C.S.H.B. 61 78(1)    BILL ANALYSIS


C.S.H.B. 61
By: Allen
Government Reform
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently,  the Commission on Private Security operates as a separate
entity which licenses investigations companies and security services
contractors; issues commissions to certain security officers; issues
authorizations to certain security officers engaged in the personal
protection of individuals; registers certain individuals connected with a
license holder; and certain individuals employed in a field connected to
private investigation or private security; and regulates license holders,
security officers, and registrants under this chapter.  CSHB 61 abolishes
the Texas Commission on Private Security, moves its functions, powers, and
personnel to the Texas Department of Public Safety (DPS), and creates the
Texas Private Security Board to operate under DPS. 

RULEMAKING AUTHORITY

Rulemaking authority is transferred from the Texas Commission on Private
Security to the Texas Private Security Board in SECTION 7 of this bill. 

ANALYSIS

SECTION 1.  Amends Section 1702.022, Occupations Code, by adding
Subdivisions (1-a) and (5a).  Subdivision (1-a) defines the word "Board"
as the Texas Private Security Board. Subdivision (5-a) defines the word
"Department" as the Department of Public Safety of the State of Texas. 

SECTION 2.Amends Subchapter A, Chapter 1702, Occupations Code, by adding
Section 1702.005 which states that the board is a part of the department,
and the department is required to administer this chapter through the
board. 

SECTION 3.Amends Section 1702.021(a), Occupations Code, which states that
the Texas Private Security Boars will consist of seven members appointed
by the governor with the advice and consent of the senate.  There will be
four public members, each of whom is a citizen of the United States.  One
member is a private investigator, one is an alarm systems company
representative, and one is an owner or operator of a guard company. 

SECTION 4.Amends Section 1702.025 (a), Occupations Code, which states that
the board members serve staggered six-year terms, with the terms of two
appointed members expiring January 31 of each odd-numbered year.  Section
1702.026, Occupatoins Code, is amended to specify that the Governor
designates one board member to serve as the presiding officer. 

SECTION 5.  Repeals Section 1702.022, Occupations Code. (i.e., language
which had required the 
  DPS director to sit on the Commission as an ex-officio member.)

SECTION 6.States that not later than January 1, 2004, the governor is
required to appoint the members of the Texas Private Securities Board, two
members for terms expiring January 31, 2005; two members for terms
expiring January 31, 2007; and two members for terms expiring January 31,
2009. 

 SECTION 7.States that on January 1, 2004, all functions and activities
performed by the Texas Commission on Private Security are transferred to
the Texas Private Security Board of the Texas DPS.  Any rule adopted by
the Texas Commission on Private Security is a rule of the Texas Private
Security Board and remains in effect until amended or replaced by the
board.  A reference in law or administrative rule to the Texas Commission
on Private Security means the Texas Private Security Board.  A complaint,
investigation, or other proceeding before the Texas Commission on Private
Security is transferred without change in status to the Texas Private
Security Board which assumes the position of the Texas Commission on
Private Security in an action or proceeding to which the Texas Commission
on Private Security is a party.  All money, contracts, leases, property,
and obligations of the Commission on Private Security are transferred to
the Texas Private Security Board.  All property of the Texas Commission on
Private Security is transferred to the Texas Private Security Board.  The
unexpended and unobligated balance of any money appropriated by the
legislature for the Texas Commission on Private Security is transferred to
the Texas Private Security Board.  Before January 1, 2004, the Texas
Commission on Private Security may agree with the Texas DPS to transfer
any property of the Texas Commission on Private Security to the Texas DPS
to implement the transfer required by this Act.  Between November 1, 2003
and January 1, 2004, the Texas Commission on Private Security shall
continue to perform functions and activities under Chapter 1702,
Occupations Code, and the former law is continued in effect for that
purpose. 

SECTION 8.Effective date.


EFFECTIVE DATE

November 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute allows the Governor to appoint a Private Security Board to
serve under DPS. This board will hear the contested cases concerning
licensing and revocation of licenses, so that the DPS commissioners will
not be required to hear those cases. 

The Board will be comprised of seven members. One licensed investigator,
one burglar alarm company representative, one security guard company
representative and four public members.