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78R6112 MXM-F
By: Driver H.B. No. 1769
A BILL TO BE ENTITLED
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. Sections 1702.002(1), (6), (7), and (11),
Occupations Code, are amended to read as follows:
(1) "Alarm system" means an alarm system, burglar
alarm signal device, electronic key pad with a panic alarm feature,
burglar alarm, robbery alarm, motion [television] camera, [or]
still camera, or access system for a building with a central
computer used to signal the presence of an emergency to which law
enforcement or emergency services other than a fire department may
be [are] expected to respond.
(6) "Detection device" means an electronic device used
as a part of a burglar or robbery alarm, including a control,
audible alarm, communications device, motion detector, door or
window switch, sound detector, vibration detector, light beam,
pressure mat, wiring, or similar device.
(7) "Extra job coordinator" means a peace officer who:
(A) is employed full-time by the state or a
political subdivision of the state [municipality]; and
(B) schedules other peace officers to provide
guard, patrolman, or watchman services in a private capacity who
are:
(i) employed full-time by the state or a
political subdivision of the state [municipality]; and
(ii) not employed by the extra job
coordinator.
(11) "Letter of authority" means a permit issued by
the commission that entitles the security department of a private
business to employ a commissioned or noncommissioned security
officer or a political subdivision to employ a commissioned
security officer.
SECTION 2. Section 1702.061(f), Occupations Code, is
amended to read as follows:
(f) The commission may commission investigators who are
employed full-time by the commission as peace officers [for the
limited purpose of assisting the commission in investigating
alleged violations of this chapter and of commission rules].
SECTION 3. Section 1702.062, Occupations Code, is amended
to read as follows:
Sec. 1702.062. FEES. (a) The commission by rule shall
establish reasonable and necessary fees that produce sufficient
revenue to administer this chapter. [The fees may not produce
unnecessary fund balances and may not exceed the following amounts:
[Class A license $250
[(original and renewal)
[Class B license $300
[(original and renewal)
[Class C license $440
[(original and renewal)
[Reinstate suspended license$150
[Assignment of license$150
[Change name of license$ 75
[Delinquency fee ____
[Branch office certificate and renewal$200
[Registration fee for private investigator, manager,
branch office manager, and alarm systems installer$ 20
[(original and renewal)
[Registration fee for noncommissioned security officer$ 25
[(original and renewal)
[Registration fee for security salesperson$ 20
[Registration fee for alarm systems monitor$ 20
[Registration fee for dog trainer$ 20
[Registration fee for owner, officer, partner, or
shareholder of a license holder$ 50
[Registration fee for security consultant$ 55
[Security officer commission fee$ 50
[(original and renewal)
[School instructor fee$100
[(original and renewal)
[School approval fee $250
[(original and renewal)
[Letter of authority fee for private business
and political subdivision$300
[Letter of authority renewal fee for private
business and political subdivision$225
[FBI fingerprint check$ 25
[Duplicate pocket card$ 10
[Employee information update fee$ 15
[Burglar alarm sellers renewal fee$ 25
[Personal protection officer authorization$ 50]
(b) In addition to [other] fees established under this
chapter or the General Appropriations Act, the commission may
charge a fee each time the commission requires a person regulated
under this chapter to resubmit a set of fingerprints for processing
by the commission during the application process for a license,
registration, or commission. The commission shall set the fee in an
amount that is reasonable and necessary to cover the commission's
administrative expenses related to processing the fingerprints.
(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 4. Section 1702.105, Occupations Code, is amended
to read as follows:
Sec. 1702.105. ALARM SYSTEMS COMPANY. A person acts as an
alarm systems company for the purposes of this chapter if the
person:
(1) sells, installs, services, monitors, or responds
to an alarm system or detection device; or
(2) consults with a person to sell, install, service,
monitor, or respond to an alarm system or detection device.
SECTION 5. Section 1702.114, Occupations Code, is amended
to read as follows:
Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR
INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a license to
engage in the business of an investigations company or the
applicant's manager must have, before the date of the application,
three [consecutive] years' experience in the investigative field as
an employee, manager, or owner of an investigations company or
satisfy other requirements set by the commission.
(b) The applicant's experience must have been legally
obtained and must be:
(1) reviewed by the commission or the director; and
(2) determined to be adequate to qualify the applicant
to engage in the business of an investigations company.
SECTION 6. Section 1702.115(a), Occupations Code, is
amended to read as follows:
(a) An applicant for a license to engage in the business of a
security services contractor or the applicant's manager must have,
before the date of the application, two [consecutive] years'
experience in each security services field for which the person
applies as an employee, manager, or owner of a security services
contractor or satisfy other requirements set by the commission.
SECTION 7. Section 1702.223, Occupations Code, is amended
to read as follows:
Sec. 1702.223. ALARM SYSTEMS INSTALLER. An individual acts
as an alarm systems installer for purposes of this chapter if the
individual installs, maintains, or repairs an alarm system or a
detection device.
SECTION 8. Section 1702.227, Occupations Code, is amended
to read as follows:
Sec. 1702.227. SECURITY SALESPERSON. An individual acts as
a security salesperson for purposes of this chapter if the
individual offers to sell, service, or install an alarm system or a
detection device [is employed by a security services contractor to
sell services offered by the contractor].
SECTION 9. 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 10. 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 11. The following laws are repealed:
(1) Section 1702.166, Occupations Code; and
(2) Section 1702.281, Occupations Code.
SECTION 12. 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 13. This Act takes effect September 1, 2003.