By: Driver (Senate Sponsor - Armbrister) H.B. No. 2303
(In the Senate - Received from the House May 11, 2005;
May 13, 2005, read first time and referred to Committee on Business
and Commerce; May 20, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 20, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2303 By: Armbrister
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:
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. The salary for
an employee designated under this section may not exceed the salary
specified in the General Appropriations Act for an employee subject
to salary group A10.
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 may
only adopt rules under this chapter on 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 shall:
(1) return the proposed rule to the board if:
(A) the commission identifies a problem with the
rule that must be resolved before the rule is approved; or
(B) a comment requiring resolution is received
during the comment period; or
(2) place the rule on the commission's agenda for final
approval during the commission's next regularly scheduled meeting.
(d) On approval of the proposed rule by the Public Safety
Commission, the department 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. 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 5. Section 1702.182, Occupations Code, is amended
to read as follows:
Sec. 1702.182. SECURITY DEPARTMENT OF PRIVATE BUSINESS.
(a) A security department acts as the security department of a
private business if it:
(1) has as its general purpose the protection and
security of its own property and grounds; and
(2) does not offer or provide security services to
another person.
(b) For purposes of this subchapter, a hospital licensed
under Chapter 241 or 577, Health and Safety Code, may provide
security services to:
(1) buildings, grounds, and tenants located on the
hospital's property or campus, regardless of who owns the building;
and
(2) a parent entity or member entity of the hospital or
hospital corporation, or an affiliated entity or business with whom
the hospital shares common ownership or control.
SECTION 6. 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.
SECTION 7. 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.
SECTION 8. Section 1702.062(a), Occupations Code, as
amended by Section 3 of this Act, takes effect only if the provision
of the General Appropriations Act to increase appropriations to the
Department of Public Safety of the State of Texas to increase the
department's full time employee (FTE) count by 39 employees for
implementation of Chapter 1702, Occupations Code, is enacted and
becomes law. If that provision is not enacted, Section
1702.062(a), Occupations Code, as amended by Section 3 of this Act,
is void and of no effect.
SECTION 9. This Act takes effect September 1, 2005.
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