78R8242 T

By:  Madden                                                       H.B. No. 2637



A BILL TO BE ENTITLED

AN ACT

relating to an exemption from the private security laws for certain 
persons engaged in the business of furnishing information regarding 
the operational or customer service activities of a business or 
governmental entity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter N, Chapter 1702, Occupations Code, is 
amended by adding a new Section 1702.331 to read as follows:
	Sec. 1702.331.  BUSINESS EVALUATION SERVICE.  (a)  This 
chapter does not apply to a person who is 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 evaluating the following operational or customer 
service elements of a business or governmental entity:
		(1)  the services or products provided to customers or 
clients;      
		(2)  compliance with policies and operational 
procedures;            
		(3)  the appearance, cleanliness, efficiency and other 
operational aspects of the office, facility, or physical plant;
		(4)  the friendliness, courtesy, or appearance of 
specific employees;
		(5)  the need for or effectiveness of training programs 
or employee rewards or other incentive programs;
		(6)  the quality, availability and prices of the goods 
or services; or
		(7)  other operational or customer service elements of 
the business or governmental entity not otherwise prohibited by 
this chapter.
	(b)  A person satisfies the requirements of subsection (a) of 
this section if:
		(1)  the individual who poses or acts anonymously as a 
customer or client of the business or governmental entity:
			(i)  uses an evaluation tool prescribed or 
approved by the business or governmental entity seeking the 
evaluation; and
			(ii)  does not engage in the investigation or 
observation of one or more employees or agents for the purpose of 
determining whether the employee or agent has committed a crime; 
and
		(2)  the information obtained through the use of the 
evaluation tool is not to be used by the business or governmental 
entity as the sole basis for the discipline or discharge of one or 
more of its employees or agents.
	SECTION 2.  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.