78S10036 YDB-D

By:  Madden                                                       H.B. No. 38 



A BILL TO BE ENTITLED

AN ACT

relating to an exemption from the private security law for persons 
who furnish certain information regarding a business or 
governmental entity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter N, Chapter 1702, Occupations Code, is 
amended by adding Section 1702.331 to read as follows:
	Sec. 1702.331.  BUSINESS EVALUATION SERVICE.  (a)  This 
chapter does not apply to a person who poses or acts anonymously as 
a customer or client of a business or governmental entity or is in 
the business of providing the services of another for the purpose of 
evaluating the following operations or services of the business or 
governmental entity:
		(1)  a service or product provided to a customer or 
client;          
		(2)  compliance with policies and operational 
procedures;            
		(3)  the appearance, cleanliness, efficiency, and 
other operations of the office, facility, or physical plant;
		(4)  the friendliness, courtesy, or appearance of an 
employee;       
		(5)  the necessity or effectiveness of a training 
program or employee reward or other incentive program;
		(6)  the quality, availability, or price of goods or 
services; and   
		(7)  other operations or customer services of the 
business or governmental entity the evaluation of which is not 
otherwise prohibited by this chapter.
	(b)  A person described by Subsection (a) is entitled to the 
exemption under that subsection only if:
		(1)  the person:                                                       
			(A)  uses an evaluation tool prescribed or 
approved by the business or governmental entity seeking the 
evaluation; and
			(B)  does not engage in the investigation or 
observation of an employee or agent to determine whether the 
employee or agent has committed a crime; and
		(2)  the information obtained is not intended to be 
used by the business or governmental entity as the sole basis for 
the discipline or discharge of an employee or agent.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect November 1, 2003.