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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1241

80R4987 JMM-F                                                                                By: Haggerty (Jackson, Mike)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/17/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law prohibits private companies from employing security personnel who have been convicted of a crime that would prevent them from registering under the Private Security Act (Chapter 1702, Occupations Code).  However, there is no requirement that a private company maintain a copy of the employees’ criminal history background information on file.  Because of this, there is no way for Texas Department of Public Safety (DPS) investigators to verify that the employees are eligible to serve in a security capacity.

 

H.B. 1241 requires a private business to maintain criminal history records of its security personnel on file at the business and make them available for inspection by DPS.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 1702.323, Occupations Code, by amending Subsection (c) and adding Subsection (c-1), as follows:

 

(c)  Requires a private business to maintain an individual's criminal history record on file at the business and to make the record available for inspection by the Department of Public Safety.

 

(c-1)  Creates this subsection from existing text of Subsection (c).

 

SECTION 2.  Provides that the change in law made by this Act to Section 1702.323, Occupations Code, applies to an individual employed by the security department of a private business on or after the Act’s effective date regardless of the date on which the individual began employment.

 

SECTION 3.  Effective date: September 1, 2007.