78S10394 SMH-F
By: Allen H.B. No. 61
Substitute the following for H.B. No. 61:
By: Swinford C.S.H.B. No. 61
A BILL TO BE ENTITLED
AN ACT
relating to the abolition of the Texas Commission on Private
Security and the transfer of its functions to the Texas Private
Security Board of the Department of Public Safety of the State of
Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.002, Occupations Code, is amended
by adding Subdivisions (1-a) and (5-a) to read as follows:
(1-a) "Board" means the Texas Private Security Board.
(5-a) "Department" means the Department of Public
Safety of the State of Texas.
SECTION 2. Subchapter A, Chapter 1702, Occupations Code, is
amended by adding Section 1702.005 to read as follows:
Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY. (a) The board
created under Section 1702.021 is a part of the department. The
department shall administer this chapter through the board.
(b) A reference in this chapter or another law to the Texas
Commission on Private Security means the board.
SECTION 3. Section 1702.021(a), Occupations Code, is
amended to read as follows:
(a) The Texas [Commission on] Private Security Board
consists of seven [eight] members appointed by the governor with
the advice and consent of the senate as follows:
(1) four public members, each of whom is a citizen of
the United States;
(2) one member who[:
[(A)] is licensed under this chapter as a private
investigator;
[(B) has been engaged as a private investigator
for at least the five years preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission;]
(3) one member who is licensed under this chapter as an
alarm systems company; and [who:
[(A) has been engaged as an alarm systems company
for at least the five years preceding appointment; and
[(B) is not employed by a person who employs
another member of the commission;]
(4) one member who[:
[(A)] is licensed under this chapter as the owner
or operator of a guard company[;
[(B) has been the owner or operator of the guard
company for at least the five years preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission; and
[(5) one member who:
[(A) holds a license, security officer
commission, or registration under this chapter;
[(B) has been engaged in activity regulated by
the commission under this chapter for at least the five years
preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission].
SECTION 4. Sections 1702.025 and 1702.026, Occupations
Code, are amended to read as follows:
Sec. 1702.025. TERMS; VACANCIES. (a) The board [appointed
commission] members serve staggered six-year terms, with the terms
of two or three [appointed] members expiring on January 31 of each
odd-numbered year.
(b) If a vacancy occurs during the term of a board [an
appointed commission] member, the governor shall appoint a new
member to fill the unexpired term.
Sec. 1702.026. OFFICERS. (a) The governor shall designate
one board [commission] member as presiding officer to serve in that
capacity at the will of the governor. The governor shall designate
the presiding officer without regard to race, creed, color,
disability, sex, religion, age, or national origin.
(b) The board [commission, including the representative of
the director of the Texas Department of Public Safety if one is
designated,] shall elect from among its members an assistant
presiding officer and a secretary to serve two-year terms beginning
on September 1 of each odd-numbered year.
(c) The presiding officer of the board [commission] or, in
the absence of the presiding officer, the assistant presiding
officer shall preside at each board [commission] meeting and
perform the other duties prescribed by this chapter.
SECTION 5. Section 1702.022, Occupations Code, is repealed.
SECTION 6. Not later than January 1, 2004, the governor
shall appoint the members of the Texas Private Security Board, as
required under Section 1702.021, Occupations Code, as amended by
this Act. In appointing the initial members of the board under this
section, the governor shall appoint:
(1) two members for terms expiring January 31, 2005;
(2) two members for terms expiring January 31, 2007;
and
(3) three members for terms expiring January 31, 2009.
SECTION 7. (a) On January 1, 2004:
(1) all functions and activities performed by the
Texas Commission on Private Security immediately before that date
are transferred to the Texas Private Security Board of the
Department of Public Safety of the State of Texas;
(2) a rule or form adopted by the Texas Commission on
Private Security is a rule or form of the Texas Private Security
Board and remains in effect until amended or replaced by that board;
(3) a reference in law or an administrative rule to the
Texas Commission on Private Security means the Texas Private
Security Board;
(4) 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, and
the Texas Private Security Board assumes, as appropriate and
without a change in status, 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;
(5) all money, contracts, leases, property, and
obligations of the Texas Commission on Private Security are
transferred to the Texas Private Security Board;
(6) all property in the custody of the Texas
Commission on Private Security is transferred to the Texas Private
Security Board; and
(7) 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.
(b) Before January 1, 2004, the Texas Commission on Private
Security may agree with the Department of Public Safety of the State
of Texas to transfer any property of the Texas Commission on Private
Security to the Department of Public Safety of the State of Texas to
implement the transfer required by this Act.
(c) During the period beginning on the effective date of
this Act and ending on January 1, 2004, the Texas Commission on
Private Security shall continue to perform functions and activities
under Chapter 1702, Occupations Code, as if that chapter had not
been amended by this Act, and the former law is continued in effect
for that purpose.
SECTION 8. This Act takes effect November 1, 2003.