BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1393

                                                                                                                            By: Flores (Shapiro)

                                                                                                                        Business & Commerce

                                                                                                                                            4/20/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Many in-house corporate security personnel, in the business of maintaining security for the corporation, may now be required to become licensed private security officers and thus be regulated by the Texas Private Security Board.  These security personnel do not wear uniforms, are not regarded by the public to be law enforcement officials, and therefore do not meet the law's previous intent on being licensed private security officers.

 

H.B. 1393 clarifies existing statutory provisions by identifying those who must be licensed as a security officer, and specifically provides an exemption for individuals employed in an employee-employer relationship exclusively with the affairs of the employer.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 1702.323, Occupations Code, as follows:

 

Sec. 1702.323. SECURITY DEPARTMENT OF PRIVATE BUSINESS. (a) Provides that this chapter does not apply to a certain individuals except as provided by Subsections (b) and (d), rather than Subsections (b), (d), and (e).

           

            (b) Makes no changes to this subsection.

 

(c) Adds provision that the security department of a private business may not hire or employ certain individuals to perform a duty described by Section 1702.222 (Security Officer).

 

(d) Makes a conforming change.

 

(e) Deletes this subsection regarding the applicability of this chapter.

 

SECTION 2. Effective date: upon passage or September 1, 2005.