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                                  * * * * *