BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 2258

                                                                                                                                             By: Frost

                                                                                                                               Law Enforcement

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Even though licensed private guards undergo rigorous training in providing on-site security to obtain a license, some property owners feel they are being pressured to hire off-duty peace officers when they want to participate in a nuisance abatement plan. While many business property owners utilize the services of off-duty peace officers, frequently the specialized training, availability and affordability of licensed security services make this service a more advantageous option.

 

C.S.H.B. 2258 would clarify that private business owners have the option to contract for the services of either a licensed security service or an off-duty peace officer when hiring security services.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.  Amends Subchapter H, Chapter 1702, Occupations Code, by adding Section 1702.184, as follows:

 

Sec. 1702.184.   

            (a) Prohibits a political subdivision from requiring a private business to contract      with or employ a peace office to provide security for the business.

 

(b) The section does not apply to requirements that a private business contract with or employ a peace officer to provide security for a public event, conduct a public escort or direct traffic on a public roadway. Also, the section does not apply to an order or determination of a court under Chapter 125, Civil Practice and Remedies Code (Common and Public Nuisances).

 

SECTION 2.  Establishes the effective date: upon passage or September 1, 2007.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The original bill provided that a private business could provide security services to buildings and grounds of the business by commissioned security officers and was not required to contract with a peace officer.

 

The substitute also provides exceptions to Occupations Code Chapter 1702.184 (a), as added by this Act, which provides that a private business may still be required to contract or employ peace officers under certain circumstances.