By:  Haggerty                                                     H.B. No. 1132



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of and rights of private security 
personnel.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        

ARTICLE 1.  OCCUPATIONS CODE CHANGES
	SECTION 1.01.  Section 1702.163(a), Occupations Code, is 
amended to read as follows:
	(a)  The board [commission] may not issue a security officer 
commission to an applicant employed by a license holder unless the 
applicant submits evidence satisfactory to the board [commission] 
that the applicant has:
		(1)  completed the basic training course at a school or 
under an instructor approved by the board [commission];
		(2)  met each qualification established by this chapter 
and board [commission] rule;
		(3)  achieved the score required by the board
[commission] on the examination under Section 1702.1685; and
		(4)  demonstrated to the satisfaction of the firearm 
training instructor that the applicant has complied with other 
board [commission] standards for minimum marksmanship competency 
with a handgun [shotgun].
	SECTION 1.02.  Section 1702.282, Occupations Code, is 
amended by amending Subsection (a) and adding Subsection (d) to 
read as follows:
	(a)  The board [commission] shall conduct a criminal history 
check, including a check of any criminal history record information 
maintained by the Federal Bureau of Investigation, in the manner 
provided by Subchapter F, Chapter 411, Government Code, on each 
applicant for a license, registration, security officer 
commission, letter of approval, permit, or certification.  An 
applicant is not eligible for a license, registration, commission, 
letter of approval, permit, or certification if the check reveals 
that the applicant has committed an act that constitutes grounds 
for the denial of the license, registration, commission, letter of 
approval, permit, or certification.  Except as provided by 
Subsection (d), each [Each] applicant shall include in the 
application two complete sets of fingerprints on forms prescribed 
by the board [commission] accompanied by the fee set by the board
[commission].
	(d)  An applicant who is a peace officer is not required to 
submit fingerprints with the applicant's application.  On request, 
the law enforcement agency or other entity that employs the peace 
officer or the entity that maintains the peace officer's 
fingerprints shall provide the fingerprints for the peace officer 
to the board.  The applicant shall provide sufficient information 
to the board to enable the board to obtain the fingerprints under 
this subsection.

ARTICLE 2.  PENAL CODE CHANGES
	SECTION 2.01.  Section 46.05, Penal Code, is amended by 
amending Subsection (f) and adding Subsection (g) to read as 
follows:
	(f)  It is a defense to prosecution under this section for 
the possession of a chemical dispensing device that the actor is 
[holds] a security officer [commission issued by the Texas 
Commission on Private Security] and has received training on the 
use of the chemical dispensing device by a training program that is:
		(1)  provided by the Commission on Law Enforcement 
Officer Standards and Education; or
		(2)  approved for the purposes described by this 
subsection by the Texas [Commission on] Private Security Board of 
the Department of Public Safety.
	(g)  In Subsection (f), "security officer" means a 
commissioned security officer as defined by Section 1702.002, 
Occupations Code, or a noncommissioned security officer registered 
under Section 1702.221, Occupations Code.

ARTICLE 3.  EFFECTIVE DATE
	SECTION 3.01.  This Act takes effect September 1, 2005.