Amend CSSB 1952 by striking Section 1P.01 of the bill (page
45, line 22, through page 46, line 9) and substituting:
SECTION 1P.01. 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 1P.02. 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 1P.03. Section 1702.021(a), Occupations Code, is
amended to read as follows:
(a) The Texas [Commission on] Private Security Board
consists of seven [nine] members appointed by the governor with the
advice and consent of the senate as follows:
(1) four [five] 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 1P.04. Section 1702.025(a), Occupations Code, is
amended to read as follows:
(a) The appointed board [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.
SECTION 1P.05. Not later than November 1, 2003, 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. The governor shall stagger the terms of the
initial board members, as required under Section 1702.025,
Occupations Code, as amended by this Act.
SECTION 1P.06. (a) On November 1, 2003:
(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 November 1, 2003, 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) In the period beginning on the effective date of this
Act and ending on November 1, 2003, 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.