BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 949

80R7350 MSE-F                                                                                                                By: Hegar

                                                                                                                        Business & Commerce

                                                                                                                                            3/20/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under a nuisance abatement plan, a city requires a business property owner to implement a variety of crime reduction actions, such as installing security cameras, security gates, or hiring onsite personnel to patrol the property.  Currently, there is no law prohibiting the city from requiring a business property owner to contract with particular security services, in particular, off-duty peace officers, in implementing a nuisance abatement plan.  The business property owner may be prosecuted by the city for violation of the public nuisance statute, Chapter 125 (Common and Public Nuisances), Civil Practice & Remedies Code, if the business property owner fails to comply with the city's plan. 

 

As proposed, S.B. 949 authorizes a private business owner to contract with either a licensed security service or an off-duty peace officer when satisfying the requirements set forth in the nuisance abatement plan.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

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

 

Sec. 1702.184.  PROVISION OF SECURITY SERVICES BY PRIVATE BUSINESS.  (a) Authorizes a private business to provide security services to buildings and grounds located on the private business's property.

 

(b) Prohibits a private business providing security under this section from being prohibited from contracting with a commissioned security officer or a security services contractor to provide the security service or required to contract with a peace officer to provide the security services.

 

SECTION 2.  Effective date: upon passage or September 1, 2007.