SRC-AMY S.B. 943 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 943
78R8004 TBy: Williams
Business & Commerce
3/30/2003
As Filed


DIGEST AND PURPOSE 

The Texas Commission on Private Security (TCPS) licenses and regulates
private investigation services and security services.  The Private
Security Act prohibits a person from engaging in the business activity of
an investigation company unless the person holds a license issued by TCPS.
Mystery shopping is a business practice used to improve business
operational and service quality through the use of anonymous resources.
The broad interpretation of current statute requires that certain mystery
shoppers be licensed under the Act.  As proposed, S.B. 943 exempts a
person who engages in certain business evaluation services from the
Private Security Act. 

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 Chapter 1702N, Occupations Code, by adding Section
1702.331, as follows: 

Sec. 1702.331.  BUSINESS EVALUATION SERVICE.  (a) Exempts from this
chapter a person engaged in the business of providing the services of one
or more individuals who pose or act anonymously as a customer or client of
a business or governmental entity, or the individual or individuals who
perform such acts, for the purpose of providing to the business or
governmental entity certain evaluation services. 

SECTION 2.  Effective date: upon passage or September 1, 2003.