By Harris S.B. No. 1224
77R8293 GJH-D
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. Sections 1702.002(1), (6), and (11), Occupations
1-6 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 used to signal the presence of an emergency to
1-11 which law enforcement or emergency services other than a fire
1-12 department are expected to respond or an access system for a
1-13 building with a central computer.
1-14 (6) "Detection device" means an electronic device used[municipality]; and
2-20 (B) schedules other peace officers to provide
2-21 guard, patrolman, or watchman services in a private capacity who
2-22 are:
2-23 (i) employed full-time by the state or a
2-24 political subdivision of the state [municipality]; and
2-25 (ii) not employed by the extra job
2-26 coordinator.
2-27 SECTION 4. Section 1702.061, Occupations Code, is amended by
3-1 adding Subsection (d) to read as follows:
3-2 (d) The commission may commission investigators employed
3-3 full-time by the commission as peace officers.
3-4 SECTION 5. Section 1702.061(f), Occupations Code, as added by
3-5 the Act of the 77th Legislature, Regular Session, 2001, relating to
3-6 nonsubstantive additions to and corrections in enacted codes, is
3-7 amended to read as follows:
3-8 (f) The commission may commission investigators who are
3-9 employed full-time by the commission as peace officers [for the
3-10 limited purpose of assisting the commission in investigating
3-11 alleged violations of this chapter and of commission rules].
3-12 SECTION 6. Section 1702.062, Occupations Code, is amended to
3-13 read as follows:
3-14 Sec. 1702.062. FEES. [(a)] The commission by rule shall
3-15 establish reasonable and necessary fees that produce sufficient
3-16 revenue to administer this chapter. [The fees may not produce
3-17 unnecessary fund balances and may not exceed the following amounts:]
3-18 [Class A license] [$250]
3-19 [(original and renewal)]
3-20 [Class B license] [$300]
3-21 [(original and renewal)]
3-22 [Class C license] [$440]
3-23 [(original and renewal)]
3-24 [Reinstate suspended license] [$150]
3-25 [Assignment of license] [$150]
3-26 [Change name of license] [$ 75]
3-27 [Delinquency fee] ]L_____
4-1 [Branch office certificate and renewal] [$200]
4-2 [Registration fee for private investigator, manager,]
4-3 [branch office manager, and alarm systems installer] [$ 20]
4-4 [(original and renewal)]
4-5 [Registration fee for noncommissioned security officer] [$ 25]
4-6 [(original and renewal)]
4-7 [Registration fee for security salesperson] [$ 20]
4-8 [Registration fee for alarm systems monitor] [$ 20]
4-9 [Registration fee for dog trainer] [$ 20]
4-10 [Registration fee for owner, officer, partner, or]
4-11 [shareholder of a license holder] [$ 50]
4-12 [Registration fee for security consultant] [$ 55]
4-13 [Security officer commission fee] [$ 50]
4-14 [(original and renewal)]
4-15 [School instructor fee] [$100]
4-16 [(original and renewal)]
4-17 [School approval fee] [$250]
4-18 [(original and renewal)]
4-19 [Letter of authority fee for private business]
4-20 [and political subdivision] [$300]
4-21 [Letter of authority renewal fee for private]
4-22 [business and political subdivision] [$225]
4-23 [FBI fingerprint check] [$ 25]
4-24 [Duplicate pocket card] [$ 10]
4-25 [Employee information update fee] [$ 15]
4-26 [Burglar alarm sellers renewal fee] [$ 25]
4-27 [Personal protection officer authorization] [$ 50]
5-1 [(b) In addition to other fees established under this
5-2 chapter, the commission may charge a fee each time the commission
5-3 requires a person regulated under this chapter to resubmit a set of
5-4 fingerprints for processing by the commission during the
5-5 application process for a license, registration, or commission. The
5-6 commission shall set the fee in an amount that is reasonable and
5-7 necessary to cover the commission's administrative expenses related
5-8 to processing the fingerprints.]
5-9 SECTION 7. Section 1702.105, Occupations Code, is amended to
5-10 read as follows:
5-11 Sec. 1702.105. ALARM SYSTEMS COMPANY. A person acts as an
5-12 alarm systems company for the purposes of this chapter if the
5-13 person:
5-14 (1) sells, installs, services, monitors, or responds
5-15 to an alarm system or detection device; or
5-16 (2) consults with a person to sell, install, service,
5-17 monitor, or respond to an alarm system or detection device.
5-18 SECTION 8. Section 1702.114, Occupations Code, is amended to
5-19 read as follows:
5-20 Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR INVESTIGATIONS
5-21 COMPANY LICENSE. (a) An applicant for a license to engage in the
5-22 business of an investigations company or the applicant's manager
5-23 must have, before the date of the application, three [consecutive]
5-24 years' experience in the investigative field as an employee,
5-25 manager, or owner of an investigations company or satisfy other
5-26 requirements set by the commission.
5-27 (b) The applicant's experience must have been legally
6-1 obtained and must be:
6-2 (1) reviewed by the commission or the director; and
6-3 (2) determined to be adequate to qualify the applicant
6-4 to engage in the business of an investigations company.
6-5 SECTION 9. Section 1702.115(a), Occupations Code, is amended
6-6 to read as follows:
6-7 (a) An applicant for a license to engage in the business of
6-8 a security services contractor or the applicant's manager must
6-9 have, before the date of the application, two [consecutive] years'
6-10 experience in each security services field for which the person
6-11 applies as an employee, manager, or owner of a security services
6-12 contractor or satisfy other requirements set by the commission.
6-13 SECTION 10. Section 1702.223, Occupations Code, is amended
6-14 to read as follows:
6-15 Sec. 1702.223. ALARM SYSTEMS INSTALLER. An individual acts
6-16 as an alarm systems installer for purposes of this chapter if the
6-17 individual installs, maintains, or repairs an alarm system or a
6-18 detection device.
6-19 SECTION 11. Section 1702.227, Occupations Code, is amended
6-20 to read as follows:
6-21 Sec. 1702.227. SECURITY SALESPERSON. An individual acts as a
6-22 security salesperson for purposes of this chapter if the individual
6-23 offers to sell, service, or install an alarm system or a detection
6-24 device [is employed by a security services contractor to sell
6-25 services offered by the contractor].
6-26 SECTION 12. Subchapter M, Chapter 1702, Occupations Code, is
6-27 amended by adding Section 1702.309 to read as follows:
7-1 Sec. 1702.309. SECURITY OFFICER COMMISSION RENEWAL. (a) The
7-2 commission by rule shall develop a continuing education course in
7-3 handgun proficiency required for renewal of a security officer
7-4 commission. Only a commission-approved instructor may administer
7-5 the continuing education course. The course must include:
7-6 (1) at least two hours of instruction on one or more
7-7 of the subjects listed in Section 20(j), Private Investigators and
7-8 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
7-9 Civil Statutes);
7-10 (2) at least two hours of instruction on the
7-11 relationship between law enforcement and private security; and
7-12 (3) other information that the director determines is
7-13 appropriate.
7-14 (b) A commissioned security officer must demonstrate the
7-15 proficiency required under Section 20(k) or (l), Private
7-16 Investigators and Private Security Agencies Act (Article
7-17 4413(29bb), Vernon's Texas Civil Statutes), within the 90-day
7-18 period before the date the commission is renewed.
7-19 SECTION 13. Section 1702.309(a), Occupations Code, as added
7-20 by the Act of the 77th Legislature, Regular Session, 2001, relating
7-21 to nonsubstantive additions to and corrections in enacted codes,
7-22 is amended to read as follows:
7-23 (a) The commission by rule shall develop a continuing
7-24 education course in handgun proficiency required for renewal of a
7-25 security officer commission. Only a commission-approved instructor
7-26 may administer the continuing education course. The course must
7-27 include:
8-1 (1) at least two [four] hours of instruction on one or
8-2 more of the subjects listed in Section 1702.1675(g); [and]
8-3 (2) at least two hours of instruction on the
8-4 relationship between law enforcement and private security; and
8-5 (3) other information that the director determines is
8-6 appropriate.
8-7 SECTION 14. Section 1702.323, Occupations Code, is amended
8-8 by amending Subsections (a) and (d) and adding Subsection (e) to
8-9 read as follows:
8-10 (a) Except as provided by Subsections (b), [and] (d), and
8-11 (e), this chapter does not apply to an individual employed in an
8-12 employee-employer relationship exclusively and regularly by one
8-13 employer in connection with the affairs of the employer.
8-14 (d) This chapter applies to an individual described by
8-15 Subsection (a) who[:]
8-16 [(1) works at a location that is open to the public;
8-17 and]
8-18 [(2)] in the course of employment:
8-19 (1) [(A) regularly] comes into contact with the
8-20 public; and
8-21 (2) [(B)] wears a uniform with any type of badge
8-22 commonly associated with security personnel or law enforcement or a
8-23 patch or apparel with "security" or the name of the employer on the
8-24 patch or apparel.
8-25 (e) This chapter applies to any person who conducts an
8-26 investigation if the investigation involves a person or the affairs
8-27 of a person who is not employed by the same employer as the person
9-1 conducting the investigation.
9-2 SECTION 15. The following laws are repealed:
9-3 (1) Section 1702.166, Occupations Code; and
9-4 (2) Section 1702.281, Occupations Code.
9-5 SECTION 16. The changes in law made by this Act apply only to
9-6 a license, certification, registration, commission, or letter of
9-7 authority that is originally issued or renewed on or after the
9-8 effective date of this Act. An issuance or renewal that occurs
9-9 before the effective date of this Act is governed by the law in
9-10 effect immediately before the effective date of this Act, and the
9-11 former law is continued in effect for that purpose.
9-12 SECTION 17. (a) Sections 2, 4, and 12 of this Act take
9-13 effect only if the Act of the 77th Legislature, Regular Session,
9-14 2001, relating to nonsubstantive additions to and corrections in
9-15 enacted codes, does not take effect.
9-16 (b) Sections 3, 5, and 13 of this Act take effect only if
9-17 the Act of the 77th Legislature, Regular Session, 2001, relating to
9-18 nonsubstantive additions to and corrections in enacted codes, takes
9-19 effect.
9-20 SECTION 18. (a) In accordance with Section 311.031(c),
9-21 Government Code, which gives effect to a substantive amendment
9-22 enacted by the same legislature that codifies the amended statute,
9-23 the text of Sections 1702.002(1), (6), and (11) and Sections
9-24 1702.062, 1702.114, 1702.115, and 1702.323, Occupations Code, as
9-25 set out in this Act, gives effect to changes made by Sections 2, 3,
9-26 5, 8, 10, and 21, Chapter 974, Acts of the 76th Legislature,
9-27 Regular Session, 1999.
10-1 (b) To the extent of any conflict, this Act prevails over
10-2 another Act of the 77th Legislature, Regular Session, 2001,
10-3 relating to nonsubstantive additions to and corrections in enacted
10-4 codes.
10-5 SECTION 19. This Act takes effect September 1, 2001.