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