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78S30093 SMH-F
By: Swinford H.B. No. 11
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 Department of
Public Safety of the State of Texas and the Texas Department of
Health.
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 Sections 1702.005 and 1702.006 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.
Sec. 1702.006. TEXAS DEPARTMENT OF HEALTH. (a) In this
section, "personal emergency response system" means an alarm system
that is:
(1) installed in the residence of a person;
(2) monitored by an alarm systems company;
(3) designed only to permit the person to signal the
occurrence of a medical or personal emergency on the part of the
person so that the company may dispatch appropriate aid; and
(4) not part of a combination of alarm systems that
includes a burglar alarm or fire alarm.
(b) Notwithstanding the other provisions of this chapter,
the Texas Department of Health shall administer the provisions of
this chapter that are applicable to the following persons:
(1) an alarm systems company that sells, installs,
services, monitors, or responds to only personal emergency response
systems;
(2) an alarm systems installer who installs,
maintains, or repairs only personal emergency response systems;
(3) a manager or branch office manager of an alarm
systems company described by Subdivision (1);
(4) a security salesperson who is employed by an alarm
systems company described by Subdivision (1) to sell services
offered by the company; and
(5) an owner, officer, partner, or shareholder of an
alarm systems company described by Subdivision (1).
(c) A reference in this chapter or another law to the Texas
Commission on Private Security in connection with a person
described by Subsection (b) means the Texas Department of Health.
SECTION 3. Section 1702.021(a), Occupations Code, as
amended by Chapter 1170, Acts of the 78th Legislature, Regular
Session, 2003, 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. Section 1702.025, Occupations Code, as amended
by Chapter 1170, Acts of the 78th Legislature, Regular Session,
2003, and Section 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. Subchapter D, Chapter 1702, Occupations Code, is
amended by adding Section 1702.0615 to read as follows:
Sec. 1702.0615. PLACEMENT OF PRIORITY ON PROCESSING CERTAIN
APPLICATIONS. (a) In performing its functions and duties under
this chapter, the board shall place a high priority on processing
applications for licenses, security officer commissions, and
registrations filed by persons who provide protection for critical
infrastructure, as defined by Section 421.001, Government Code.
(b) The board shall act on an application described by
Subsection (a) as expeditiously as possible but not later than the
60th day after the date the board receives the application.
(c) This section expires December 1, 2005.
SECTION 6. Section 1702.022, Occupations Code, is repealed.
SECTION 7. Not later than February 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 8. (a) On February 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 or the Texas
Department of Health, as applicable;
(2) a rule or form adopted by the Texas Commission on
Private Security is a rule or form of the Texas Private Security
Board or the Texas Department of Health, as applicable, and remains
in effect until amended or replaced by that board or department;
(3) a reference in law or an administrative rule to the
Texas Commission on Private Security means the Texas Private
Security Board or the Texas Department of Health, as applicable;
(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 or the
Texas Department of Health, as determined by a memorandum of
understanding between the Department of Public Safety of the State
of Texas and the Texas Department of Health, and the Texas Private
Security Board or the Texas Department of Health, as applicable,
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 property in the custody of the Texas
Commission on Private Security is transferred to the Texas Private
Security Board or the Texas Department of Health, as determined by a
memorandum of understanding between the Department of Public Safety
of the State of Texas and the Texas Department of Health; and
(6) 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
or the Texas Department of Health, as determined by a memorandum of
understanding between the Department of Public Safety of the State
of Texas and the Texas Department of Health.
(b) Before February 1, 2004, the Texas Commission on Private
Security may agree with the Department of Public Safety of the State
of Texas and the Texas Department of Health to transfer any property
of the Texas Commission on Private Security to the Department of
Public Safety of the State of Texas or the Texas Department of
Health to implement the transfer required by this Act.
(c) During the period beginning on the effective date of
this Act and ending on February 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 9. This Act takes effect on the 91st day after the
last day of the legislative session.