H.B. No. 1393
relating to the regulation of certain investigators by the Texas
Private Security Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.323, Occupations Code, is amended
to read as follows:
Sec. 1702.323. SECURITY DEPARTMENT OF PRIVATE BUSINESS. (a)
Except as provided by Subsections (b) and [
,] (d), [ and (e),] this
chapter does not apply to an individual employed in an
employee-employer relationship exclusively and regularly by one
employer in connection with the affairs of the employer.
(b) An individual described by Subsection (a) who carries a
firearm in the course of employment must obtain a private security
officer commission under this chapter.
(c) The security department of a private business may not
hire or employ an individual to perform a duty described by Section
1702.222 if the individual has been convicted of a crime that would
otherwise preclude the individual from being registered under this
chapter. Although the security department of a private business
that hires or employs an individual as a private security officer to
possess a firearm in the course and scope of the individual's duties
is required to apply for a security officer commission for the
individual under this chapter, the security department of a private
business is not required to apply to the commission for any license
under this chapter.
(d) This chapter applies to an individual described by
Subsection (a) who in the course of employment:
(1) comes into contact with the public;
(2) wears a uniform with any type of badge commonly
associated with security personnel or law enforcement or a patch or
apparel with "security" on the patch or apparel; and [ or]
(3) performs a duty described by Section 1702.222.
[ (e) This chapter applies to any person who conducts an
investigation if the investigation involves a person, or the
affairs of a person, who is not employed by the same employer as the
person conducting the investigation and the investigation is not
conducted on the premises of the employer. Premises of the employer
include walkways, parking areas, and other areas relating to the
affairs of the employer.]
SECTION 2. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 1393 was passed by the House on March
31, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 1393 was passed by the Senate on May
5, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate