78R11679 KCR-F
By: Miller H.B. No. 2601
Substitute the following for H.B. No. 2601:
By: Seaman C.S.H.B. No. 2601
A BILL TO BE ENTITLED
AN ACT
relating to security personnel at commercial nuclear power plants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.122, Code of Criminal Procedure, is
amended by adding Subsection (f) to read as follows:
(f) A person, including a security service contractor, who
is trained and qualified under a security plan approved by the
United States Nuclear Regulatory Commission and who provides
security services at a commercial nuclear power plant licensed by
that commission is not a peace officer under the laws of this state,
except that the person has the powers of arrest, search, and seizure
and has the protections provided by Section 9.51, Penal Code, while
the person is providing security services on the premises of a
commercial nuclear power plant or in accordance with an agreement
with local law enforcement agencies regarding areas surrounding the
commercial nuclear power plant.
SECTION 2. Section 1702.324(b), Occupations Code, is
amended to read as follows:
(b) This chapter does not apply to:
(1) a manufacturer or a manufacturer's authorized
distributor who sells equipment to a license holder that is used in
the operations for which the person is required to be licensed;
(2) a person engaged exclusively in the business of
obtaining and providing information to:
(A) determine creditworthiness;
(B) collect debts; or
(C) ascertain the reliability of information
provided by an applicant for property, life, or disability
insurance or an indemnity or surety bond;
(3) a person engaged exclusively in the business of
repossessing property that is secured by a mortgage or other
security interest;
(4) a locksmith who:
(A) does not install or service detection
devices;
(B) does not conduct investigations; and
(C) is not a security services contractor;
(5) a person who:
(A) is engaged in the business of psychological
testing or other testing and interviewing services, including
services to determine attitudes, honesty, intelligence,
personality, and skills, for preemployment purposes; and
(B) does not perform any other service that
requires a license under this chapter;
(6) a person who:
(A) is engaged in obtaining information that is a
public record under Chapter 552, Government Code, regardless of
whether the person receives compensation;
(B) is not a full-time employee, as defined by
Section 61.001, Labor Code, of a person licensed under this
chapter; and
(C) does not perform any other act that requires
a license under this chapter;
(7) a licensed professional engineer practicing
engineering or directly supervising engineering practice under The
Texas Engineering Practice Act, Chapter 1001, Occupations Code
[(Article 3271a, Vernon's Texas Civil Statutes)], including
forensic analysis, burglar alarm system engineering, and necessary
data collection;
(8) an employee of a cattle association who inspects
livestock brands under the authority granted to the cattle
association by the Grain Inspection, Packers and Stockyards
Administration of the United States Department of Agriculture;
(9) a landman performing activities in the course and
scope of the landman's business;
(10) an attorney while engaged in the practice of law;
(11) a person who obtains a document for use in
litigation under an authorization or subpoena issued for a written
or oral deposition; [or]
(12) an admitted insurer, insurance adjuster, agent,
or insurance broker licensed by the state, performing duties in
connection with insurance transacted by that person; or
(13) a person, including a security service
contractor, engaged in providing security services at a commercial
nuclear power plant licensed by the United States Nuclear
Regulatory Commission.
SECTION 3. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1191 to read as follows:
Sec. 411.1191. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: COMMERCIAL NUCLEAR POWER PLANTS. (a) A commercial
nuclear power plant licensed by the United States Nuclear
Regulatory Commission and any contractor of that plant are entitled
to obtain from the department criminal history record information
maintained by the department that relates to a person who is seeking
employment at or access to the commercial nuclear power plant for
the purpose of providing security services to the plant.
(b) Criminal history record information obtained under this
section may not be released or disclosed to any person, except:
(1) as needed to protect the security of a commercial
nuclear power plant; or
(2) as authorized by:
(A) the United States Nuclear Regulatory
Commission;
(B) court order; or
(C) federal or state law.
(c) The department shall place a priority on a request
received under this section and shall respond to a request received
under this section not later than the second day after the date the
request is received.
SECTION 4. Chapter 93, Civil Practice and Remedies Code, is
amended by adding Section 93.003 to read as follows:
Sec. 93.003. COMMERCIAL NUCLEAR POWER PLANTS: AFFIRMATIVE
DEFENSE. It is an affirmative defense to a civil action for damages
for personal injury or death brought against a defendant who
provides security services as described by Article 2.122(f), Code
of Criminal Procedure, the defendant's employer, or the owner of
the commercial nuclear power plant where the security services are
provided that, at the time the cause of action accrues, the
defendant was justified in using force under Chapter 9, Penal Code.
SECTION 5. (a) This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
(b) Section 4 of this Act applies only to a cause of action
that accrues on or after the effective date of this Act. A cause of
action that accrues before the effective date of this Act is
governed by the law in effect at the time the cause of action
accrued, and that law is continued in effect for that purpose.