H.B. No. 1769




AN ACT

relating to occupations regulated by the Texas Commission on 
Private Security.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1702.062, Occupations Code, is amended 
by adding Subsection (c) to read as follows:
	(c)  A person whose pocket card has not expired is not 
eligible to receive from the commission another pocket card in the 
same classification in which the pocket card is held.
	SECTION 2.  Section 1702.309(a), Occupations Code, is 
amended to read as follows:
	(a)  The commission by rule shall develop a continuing 
education course [in handgun proficiency] required for renewal of a 
security officer commission.  Only a commission-approved 
instructor may administer the continuing education course.  The 
course must include[:
		[(1)]  at least six [four] hours of instruction 
determined by the director of the commission [on one or more of the 
subjects listed in Section 1702.1675(g); and
		[(2)  other information that the director determines is 
appropriate].
	SECTION 3.  Section 1702.323, Occupations Code, is amended 
by amending Subsections (a) and (d) and adding Subsection (e) to 
read as follows:
	(a)  Except as provided by Subsections (b), [and] (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)  This chapter applies to an individual described by 
Subsection (a) who[:
		[(1)  works at a location that is open to the public; 
and  
		[(2)]  in the course of employment:                          
		(1) [(A)  regularly] comes into contact with the 
public; [and]
		(2) [(B)]  wears a uniform with any type of badge 
commonly associated with security personnel or law enforcement or a 
patch or apparel with "security" [or the name of the employer] on 
the patch or apparel; or
		(3)  performs a duty described by Section 1702.222.                    
	(e)  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.  Premises of the employer 
include walkways, parking areas, and other areas relating to the 
affairs of the employer.
	SECTION 4.  The following laws are repealed:                                   
		(1)  Section 1702.166, Occupations Code; and                                  
		(2)  Section 1702.281, Occupations Code.                                      
	SECTION 5.  The changes in law made by this Act apply only to 
a license, certification, registration, commission, or letter of 
authority that is originally issued or renewed on or after the 
effective date of this Act.  An issuance or renewal that occurs 
before the effective date of this Act is governed by the law in 
effect immediately before the effective date of this Act, and the 
former law is continued in effect for that purpose.
	SECTION 6.  This Act takes effect September 1, 2003.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1769 was passed by the House on May 2, 
2003, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 1769 was passed by the Senate on May 
28, 2003, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor