78R8004 T

By:  Williams                                                     S.B. No. 943



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 providing to the business or governmental entity, an 
evaluation of:
		(1)  the services or products provided to its customers 
or clients by its employees or agents;
		(2)  compliance by its employees or agents with its 
policies and operational procedures;
		(3)  the appearance, cleanliness, efficiency and other 
operational aspects of its 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 incentive programs;
		(6)  the quality, availability and prices of its goods 
or services; or
		(7)  other aspects of the operation of the business or 
governmental entity, as determined by 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)  an individual who poses or acts anonymously as a 
customer or client of the business or governmental entity:
			(i)  is qualified and trained in its evaluation 
practices and procedures by the person or entity engaged in 
offering or providing the services described in this section;
			(ii)  uses an evaluation tool prescribed or 
approved by the business or governmental entity seeking the 
evaluation; and
			(iii)  does not engage in the investigation or 
observation of one or more of its employees or agents for the 
purpose of determining whether an employee has committed a crime; 
and
		(2)  the information obtained through the use of the 
evaluation tool is not 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.