79R13921 MSE-F
By: Driver H.B. No. 2303
Substitute the following for H.B. No. 2303:
By: Jackson C.S.H.B. No. 2303
A BILL TO BE ENTITLED
AN ACT
relating to the administration of the Private Security Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 1702, Occupations Code, is
amended by adding Section 1702.047 to read as follows:
Sec. 1702.047. ADMINISTRATIVE STAFF. The department shall
designate a department employee who shall report directly to the
board. The employee designated under this section shall assist the
board in the administration of the board's duties.
SECTION 2. Subchapter D, Chapter 1702, Occupations Code, is
amended by adding Section 1702.0611 to read as follows:
Sec. 1702.0611. RULEMAKING PROCEDURES. (a) The board
shall adopt rules under this chapter subject to the approval of the
Public Safety Commission as provided by this section.
(b) Before adopting a rule under this chapter, the board
must:
(1) determine the need for the proposed rule;
(2) work with persons who will be affected by the rule
to ensure consideration of all relevant issues regarding the
proposed rule;
(3) consult with an attorney in the department's
regulatory licensing service to draft the rule and ensure that the
proposed rule complies with statutory requirements regarding
administrative rules; and
(4) submit the proposed rule to the department's
general counsel, director, and chief accountant for consideration
of the proposed rule's impact on the department and to ensure that
the proposed rule is within the board's authority.
(c) On the completion of the required publication and
comment periods under Chapter 2001, Government Code, the Public
Safety Commission may return the proposed rule to the board if the
commission identifies a problem with the rule that must be resolved
before the rule is approved.
(d) On approval of the proposed rule by the Public Safety
Commission, the board shall comply with the requirements of Chapter
2001, Government Code, for final adoption of the rule.
SECTION 3. Section 1702.062(a), Occupations Code, is
amended to read as follows:
(a) The commission by rule shall establish reasonable and
necessary fees that produce sufficient revenue to administer this
chapter. The fees may not produce unnecessary fund balances and may
not exceed the following amounts:
Class A license $350 [$250] (original and renewal)
Class B license $400 [$300] (original and renewal)
Class C license $540 [$440] (original and renewal)
Class D license$400 (original and renewal)
Reinstate suspended license $150
Assignment of license $150
Change name of license $ 75
Delinquency fee _____
Branch office certificate and renewal $300 [$200]
Registration fee for private investigator, manager,
branch office manager, locksmith, electronic
access control device installer, and alarm
systems installer $ 30 [$ 20] (original and renewal)
Registration fee for noncommissioned
security officer $ 30 [$ 25] (original and renewal)
Registration fee for security salesperson $ 30 [$ 20]
Registration fee for alarm systems monitor $ 30 [$ 20]
Registration fee for dog trainer $ 30 [$ 20]
Registration fee for owner, officer,
partner, or shareholder of a license holder $ 50
Registration fee for security consultant $300 [$ 55]
Registration fee for employee of license holder$ 30
Security officer commission fee$ 50 (original and renewal)
School instructor fee $100 (original and renewal)
School approval fee $350 [$250] (original and renewal)
Letter of authority fee for private business
and political subdivision $400 [$300]
Letter of authority renewal fee for private
business and political subdivision $225
Letter of authority fee for commissioned officer,
noncommissioned officer, or personal protection
officer for political subdivision $ 10
FBI fingerprint check $ 25
Duplicate pocket card $ 10
Employee information update fee $ 15
Burglar alarm sellers renewal fee $ 30 [$ 25]
Personal protection officer authorization $ 50
SECTION 4. This Act takes effect September 1, 2005.