1-1 By: Harris S.B. No. 1224
1-2 (In the Senate - Filed March 7, 2001; March 12, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 3, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 3, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1224 By: Staples
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to occupations regulated by the Texas Commission on
1-11 Private Security.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivisions (1), (6), and (11), Section
1-14 1702.002, Occupations Code, are amended to read as follows:
1-15 (1) "Alarm system" means an alarm system, burglar
1-16 alarm signal device, an electronic key pad with a panic alarm
1-17 feature, burglar alarm, robbery alarm, motion [television] camera,
1-18 [or] still camera, or an access system for a building with a
1-19 central computer used to signal the presence of an emergency to
1-20 which law enforcement or emergency services other than a fire
1-21 department may be [are] expected to respond.
1-22 (6) "Detection device" means an electronic device used
1-23 as a part of a burglar or robbery alarm, including a control,
1-24 audible alarm, communications device, motion detector, door or
1-25 window switch, sound detector, vibration detector, light beam,
1-26 pressure mat, wiring, or similar device.
1-27 (11) "Letter of authority" means a permit issued by
1-28 the commission that entitles the security department of a private
1-29 business to employ a commissioned or noncommissioned security
1-30 officer or a political subdivision to employ a commissioned
1-31 security officer.
1-32 SECTION 2. Section 1702.002, Occupations Code, is amended by
1-33 adding Subdivision (21) to read as follows:
1-34 (21) "Extra job coordinator" means a peace officer
1-35 who:
1-36 (A) is employed full-time by the state or a
1-37 political subdivision of the state; and
1-38 (B) schedules other peace officers to provide
1-39 guard, patrolman, or watchman services in a private capacity who
1-40 are:
1-41 (i) employed full-time by the state or a
1-42 political subdivision of the state; and
1-43 (ii) not employed by the extra job
1-44 coordinator.
1-45 SECTION 3. Subdivision (7), Section 1702.002, Occupations
1-46 Code, as added by the Act of the 77th Legislature, Regular Session,
1-47 2001, relating to nonsubstantive additions to and corrections in
1-48 enacted codes, is amended to read as follows:
1-49 (7) "Extra job coordinator" means a peace officer who:
1-50 (A) is employed full-time by the state or a
1-51 political subdivision of the state [municipality]; and
1-52 (B) schedules other peace officers to provide
1-53 guard, patrolman, or watchman services in a private capacity who
1-54 are:
1-55 (i) employed full-time by the state or a
1-56 political subdivision of the state [municipality]; and
1-57 (ii) not employed by the extra job
1-58 coordinator.
1-59 SECTION 4. Section 1702.061, Occupations Code, is amended by
1-60 adding Subsection (d) to read as follows:
1-61 (d) The Texas Commission on Private Security may commission
1-62 investigators employed full-time by the commission as peace
1-63 officers.
1-64 SECTION 5. Subsection (f), Section 1702.061, Occupations
2-1 Code, as added by the Act of the 77th Legislature, Regular Session,
2-2 2001, relating to nonsubstantive additions to and corrections in
2-3 enacted codes, is amended to read as follows:
2-4 (f) The commission may commission investigators who are
2-5 employed full-time by the commission as peace officers [for the
2-6 limited purpose of assisting the commission in investigating
2-7 alleged violations of this chapter and of commission rules].
2-8 SECTION 6. Section 1702.062, Occupations Code, is amended to
2-9 read as follows:
2-10 Sec. 1702.062. FEES. [(a)] The commission by rule shall
2-11 establish reasonable and necessary fees that produce sufficient
2-12 revenue to administer this chapter. [The fees may not produce
2-13 unnecessary fund balances and may not exceed the following amounts:]
2-14 [Class A license] [$250]
2-15 [(original and renewal)]
2-16 [Class B license] [$300]
2-17 [(original and renewal)]
2-18 [Class C license] [$440]
2-19 [(original and renewal)]
2-20 [Reinstate suspended license] [$150]
2-21 [Assignment of license] [$150]
2-22 [Change name of license] [$ 75]
2-23 [Delinquency fee] ]L_____
2-24 [Branch office certificate and renewal] [$200]
2-25 [Registration fee for private investigator, manager,]
2-26 [branch office manager, and alarm systems installer] [$ 20]
2-27 [(original and renewal)]
2-28 [Registration fee for noncommissioned security officer] [$ 25]
2-29 [(original and renewal)]
2-30 [Registration fee for security salesperson] [$ 20]
2-31 [Registration fee for alarm systems monitor] [$ 20]
2-32 [Registration fee for dog trainer] [$ 20]
2-33 [Registration fee for owner, officer, partner, or]
2-34 [shareholder of a license holder] [$ 50]
2-35 [Registration fee for security consultant] [$ 55]
2-36 [Security officer commission fee] [$ 50]
2-37 [(original and renewal)]
2-38 [School instructor fee] [$100]
2-39 [(original and renewal)]
2-40 [School approval fee] [$250]
2-41 [(original and renewal)]
2-42 [Letter of authority fee for private business]
2-43 [and political subdivision] [$300]
2-44 [Letter of authority renewal fee for private]
2-45 [business and political subdivision] [$225]
2-46 [FBI fingerprint check] [$ 25]
2-47 [Duplicate pocket card] [$ 10]
2-48 [Employee information update fee] [$ 15]
2-49 [Burglar alarm sellers renewal fee] [$ 25]
2-50 [Personal protection officer authorization] [$ 50]
2-51 [(b) In addition to other fees established under this
2-52 chapter, the commission may charge a fee each time the commission
2-53 requires a person regulated under this chapter to resubmit a set of
2-54 fingerprints for processing by the commission during the
2-55 application process for a license, registration, or commission.
2-56 The commission shall set the fee in an amount that is reasonable
2-57 and necessary to cover the commission's administrative expenses
2-58 related to processing the fingerprints.]
2-59 SECTION 7. Section 1702.105, Occupations Code, is amended to
2-60 read as follows:
2-61 Sec. 1702.105. ALARM SYSTEMS COMPANY. A person acts as an
2-62 alarm systems company for the purposes of this chapter if the
2-63 person:
2-64 (1) sells, installs, services, monitors, or responds
2-65 to an alarm system or detection device; or
2-66 (2) consults with a person to sell, install, service,
2-67 monitor, or respond to an alarm system or detection device.
2-68 SECTION 8. Section 1702.114, Occupations Code, is amended to
2-69 read as follows:
3-1 Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR INVESTIGATIONS
3-2 COMPANY LICENSE. (a) An applicant for a license to engage in the
3-3 business of an investigations company or the applicant's manager
3-4 must have, before the date of the application, three [consecutive]
3-5 years' experience in the investigative field as an employee,
3-6 manager, or owner of an investigations company or satisfy other
3-7 requirements set by the commission.
3-8 (b) The applicant's experience must have been legally
3-9 obtained and must be:
3-10 (1) reviewed by the commission or the director; and
3-11 (2) determined to be adequate to qualify the applicant
3-12 to engage in the business of an investigations company.
3-13 SECTION 9. Subsection (a), Section 1702.115, Occupations
3-14 Code, is amended to read as follows:
3-15 (a) An applicant for a license to engage in the business of
3-16 a security services contractor or the applicant's manager must
3-17 have, before the date of the application, two [consecutive] years'
3-18 experience in each security services field for which the person
3-19 applies as an employee, manager, or owner of a security services
3-20 contractor or satisfy other requirements set by the commission.
3-21 SECTION 10. Section 1702.223, Occupations Code, is amended
3-22 to read as follows:
3-23 Sec. 1702.223. ALARM SYSTEMS INSTALLER. An individual acts
3-24 as an alarm systems installer for purposes of this chapter if the
3-25 individual installs, maintains, or repairs an alarm system or a
3-26 detection device.
3-27 SECTION 11. Section 1702.227, Occupations Code, is amended
3-28 to read as follows:
3-29 Sec. 1702.227. SECURITY SALESPERSON. An individual acts as
3-30 a security salesperson for purposes of this chapter if the
3-31 individual offers to sell, service, or install an alarm system or a
3-32 detection device [is employed by a security services contractor to
3-33 sell services offered by the contractor].
3-34 SECTION 12. Subchapter M, Chapter 1702, Occupations Code, is
3-35 amended by adding Section 1702.309 to read as follows:
3-36 Sec. 1702.309. SECURITY OFFICER COMMISSION RENEWAL.
3-37 (a) The Texas Commission on Private Security by rule shall develop
3-38 a continuing education course in handgun proficiency required for
3-39 renewal of a security officer commission. Only a
3-40 commission-approved instructor may administer the continuing
3-41 education course. The course must include:
3-42 (1) at least two hours of instruction on one or more
3-43 of the subjects listed in Section 20(j), Private Investigators and
3-44 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
3-45 Civil Statutes);
3-46 (2) at least two hours of instruction on the
3-47 relationship between law enforcement and private security; and
3-48 (3) other information that the director determines is
3-49 appropriate.
3-50 (b) A commissioned security officer must demonstrate the
3-51 proficiency required under Section 20(k) or (l), Private
3-52 Investigators and Private Security Agencies Act (Article
3-53 4413(29bb), Vernon's Texas Civil Statutes), within the 90-day
3-54 period before the date the commission is renewed.
3-55 SECTION 13. Subsection (a), Section 1702.309, Occupations
3-56 Code, as added by the Act of the 77th Legislature, Regular Session,
3-57 2001, relating to nonsubstantive additions to and corrections in
3-58 enacted codes, is amended to read as follows:
3-59 (a) The commission by rule shall develop a continuing
3-60 education course in handgun proficiency required for renewal of a
3-61 security officer commission. Only a commission-approved instructor
3-62 may administer the continuing education course. The course must
3-63 include:
3-64 (1) at least two [four] hours of instruction on one or
3-65 more of the subjects listed in Section 1702.1675(g); [and]
3-66 (2) at least two hours of instruction on the
3-67 relationship between law enforcement and private security; and
3-68 (3) other information that the director determines is
3-69 appropriate.
4-1 SECTION 14. Section 1702.323, Occupations Code, is amended
4-2 by amending Subsections (a) and (d) and adding Subsection (e) to
4-3 read as follows:
4-4 (a) Except as provided by Subsections (b), [and] (d), and
4-5 (e), this chapter does not apply to an individual employed in an
4-6 employee-employer relationship exclusively and regularly by one
4-7 employer in connection with the affairs of the employer.
4-8 (d) This chapter applies to an individual described by
4-9 Subsection (a) who[:]
4-10 [(1) works at a location that is open to the public;
4-11 and]
4-12 [(2)] in the course of employment:
4-13 (1) [(A) regularly] comes into contact with the
4-14 public; and
4-15 (2) [(B)] wears a uniform with any type of badge
4-16 commonly associated with security personnel or law enforcement or a
4-17 patch or apparel with "security" or the name of the employer on the
4-18 patch or apparel.
4-19 (e) This chapter applies to any person who conducts an
4-20 investigation if the investigation involves a person or the affairs
4-21 of a person who is not employed by the same employer as the person
4-22 conducting the investigation.
4-23 SECTION 15. The following laws are repealed:
4-24 (1) Section 1702.166, Occupations Code; and
4-25 (2) Section 1702.281, Occupations Code.
4-26 SECTION 16. The changes in law made by this Act apply only
4-27 to a license, certification, registration, commission, or letter of
4-28 authority that is originally issued or renewed on or after the
4-29 effective date of this Act. An issuance or renewal that occurs
4-30 before the effective date of this Act is governed by the law in
4-31 effect immediately before the effective date of this Act, and the
4-32 former law is continued in effect for that purpose.
4-33 SECTION 17. (a) Sections 2, 4, and 12 of this Act take
4-34 effect only if the Act of the 77th Legislature, Regular Session,
4-35 2001, relating to nonsubstantive additions to and corrections in
4-36 enacted codes, does not take effect.
4-37 (b) Sections 3, 5, and 13 of this Act take effect only if
4-38 the Act of the 77th Legislature, Regular Session, 2001, relating to
4-39 nonsubstantive additions to and corrections in enacted codes, takes
4-40 effect.
4-41 SECTION 18. (a) In accordance with Subsection (c), Section
4-42 311.031, Government Code, which gives effect to a substantive
4-43 amendment enacted by the same legislature that codifies the amended
4-44 statute, the text of Subdivisions (1), (6), and (11), Section
4-45 1702.002, and Sections 1702.062, 1702.114, 1702.115, and 1702.323,
4-46 Occupations Code, as set out in this Act, gives effect to changes
4-47 made by Sections 2, 3, 5, 8, 10, and 21, Chapter 974, Acts of the
4-48 76th Legislature, Regular Session, 1999.
4-49 (b) To the extent of any conflict, this Act prevails over
4-50 another Act of the 77th Legislature, Regular Session, 2001,
4-51 relating to nonsubstantive additions to and corrections in enacted
4-52 codes.
4-53 SECTION 19. This Act takes effect September 1, 2001.
4-54 * * * * *