the reliability of information
9-25 provided by an applicant for property, life, or disability
9-26 insurance or an indemnity or surety bond;
10-1 (3) a person engaged exclusively in the business of
10-2 repossessing property that is secured by a mortgage or other
10-3 security interest;
10-4 (4) a locksmith who:
10-5 (A) does not install or service detection
10-6 devices;
10-7 (B) does not conduct investigations; and
10-8 (C) is not a security services contractor;
10-9 (5) a person who:
10-10 (A) is engaged in the business of psychological
10-11 testing or other testing and interviewing services, including
10-12 services to determine attitudes, honesty, intelligence,
10-13 personality, and skills, for preemployment purposes; and
10-14 (B) does not perform any other service that
10-15 requires a license under this chapter;
10-16 (6) a person who:
10-17 (A) is engaged in obtaining information that is
10-18 a public record under Chapter 552, Government Code, regardless of
10-19 whether the person receives compensation;
10-20 (B) is not a full-time employee, as defined by
10-21 Section 61.001, Labor Code, of a person licensed under this
10-22 chapter; and
10-23 (C) does not perform any other act that requires
10-24 a license under this chapter;
10-25 (7) a licensed professional engineer practicing
10-26 engineering or directly supervising engineering practice under The
11-1 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
11-2 Statutes), including forensic analysis, burglar alarm system
11-3 engineering, and necessary data collection;
11-4 (8) an employee of a cattle association who inspects
11-5 livestock brands under the authority granted to the cattle
11-6 association by the Grain Inspection, Packers and Stockyards
11-7 Administration of the United States Department of Agriculture;
11-8 (9) a landman performing activities in the course and
11-9 scope of the landman's business;
11-10 (10) an attorney while engaged in the practice of law;
11-11 (11) a person who obtains a document for use in
11-12 litigation under an authorization or subpoena issued for a written
11-13 or oral deposition; [or]
11-14 (12) an admitted insurer, insurance adjuster, agent,
11-15 or insurance broker licensed by the state, performing duties in
11-16 connection with insurance transacted by that person;
11-17 (13) a person who:
11-18 (A) installs, repairs, or performs services on
11-19 garage door operators and garage door remote controllers in single
11-20 and multiple family residential structures; and
11-21 (B) does not perform any other act that requires
11-22 a license under this chapter;
11-23 (14) a person who:
11-24 (A) installs, repairs, or performs services on
11-25 gate operators and remote gate controllers in single family
11-26 residential structures or performs services on gate operators in
12-1 multiple family residential or commercial facilities; and
12-2 (B) does not perform any other act that requires
12-3 a license under this chapter; or
12-4 (15) a person who installs, repairs, or performs
12-5 services on a single door access system that is not connected to a
12-6 central system.
12-7 SECTION 16. Subchapter P, Chapter 1702, Occupations Code, is
12-8 amended by adding Section 1702.3863 to conform to Section 1,
12-9 Chapter 388, and Section 31, Chapter 974, Acts of the 76th
12-10 Legislature, Regular Session, 1999, and by amending that section to
12-11 read as follows:
12-12 Sec. 1702.3863. UNAUTHORIZED CONTRACT WITH BAIL BOND SURETY;
12-13 OFFENSE. (a) A person commits an offense if the person contracts
12-14 with a bail bond surety as defined by Chapter 1704 to secure the
12-15 appearance of a person who has forfeited a bail bond, unless the
12-16 person is:
12-17 (1) a peace officer;
12-18 (2) an individual licensed as a private investigator
12-19 or the manager of a licensed investigations company;
12-20 (3) a commissioned security officer employed by a
12-21 licensed guard company;
12-22 (4) a bail bond surety who holds a license under
12-23 Chapter 1704 as an individual;
12-24 (5) the agent designated in the license application of
12-25 a corporate bail bond surety under Chapter 1704; or
12-26 (6) a full-time employee of:
13-1 (A) a bail bond surety who holds a license under
13-2 Chapter 1704 as an individual; or
13-3 (B) the agent designated in the license
13-4 application of a corporate bail bond surety under Chapter 1704.
13-5 (b) An offense under Subsection (a) is a state jail felony.
13-6 SECTION 17. Subsection (e), Article 17.19, Code of Criminal
13-7 Procedure, is amended to read as follows:
13-8 (e) An arrest warrant issued under this article may be
13-9 executed by:
13-10 (1) a peace officer;
13-11 (2) [,] a commissioned security officer employed by a
13-12 guard company licensed under Chapter 1702, Occupations Code;
13-13 (3) an individual licensed under Chapter 1702,
13-14 Occupations Code, as[, or] a private investigator or the manager of
13-15 a licensed investigations company;
13-16 (4) a bail bond surety who holds a license under
13-17 Chapter 1704, Occupations Code, as an individual;
13-18 (5) the agent that is designated in the license
13-19 application of a corporate bail bond surety under Chapter 1704,
13-20 Occupations Code; or
13-21 (6) a full-time employee of:
13-22 (A) a bail bond surety who holds a license under
13-23 Chapter 1704, Occupations Code, as an individual; or
13-24 (B) the agent that is designated in the license
13-25 application of a corporate bail bond surety under Chapter 1704,
13-26 Occupations Code [licensed in this state].
14-1 SECTION 18. Subsection (b), Article 23.05, Code of Criminal
14-2 Procedure, is amended to read as follows:
14-3 (b) A capias issued under this article may be executed by:
14-4 (1) a peace officer;
14-5 (2) an individual licensed under Chapter 1702,
14-6 Occupations Code, as [or by] a private investigator or the manager
14-7 of a licensed investigations company;
14-8 (3) a commissioned security officer employed by a
14-9 guard company licensed under Chapter 1702, Occupations Code;
14-10 (4) a bail bond surety who holds a license under
14-11 Chapter 1704, Occupations Code, as an individual;
14-12 (5) the agent that is designated in the license
14-13 application of a corporate bail bond surety under Chapter 1704,
14-14 Occupations Code; or
14-15 (6) a full-time employee of:
14-16 (A) a bail bond surety who holds a license under
14-17 Chapter 1704, Occupations Code, as an individual; or
14-18 (B) the agent that is designated in the license
14-19 application of a corporate bail bond surety under Chapter 1704,
14-20 Occupations Code [licensed under the Private Investigators and
14-21 Private Security Agencies Act (Article 4413 (29bb), Vernon's Texas
14-22 Civil Statutes)].
14-23 SECTION 19. To the extent of any conflict, Section
14-24 1702.3863, Occupations Code, as added by this Act, prevails over
14-25 another Act of the 77th Legislature, Regular Session, 2001,
14-26 relating to nonsubstantive additions to and corrections in enacted
15-1 codes.
15-2 SECTION 20. The following laws are repealed:
15-3 (1) Section 1702.166, Occupations Code; and
15-4 (2) Section 1702.281, Occupations Code.
15-5 SECTION 21. The changes in law made by this Act apply only
15-6 to a license, certification, registration, commission, or letter of
15-7 authority that is originally issued or renewed on or after the
15-8 effective date of this Act. An issuance or renewal that occurs
15-9 before the effective date of this Act is governed by the law in
15-10 effect immediately before the effective date of this Act, and the
15-11 former law is continued in effect for that purpose.
15-12 SECTION 22. (a) Sections 2, 4, and 12 of this Act take
15-13 effect only if the Act of the 77th Legislature, Regular Session,
15-14 2001, relating to nonsubstantive additions to and corrections in
15-15 enacted codes, does not take effect.
15-16 (b) Sections 3, 5, and 13 of this Act take effect only if
15-17 the Act of the 77th Legislature, Regular Session, 2001, relating to
15-18 nonsubstantive additions to and corrections in enacted codes, takes
15-19 effect.
15-20 SECTION 23. (a) In accordance with Subsection (c), Section
15-21 311.031, Government Code, which gives effect to a substantive
15-22 amendment enacted by the same legislature that codifies the amended
15-23 statute, the text of Subdivisions (1), (6), and (11), Section
15-24 1702.002, and Sections 1702.062, 1702.114, 1702.115, and 1702.323,
15-25 and Subsection (b), Section 1702.324, Occupations Code, as set out
15-26 in this Act, gives effect to changes made by Sections 2, 3, 5, 8,
16-1 10, and 21, Chapter 974, Acts of the 76th Legislature, Regular
16-2 Session, 1999.
16-3 (b) To the extent of any conflict, this Act prevails over
16-4 another Act of the 77th Legislature, Regular Session, 2001,
16-5 relating to nonsubstantive additions to and corrections in enacted
16-6 codes.
16-7 SECTION 24. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1224 passed the Senate on
April 30, 2001, by a viva-voce vote; and that the Senate concurred
in House amendments on May 26, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1224 passed the House, with
amendments, on May 23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor