SRC-TAG H.B. 1769 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1769
78R10332 MXM-FBy: Driver (Shapiro)
Criminal Justice
5/18/2003
Engrossed


DIGEST AND PURPOSE 

Currently, the Texas Commission on Private Security  is responsible for
regulating certain occupations such as investigators and security
officers.  H.B. 1769 amends sections of the Occupations Code to clarify
provisions regarding the Texas Commission on Private Security. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1702.062, Government Code, by adding Subsection
(c) to provide that a person whose pocket card has not expired is not
eligible to receive from the Texas Commission on Private Security
(commission) another pocket card in the same classification in which the
pocket card is held.  

SECTION 2.  Amends Section 1702.309(a), Occupations Code, to delete text
specifying that the continuing education course the commission by rule is
required to develop is in handgun proficiency.  Requires the course to
include at least six, rather than four, hours of instruction determined by
the director of the commission, rather than one or more of the subjects
listed in Sections 1702.1675(g).  Deletes text regarding other information
the director determines is appropriate. 

SECTION 3.  Amends Section 1702.323, Occupations Code, by amending
Subsections (a) and (d) and adding Subsection (e), as follows: 

(a)  Establishes that, except as provided by Subsections (b), (d), and
(e), this chapter does not apply to an individual employed in an
employee-employer relationship exclusively and regularly by one employer
in connection with the affairs of the employer. 
 
 (d)  Provides that this chapter applies to certain individual described
by Subsection (a). 

(e)  Provides that this chapter applies to any person who conducts an
investigation if the investigation involves a person, or the affairs of a
person, who is not employed by the same employer as the person conducting
the investigation and the investigation is not conducted on the premises
of the employer.  Establishes that premises of the employer include
walkways, parking areas, and other areas relating to the affairs of the
employer. 

SECTION 4.  Repealer: Section 1702.166, Occupations Code (Geographic Scope
of Security Officer Commission). 

            Repealer: Section 1702.281, Occupations Code (Notice to Law
Enforcement). 

SECTION 5.  Makes application of this Act prospective.

SECTION 6.  Effective date: September 1, 2003.