H.B. No. 808




AN ACT

relating to exempting an accountant from regulation as a private 
investigator.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1702.324(b), Occupations Code, as 
amended by Chapters 936, 1237, and 1276, Acts of the 78th 
Legislature, Regular Session, 2003, is reenacted and 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 or registrant 
that is used in the operations for which the person is required to 
be licensed or registered;
		(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 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;
		(5)  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;
		(6)  a licensed engineer practicing engineering or 
directly supervising engineering practice under Chapter 1001, 
including forensic analysis, burglar alarm system engineering, and 
necessary data collection;
		(7)  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;
		(8)  a landman performing activities in the course and 
scope of the landman's business;
		(9)  an attorney while engaged in the practice of law;                        
		(10)  a person who obtains a document for use in 
litigation under an authorization or subpoena issued for a written 
or oral deposition;
		(11)  an admitted insurer, insurance adjuster, agent, 
or insurance broker licensed by the state, performing duties in 
connection with insurance transacted by that person;
		(12)  a person who on the person's own property or on 
property owned or managed by the person's employer:
			(A)  installs, changes, or repairs a mechanical 
security device;           
			(B)  repairs an electronic security device; or                               
			(C)  cuts or makes a key for a security device; 
[or]      
		(13)  security personnel, including security contract 
personnel, working at a commercial nuclear power plant licensed by 
the United States Nuclear Regulatory Commission; or
		(14)  a person or firm licensed as an accountant or 
accounting firm under Chapter 901, an owner of an accounting firm, 
or an employee of an accountant or accounting firm.
	SECTION 2.  To the extent of any conflict, this Act prevails 
over another Act of the 79th Legislature, Regular Session, 2005, 
relating to nonsubstantive additions and corrections in enacted 
codes.
	SECTION 3.  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, 2005.



______________________________                ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 808 was passed by the House on April 
22, 2005, by the following vote:  Yeas 143, Nays 0, 2 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 808 was passed by the Senate on May 
19, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor