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78R19330 YDB-D

Suspending limitations on conference committee

jurisdiction, S.B. No. 1252







By:  Armbrister                                       S.R. No. 1011


R E S O L U T I O N
	BE IT RESOLVED by the Senate of the State of Texas, 78th 
Legislature, Regular Session, 2003, That Senate Rule 12.03 be 
suspended in part as provided by Senate Rule 12.08 to enable the 
conference committee appointed to resolve the differences on Senate 
Bill 1252, relating to the regulation of certain activities 
associated with providing private security, to consider and take 
action on the following matter:
	Senate Rule 12.03(4) is suspended to permit the committee to 
add a new section to the bill to read as follows:
	SECTION __.  (a) Subchapter N, Chapter 1702, Occupations 
Code, is amended by adding Section 1702.331 to read as follows:
	Sec. 1702.331.  BUSINESS EVALUATION SERVICE.  (a)  This 
chapter does not apply to a person who poses or acts anonymously as 
a customer or client of a business or governmental entity or is in 
the business of providing the services of another for the purpose of 
evaluating the following operations or services of the business or 
governmental entity:
		(1)  a service or product provided to a customer or 
client;          
		(2)  compliance with policies and operational 
procedures;            
		(3)  the appearance, cleanliness, efficiency, and 
other operations of the office, facility, or physical plant;
		(4)  the friendliness, courtesy, or appearance of an 
employee;       
		(5)  the necessity or effectiveness of a training 
program or employee reward or other incentive program;
		(6)  the quality, availability, or price of goods or 
services; and   
		(7)  other operations or customer services of the 
business or governmental entity the evaluation of which is not 
otherwise prohibited by this chapter.
	(b)  A person described by Subsection (a) is entitled to the 
exemption under that subsection only if:
		(1)  the person:                                                       
			(A)  uses an evaluation tool prescribed or 
approved by the business or governmental entity seeking the 
evaluation; and
			(B)  does not engage in the investigation or 
observation of an employee or agent to determine whether the 
employee or agent has committed a crime; and
		(2)  the information obtained is not intended to be 
used by the business or governmental entity as the sole basis for 
the discipline or discharge of an employee or agent.
	(b)  This section takes effect immediately if this Act 
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 section takes effect September 1, 2003.
	Explanation: This addition is necessary to provide an 
exemption from private security regulations for individuals who 
conduct a business evaluation service.