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  H.B. No. 2833
 
 
 
 
AN ACT
  relating to the licensing and regulation of certain private
  security services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1702.004, Occupations Code, is amended
  to read as follows:
         Sec. 1702.004.  GENERAL SCOPE OF REGULATION.  (a) The board
  [commission], in addition to performing duties required by other
  law or exercising powers granted by other law:
               (1)  licenses investigations companies and security
  services contractors;
               (2)  issues commissions to certain security officers;
               (3)  issues authorizations to certain security
  officers engaged in the personal protection of individuals;
               (4)  registers:
                     (A)  certain individuals connected with a license
  holder; and
                     (B)  certain individuals employed in a field
  connected to private investigation or private security; and
               (5)  regulates license holders, security officers, and
  registrants under this chapter.
         (b)  Chapter 53 does not apply to this chapter or to any
  licensing, regulatory, or disciplinary determinations made under
  this chapter.
         SECTION 2.  Subchapter E, Chapter 1702, Occupations Code, is
  amended by adding Section 1702.085 to read as follows:
         Sec. 1702.085.  CONFIDENTIALITY OF RECORDS. Records
  maintained by the department under this chapter on the home
  address, home telephone number, driver's license number, or social
  security number of an applicant or a license holder, registrant, or
  security officer commission holder are confidential and are not
  subject to mandatory disclosure under Chapter 552, Government Code.
         SECTION 3.  Section 1702.102(a), Occupations Code, is
  amended to read as follows:
         (a)  Unless the person holds a license as a security services
  contractor, a person may not:
               (1)  act as an alarm systems company, armored car
  company, courier company, guard company, [or] guard dog company,
  locksmith company, or private security consultant company;
               (2)  offer to perform the services of a company in
  Subdivision (1); or
               (3)  engage in business activity for which a license is
  required under this chapter.
         SECTION 4.  Section 1702.104, Occupations Code, is amended
  to read as follows:
         Sec. 1702.104.  INVESTIGATIONS COMPANY.  (a) A person acts
  as an investigations company for the purposes of this chapter if the
  person:
               (1)  engages in the business of obtaining or
  furnishing, or accepts employment to obtain or furnish, information
  related to:
                     (A)  crime or wrongs done or threatened against a
  state or the United States;
                     (B)  the identity, habits, business, occupation,
  knowledge, efficiency, loyalty, movement, location, affiliations,
  associations, transactions, acts, reputation, or character of a
  person;
                     (C)  the location, disposition, or recovery of
  lost or stolen property; or
                     (D)  the cause or responsibility for a fire,
  libel, loss, accident, damage, or injury to a person or to property;
               (2)  engages in the business of securing, or accepts
  employment to secure, evidence for use before a court, board,
  officer, or investigating committee;
               (3)  engages in the business of securing, or accepts
  employment to secure, the electronic tracking of the location of an
  individual or motor vehicle other than for criminal justice
  purposes by or on behalf of a governmental entity; or
               (4)  engages in the business of protecting, or accepts
  employment to protect, an individual from bodily harm through the
  use of a personal protection officer.
         (b)  For purposes of Subsection (a)(1), obtaining or
  furnishing information includes information obtained or furnished
  through the review and analysis of, and the investigation into the
  content of, computer-based data not available to the public.
         SECTION 5.  Section 1702.113, Occupations Code, is amended
  to read as follows:
         Sec. 1702.113.  GENERAL QUALIFICATIONS FOR LICENSE,
  CERTIFICATE OF REGISTRATION, OR SECURITY OFFICER COMMISSION.  (a)  
  An applicant for a license, certificate of registration, or
  security officer commission or the applicant's manager must be at
  least 18 years of age and must not:
               (1)  have been convicted in any jurisdiction of two or
  more felony offenses [a Class A misdemeanor or equivalent offense
  or a greater offense], unless [a] full pardons have [pardon has]
  been granted for all convictions for reasons relating to [a]
  wrongful convictions [conviction];
               (2)  have been convicted in any jurisdiction of any of
  the following:
                     (A)  a single felony or equivalent offense for
  which the 20th anniversary of the date of conviction has not
  occurred before the date of application, unless a full pardon has
  been granted for reasons relating to a wrongful conviction; or
                     (B)  a Class A misdemeanor or equivalent offense
  for which the 10th anniversary of the date of conviction has not
  occurred before the date of application, unless a full pardon has
  been granted for reasons relating to a wrongful conviction;
               (3)  at the time of application be charged with the
  commission of a Class A misdemeanor or felony offense, under an
  information or indictment;
               (4)  in the 10 years preceding the date of application,
  have been adjudicated as having engaged in delinquent conduct
  violating a penal law of the grade of felony;
               (5)  [a Class B misdemeanor or equivalent offense for
  which the fifth anniversary of the date of conviction has not
  occurred before the date of application, unless a full pardon has
  been granted for reasons relating to a wrongful conviction;
               [(3)]  have been found by a court to be incompetent by
  reason of a mental defect or disease and not have been restored to
  competency;
               (6) [(4)     be suffering from habitual drunkenness or
  from narcotics addiction or dependence; or
               [(5)]  have been dishonorably discharged from the
  United States armed services, discharged from the United States
  armed services under other [than honorable] conditions determined
  by the board to be prohibitive, or dismissed from the United States
  armed services if a commissioned officer in the United States armed
  services; or
               (7)  be required to register in this or any other state
  as a sex offender, unless the applicant is approved by the board
  under Section 1702.3615.
         (b)  An applicant is ineligible [The commission may deny an
  application] for a license, certificate of registration, or
  commission if the applicant has charges pending for or has been
  convicted in any jurisdiction of a Class B misdemeanor for an [or
  equivalent] offense determined by the board to be disqualifying if
  the fifth anniversary of the date of conviction has not occurred
  before the date of application, unless a full pardon has been
  granted for reasons relating to a wrongful conviction.
         (c)  For purposes of this section, an offense under the laws
  of this state, another state, or the United States is considered:
               (1)  a felony if the offense:
                     (A)  at the time of conviction was designated by a
  law of this state as a felony, including a state jail felony;
                     (B)  contains all the elements of an offense
  designated by a law of this state as a felony, including a state
  jail felony; or
                     (C)  is punishable by confinement for one year or
  more in a penitentiary;
               (2)  a Class A misdemeanor if the offense is not a
  felony and the offense:
                     (A)  at the time of conviction was designated by a
  law of this state as a Class A misdemeanor;
                     (B)  contains all the elements of an offense
  designated by a law of this state as a Class A misdemeanor; or
                     (C)  provides as a possible punishment
  confinement in a jail other than a state jail felony facility; or
               (3)  a Class B misdemeanor if the offense is not a
  felony or Class A misdemeanor and the offense:
                     (A)  at the time of conviction was designated by a
  law of this state as a Class B misdemeanor;
                     (B)  contains all the elements of an offense
  designated by a law of this state as a Class B misdemeanor; or
                     (C)  provides as a possible punishment
  confinement in a jail other than a state jail felony facility.
         (d)  For purposes of this section, "convicted" has the
  meaning provided in Section 1702.371.
         (e)  An individual's eligibility under this chapter is not
  affected by any relationship or lack of  relationship between the
  nature of the criminal charges or conviction and the regulated
  occupation.
         SECTION 6.  Section 1702.119(b), Occupations Code, is
  amended to read as follows:
         (b)  An individual may not act as a manager until the
  individual has:
               (1)  demonstrated the individual's qualifications by
  passing the written examination required by Section 1702.117(a);
  and
               (2)  made a satisfactory showing to the department
  [commission] that the individual:
                     (A)  satisfies the requirements of Section
  1702.113 and meets all qualification and experience requirements
  set by rule for a manager of the type of company for which the
  individual is applying [either Section 1702.114 or Section
  1702.115, as appropriate]; and
                     (B)  has not engaged in conduct regarding a
  violation or conviction that is grounds for disciplinary action
  under Section 1702.361(b) or 1702.3615(a).
         SECTION 7.  Sections 1702.124(a), (b), and (e), Occupations
  Code, are amended to read as follows:
         (a)  An applicant is not eligible for [The commission may not
  issue] a license unless the applicant provides as part of the
  application [files with the commission]:
               (1)  a certificate of insurance or other documentary
  evidence of a general liability insurance policy [on a certificate
  of insurance form prescribed by the Texas Department of Insurance
  and] countersigned by an insurance agent licensed in this state; or
               (2)  a certificate of insurance for surplus lines
  coverage obtained under Chapter 981, Insurance Code, through a
  licensed Texas surplus lines agent resident in this state.
         (b)  The general liability insurance policy must be
  conditioned to pay on behalf of the license holder damages that the
  license holder becomes legally obligated to pay because of bodily
  injury, property damage, or personal injury, caused by an event
  involving the principal, or an officer, agent, or employee of the
  principal, in the conduct of any activity or service for which the
  license holder is [business] licensed under this chapter.
         (e)  An insurance certificate executed and filed with the
  department [commission] under this chapter remains in effect until
  the insurer terminates future liability by providing to the
  department [commission] at least 10 days' notice of the intent to
  terminate liability.
         SECTION 8.  Section 1702.133(b), Occupations Code, is
  amended to read as follows:
         (b)  A license holder or an officer, director, partner, or
  manager of a license holder shall disclose to a law enforcement
  officer or a district attorney, or that individual's
  representative, information the person obtains that relates to a
  criminal offense. A private investigator who is working under the
  direct supervision of a licensed attorney satisfies this
  requirement by disclosing the information to the supervising
  attorney.
         SECTION 9.  Section 1702.163, Occupations Code, is amended
  to read as follows:
         Sec. 1702.163.  QUALIFICATIONS FOR SECURITY OFFICER
  COMMISSION.  (a)  An applicant employed by a license holder is not
  eligible for [The board may not issue] a security officer
  commission [to an applicant employed by a license holder] unless
  the applicant submits as part of the application [evidence]
  satisfactory evidence [to the board] that the applicant has:
               (1)  completed the basic training course at a school or
  under an instructor approved by the board;
               (2)  met each qualification established by this chapter
  and administrative [board] rule;
               (3)  achieved the score required by the board 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 standards for minimum marksmanship competency with a handgun.
         (b)  An individual is not eligible for [The commission may
  not issue] a security officer commission if the [to an] individual
  [who]:
               (1)  is disqualified by state or federal law from
  owning or possessing a firearm [younger than 18 years of age];
               (2)  is incapable of exercising sound judgment in the
  proper use and storage of a handgun [a convicted felon]; [or]
               (3)  is a fugitive from justice for a felony or a Class
  A or Class B misdemeanor;
               (4)  is a chemically dependent person; or
               (5)  is currently restricted under a court protective
  order or subject to a restraining order affecting the spousal
  relationship, other than a restraining order solely affecting
  property interests [has committed an act that, if committed by a
  license holder, would be grounds for suspension or revocation of a
  license].
         (c)  An individual who has been convicted twice in the
  10-year period preceding the date on which the person applies for a
  security officer commission of an offense of the grade of Class B
  misdemeanor or greater that involves the use of alcohol or a
  controlled substance as a statutory element of the offense is a
  chemically dependent person for purposes of this section and is not
  qualified to receive a security officer commission under this
  subchapter. This subsection does not preclude the disqualification
  of an individual for being a chemically dependent person if other
  evidence exists to demonstrate that the person is a chemically
  dependent person.
         (d)  For purposes of Subsection (b)(2), a person is incapable
  of exercising sound judgment with respect to the proper use and
  storage of a handgun if the person:
               (1)  has been diagnosed by a licensed physician as
  suffering from a psychiatric disorder or condition that causes or
  is likely to cause substantial impairment in judgment, mood,
  perception, impulse control, or intellectual ability;
               (2)  suffers from a psychiatric disorder or condition
  described by Subdivision (1) that:
                     (A)  is in remission but is reasonably likely to
  redevelop at a future time; or
                     (B)  requires continuous medical treatment to
  avoid redevelopment;
               (3)  has been diagnosed by a licensed physician or
  declared by a court as incompetent to manage the person's own
  affairs; or
               (4)  has entered a plea of not guilty by reason of
  insanity in a criminal proceeding.
         (e)  The following constitutes evidence that a person has a
  psychiatric disorder or condition described by Subsection (d)(1):
               (1)  involuntary psychiatric hospitalization in the
  five years preceding the date of the application;
               (2)  psychiatric hospitalization in the two years
  preceding the date of the application;
               (3)  inpatient or residential substance abuse
  treatment in the five years preceding the date of the application;
               (4)  diagnosis in the five years preceding the date of
  the application by a licensed physician that the person is
  dependent on alcohol, a controlled substance, or a similar
  substance; or
               (5)  diagnosis at any time by a licensed physician that
  the person suffers or has suffered from a psychiatric disorder or
  condition consisting of or relating to:
                     (A)  schizophrenia or delusional disorder;
                     (B)  bipolar disorder;
                     (C)  chronic dementia, whether caused by illness,
  brain defect, or brain injury;
                     (D)  dissociative identity disorder;
                     (E)  intermittent explosive disorder; or
                     (F)  antisocial personality disorder.
         (f)  Notwithstanding Subsection (d), a person who has
  previously been diagnosed as suffering from a psychiatric disorder
  or condition described by Subsection (d) or listed in Subsection
  (e) is not because of that disorder or condition incapable of
  exercising sound judgment with respect to the proper use and
  storage of a handgun if the person provides the department with a
  certificate from a licensed physician whose primary practice is in
  the field of psychiatry stating that the psychiatric disorder or
  condition is in remission and is not reasonably likely to develop at
  a future time.
         (g)  An individual's eligibility under this section is not
  affected by a relationship or lack of relationship between the
  nature of a criminal charge or conviction and the regulated
  occupation.
         SECTION 10.  Section 1702.221, Occupations Code, is amended
  to read as follows:
         Sec. 1702.221.  REGISTRATION REQUIRED.  (a) An individual
  must register in accordance with the requirements of this chapter
  and related administrative rules [with the commission as provided
  by commission rule] if the individual:
               (1)  is employed as an alarm systems installer, alarm
  systems monitor, electronic access control device installer,
  locksmith, dog trainer, manager or branch office manager,
  noncommissioned security officer, private investigator, private
  security consultant, or security salesperson; or
               (2)  is an owner, officer, partner, or shareholder of a
  license holder.
         (b)  Registration under this chapter does not preclude an
  individual from performing additional duties or services
  authorized by the individual's employer that are not regulated by
  this chapter.
         SECTION 11.  Section 1702.226, Occupations Code, is
  transferred to Subchapter F, Chapter 1702, Occupations Code,
  redesignated as Section 1702.1045, and amended to read as follows:
         Sec. 1702.1045 [1702.226].  PRIVATE SECURITY CONSULTING
  COMPANY [CONSULTANT].  A person [An individual] acts as a private
  security consulting company [consultant] for purposes of this
  chapter if the person [individual]:
               (1)  consults, advises, trains, or specifies or
  recommends products, services, methods, or procedures in the
  security or loss prevention industry;
               (2)  provides a service described by Subdivision (1) on
  an independent basis and without being affiliated with a particular
  service or product; and
               (3)  meets the experience requirements established by
  the board [commission].
         SECTION 12.  Section 1702.229, Occupations Code, is amended
  to read as follows:
         Sec. 1702.229.  QUALIFICATIONS FOR REGISTRATION.  (a)  An
  applicant for registration [individual] must meet the
  qualifications required under Section 1702.113 for a license
  applicant [be at least 18 years of age to be registered].
         (b)  In accordance with the requirements of Section
  1702.0611, the board [The commission] by rule may adopt additional
  qualifications for an individual to be registered under this
  subchapter.
         SECTION 13.  Section 1702.282, Occupations Code, is amended
  by amending Subsections (b) and (c) and adding Subsection (e) to
  read as follows:
         (b)  Before beginning employment as a commissioned security
  officer, the applicant must be approved by the board [commission]
  based on the results of the check under Subsection (a).  To continue
  employment in a capacity regulated under this chapter other than as
  a commissioned security officer, the applicant must be approved by
  the board [commission] based on the results of the check under
  Subsection (a) not later than the 120th day after the date the
  applicant begins employment in that capacity.
         (c)  A license, registration, security officer commission,
  letter of approval, permit, or certification issued by the board
  [commission] is conditional on the board's [commission's] receipt
  of criminal history record information.
         (e)  On receipt of notice that a check of the applicant's
  criminal record has uncovered an unresolved and potentially
  disqualifying arrest that occurred before the 10th anniversary of
  the date the application is filed, the applicant must provide a
  letter of reference from the county sheriff, prosecuting attorney,
  or judge of the county in which the applicant was arrested stating
  that a record of a disposition related to the arrest does not exist,
  and to the best of the county sheriff's, prosecuting attorney's, or
  judge's knowledge the applicant is free of any disqualifying
  convictions. If the applicant fails to provide either the letter of
  reference or documentary proof of the final disposition of the
  arrest, the application is considered incomplete and the applicant
  may not be issued a license, commission, or certificate of
  registration under this chapter.
         SECTION 14.  Section 1702.284, Occupations Code, is amended
  to read as follows:
         Sec. 1702.284.  ALARM SYSTEMS RECORDS CONFIDENTIAL.  
  Information contained in alarm systems records maintained by a
  governmental body that concerns the location of an alarm system,
  the name of the occupant of an alarm system location, or the type of
  alarm system used is confidential and may be disclosed only to the
  board, to the alarm company to which the confidential records
  relate, [commission] or as otherwise required by state law or court
  order.
         SECTION 15.  Sections 1702.323(c) and (d), Occupations Code,
  are amended to read as follows:
         (c)  The security department of a private business may not
  hire or employ an individual to perform a duty described by Section
  1702.222 if the individual has been convicted of a crime that would
  otherwise preclude the individual from being registered under this
  chapter. Although the security department of a private business
  that hires or employs an individual as a private security officer to
  possess a firearm in the course and scope of the individual's duties
  is required to apply for a security officer commission for the
  individual under this chapter, the security department of a private
  business is not required to apply to the board [commission] for any
  license under this chapter.
         (d)  This chapter applies to an individual described by
  Subsection (a) who in the course of employment:
               (1)  comes into contact with the public;
               (2)  wears:
                     (A)  a uniform [with any type of badge] commonly
  associated with security personnel or law enforcement;
                     (B)  any type of badge commonly associated with
  security personnel or law enforcement; or
                     (C)  a patch or apparel containing the word [with]
  "security" or a substantially similar word that is intended to or is
  likely to create the impression that the individual is performing
  security services [on the patch or apparel]; and
               (3)  performs a duty described by Section 1702.108 or
  1702.222.
         SECTION 16.  Section 1702.324, Occupations Code, as amended
  by Chapters 518, 728, 1102, and 1155, Acts of the 79th Legislature,
  Regular Session, 2005, is amended by reenacting and amending
  Subsection (b) and adding Subsection (c) to read as follows:
         (b)  This chapter does not apply to:
               (1)  a manufacturer or a manufacturer's authorized
  distributor while selling [who sells] equipment intended for resale
  [and does not perform any other service that requires a license
  under this chapter];
               (2)  a person engaged exclusively in the business of
  obtaining and providing information to:
                     (A)  determine creditworthiness;
                     (B)  collect debts; or
                     (C)  ascertain the reliability of information
  provided by an applicant for property, life, or disability
  insurance or an indemnity or surety bond;
               (3)  a person engaged exclusively in the business of
  repossessing property that is secured by a mortgage or other
  security interest;
               (4)  a person who[:
                     [(A)]  is engaged in the business of psychological
  testing or other testing and interviewing services, including
  services to determine attitudes, honesty, intelligence,
  personality, and skills, for preemployment purposes[; and
                     [(B)     does not perform any other service that
  requires a license under this chapter];
               (5)  a person who:
                     (A)  is engaged in obtaining information that is a
  public record under Chapter 552, Government Code, regardless of
  whether the person receives compensation;
                     (B)  is not a full-time employee, as defined by
  Section 61.001, Labor Code, of a person licensed under this
  chapter; and
                     (C)  does not perform any other act that requires
  a license under this chapter;
               (6)  a licensed engineer practicing engineering or
  directly supervising engineering practice under Chapter 1001,
  including forensic analysis, burglar alarm system engineering, and
  necessary data collection;
               (7)  an employee of a cattle association who inspects
  livestock brands under the authority granted to the cattle
  association by the Grain Inspection, Packers and Stockyards
  Administration of the United States Department of Agriculture;
               (8)  a landman performing activities in the course and
  scope of the landman's business;
               (9)  an attorney while engaged in the practice of law;
               (10)  a person who obtains a document for use in
  litigation under an authorization or subpoena issued for a written
  or oral deposition;
               (11)  an admitted insurer, insurance adjuster, agent,
  or insurance broker licensed by the state, performing duties in
  connection with insurance transacted by that person;
               (12)  a person who on the person's own property or on
  property owned or managed by the person's employer:
                     (A)  installs, changes, or repairs a mechanical
  security device;
                     (B)  repairs an electronic security device; or
                     (C)  cuts or makes a key for a security device;
               (13)  security personnel, including security contract
  personnel, working at a commercial nuclear power plant licensed by
  the United States Nuclear Regulatory Commission;
               (14)  a person or firm licensed as an accountant or
  accounting firm under Chapter 901, an owner of an accounting firm,
  or an employee of an accountant or accounting firm while performing
  services regulated under Chapter 901; or
               (15)  a retailer, wholesaler, or other person who sells
  mechanical security devices, including locks and deadbolts, but who
  does not:
                     (A)  service mechanical security devices for the
  public outside of the person's premises; or
                     (B)  claim to act as a locksmith.
         (c)  The exemptions provided by Subsection (b) apply only to
  a person described in that subsection while the person is
  performing services directly related to and dependent on the
  provision of the exempted service that does not otherwise require
  licensing under this chapter.  The exemptions do not apply to
  activities or services that are independent of the service or
  profession that is the basis for the exemption.
         SECTION 17.  Section 1702.361, Occupations Code, is amended
  to read as follows:
         Sec. 1702.361.  DENIAL AND DISCIPLINARY ACTIONS [POWERS OF
  COMMISSION]; GROUNDS.  (a)  Subject to the board's final order under
  the hearing provisions of this subchapter [Except as provided by
  Section 1702.3615], the department [commission], for conduct
  described by Subsection (b), may:
               (1)  deny an application or revoke, suspend, or refuse
  to renew a license, registration, or security officer commission;
               (2)  reprimand a license holder, registrant, or
  commissioned security officer; or
               (3)  place on probation a person whose license,
  registration, or security officer commission has been suspended.
         (b)  The department [commission] shall take disciplinary
  action described by Subsection (a) on proof:
               (1)  that the applicant, license holder, registrant, or
  commissioned security officer has:
                     (A)  violated this chapter or a [commission] rule
  adopted under this chapter;
                     (B)  become ineligible for licensure or
  registration under Section 1702.113, or a commission under Section
  1702.163, if applicable, other than an action for which the
  department has taken summary action under Section 1702.364 [been
  convicted of a Class B misdemeanor or equivalent offense if the
  fifth anniversary of the date of the conviction has occurred];
                     (C)  engaged in fraud, deceit, or
  misrepresentation; [or]
                     (D)  made a material misstatement in an
  application for or renewal of a license, registration, or
  commission; or
                     (E)  failed to pay in full an administrative
  penalty assessed under Subchapter Q, for which the board has issued
  a final order; or
               (2)  that the license holder of a registrant or
  commissioned security officer has submitted to the department
  [commission] sufficient evidence that the registrant or
  commissioned security officer:
                     (A)  engaged in fraud or deceit while employed by
  the license holder; or
                     (B)  committed theft while performing work as a
  registrant or commissioned security officer.
         (c)  The department [commission] may place on probation a
  person whose license is suspended. If a person's suspension of a
  license is probated, the department [commission] may require the
  person:
               (1)  to report regularly to the department [commission]
  on matters that are the basis of the suspension;
               (2)  to limit practice to the areas prescribed by the
  department [commission]; or
               (3)  to continue or review professional education until
  the person attains a degree of skill satisfactory to the department
  [commission] in those areas that are the basis of the probation.
         SECTION 18.  Section 1702.3615, Occupations Code, is amended
  to read as follows:
         Sec. 1702.3615.  DIRECT APPEAL IN LIMITED CASES [REVOCATION
  OR REFUSAL FOR CERTAIN OFFENSES].  (a)  [Except for an application
  approved by the commission under Subsection (b), the commission
  shall revoke or refuse to renew a registration, license, or
  security officer commission if the applicant, license holder,
  registrant, or commissioned security officer has been convicted of
  a:
               [(1)     Class A misdemeanor or equivalent offense or a
  greater offense; or
               [(2)     Class B misdemeanor or equivalent offense if the
  fifth anniversary of the date of conviction has not occurred.
         [(b)]  An applicant may appeal directly to the board
  [commission] the denial of a license, registration, or security
  officer commission application if:
               (1)  the sole basis of the denial is the applicant's
  status as a registered sex offender [a conviction for a Class A
  misdemeanor or equivalent or a greater offense];
               (2)  the applicant's status as a sex offender is not
  based on a criminal conviction that would make the applicant
  ineligible under Section 1702.113 or 1702.163 [20th anniversary of
  the conviction has occurred]; and
               (3)  the applicant waives the applicant's right to a
  hearing before the State Office of Administrative Hearings.
         (b) [(c)]  A proceeding under Subsection (a) [(b)] is
  governed by Chapter 2001, Government Code. A hearing must be held
  at a regular meeting of the board [commission].
         (c)  In a proceeding held as provided by Subsection (a) [(d)  
  Notwithstanding any other provision of this chapter], the board
  [commission] may approve the application if the board determines
  the circumstances surrounding the applicant's registration as a sex
  offender warrant approval based on factors previously established
  by rule.
         SECTION 19.  Section 1702.364, Occupations Code, is amended
  to read as follows:
         Sec. 1702.364.  SUMMARY ACTIONS [SUSPENSION].  (a)  On
  receiving written notice from a [the Texas Department of Public
  Safety or another] law enforcement agency that a person [an
  individual] has been [arrested for or] charged with or convicted of
  an offense that would make the person ineligible for a license,
  certificate of registration, or security officer commission under
  Section 1702.113 or 1702.163 [a Class B misdemeanor or equivalent
  offense or a greater offense], the department shall [commission
  may]:
               (1)  summarily deny the person's [individual's]
  application for a license, registration, or security officer
  commission; [or]
               (2)  in the event of pending charges, summarily suspend
  the person's [individual's] license, certificate of registration,
  or security officer commission; or
               (3)  in the event of a conviction, summarily revoke the
  person's license, certificate of registration, or security officer
  commission.
         (b)  To initiate a proceeding to take action under Subsection
  (a), the department [commission] must serve notice to the person
  [individual]. The notice must:
               (1)  inform the person [individual] of the right to a
  preliminary hearing before the department [commission];
               (2)  state the basis [alleged violations that
  constitute grounds] for the summary action [suspension]; and
               (3)  be personally served on the person or the person's
  authorized representative, [individual] or sent to the person
  [individual] by certified or registered mail, return receipt
  requested, to the person's [individual's] mailing address as it
  appears in the department's [commission's] records.
         (c)  The action [suspension] is effective at the time notice
  is served. The [If notice is served in] person[, the individual]
  shall immediately surrender to the department any certificate of
  [commission the] registration, security officer commission, pocket
  card, or other form of identification issued by the department
  [commission. If the notice is served by mail, the individual shall
  immediately return to the commission the registration, commission,
  pocket card, or other identification issued by the commission].
         (d)  At a preliminary hearing, the person [individual] must
  show cause why[, pending final hearing on the suspension or
  denial]:
               (1)  the application should not have been [remain]
  denied; [or]
               (2)  the registration, license, or security officer 
  commission should not have been [remain] suspended; or
               (3)  the registration, license, or commission should
  not have been revoked.
         (e)  [A final hearing may be scheduled at a time after the
  final disposition of the charges resulting in the summary
  suspension or summary denial.
         [(f)]  Chapter 2001, Government Code, does not apply to the
  department's initial action under this section or to a preliminary
  hearing [proceeding] before the department [commission] under this
  section [except for a final administrative hearing].
         (f) [(g)]  The dismissal of a complaint, information, or
  indictment or an acquittal releases the person [individual] from
  automatic grounds for a summary denial of an application or summary
  suspension of a registration or security officer commission under
  this section. A conviction for the offense giving rise to a summary
  suspension is automatic grounds for immediate, summary revocation.
         (g)  The results of the preliminary hearing may be appealed
  by requesting, in writing, a hearing before an administrative law
  judge of the State Office of Administrative Hearings. On receipt of
  the request, the department shall set a hearing and give written
  notice of the hearing to the person.
         (h)  The administrative law judge shall make findings of fact
  and conclusions of law regarding the person's eligibility for a
  license under this section and promptly issue to the board a
  proposal for a decision.
         (i)  At its earliest possible quarterly meeting, the board
  shall consider the proposal for decision and promptly issue a final
  order.
         (j)  An individual's eligibility under this section is not
  affected by any relationship or lack of relationship between the
  nature of the criminal charges or conviction and the regulated
  occupation.
         SECTION 20.  Section 1702.371, Occupations Code, is amended
  to read as follows:
         Sec. 1702.371.  CONVICTION OF CERTAIN CRIMES.  For purposes
  of this chapter [In this subchapter], a person is considered to be
  convicted of an offense [that is a Class B misdemeanor or greater
  offense, or an equivalent offense,] if a court enters a judgment
  against the person for committing an [a Class B misdemeanor or
  greater offense, or an equivalent] offense[,] under the laws of
  this state, another state, or the United States, including a
  conviction:
               (1)  in which a person is placed on and subsequently
  discharged from community supervision; [and]
               (2)  that has been set aside or dismissed following the
  completion of probation; or
               (3)  for which a person is pardoned, unless the [a full]
  pardon was [has been] granted for reasons relating to a wrongful
  conviction.
         SECTION 21.  Section 1702.381, Occupations Code, is amended
  to read as follows:
         Sec. 1702.381.  CIVIL PENALTY.  (a)  A person who is not
  licensed under this chapter, who does not have a license
  application pending, and who violates this chapter may be assessed
  a civil penalty to be paid to the state not to exceed $10,000
  [$1,000] for each violation.
         (b)  A person who contracts with or employs a person who is
  required to hold a license, certificate of registration, or
  security officer commission under this chapter knowing that the
  person does not hold the required license, certificate, or
  commission or who otherwise, at the time of contract or employment,
  is in violation of this chapter may be assessed a civil penalty to
  be paid to the state in an amount not to exceed $10,000 for each
  violation.
         (c)  A [The commission must give a person 30 days' notice of
  the requirement to obtain a license before the] civil penalty under
  this section may be assessed against a person on proof that the
  person has received at least 30 days' notice of the requirements of
  this section.
         SECTION 22.  Section 1702.382, Occupations Code, is amended
  to read as follows:
         Sec. 1702.382.  INJUNCTION.  (a)  An attorney for the
  department, the attorney general's office, or any criminal
  prosecutor in this state [The commission] may institute an action
  [in the name of the commission] against a person to enjoin a
  violation by the person of this chapter or an administrative [a
  commission] rule.
         (b)  An injunction action instituted under this section does
  [The commission is] not require an allegation or proof [required to
  allege or prove] that an adequate remedy at law does not exist or
  that substantial or irreparable damage would result from the
  continued violation to sustain an action under this section. A bond
  is not required for an injunction action instituted under this
  section.
         SECTION 23.  Section 1702.383, Occupations Code, is amended
  to read as follows:
         Sec. 1702.383.  ACTION FOR CIVIL PENALTY OR INJUNCTION.  If a
  person has violated a provision of this chapter for which a penalty
  is imposed under Section 1702.381, an attorney for the department,
  the attorney general's office, or any criminal prosecutor in this
  state [the commission] may institute a civil suit in a Travis County
  district court or in a district court in the county in which the
  violation occurred for injunctive relief under Section 1702.382 or
  for assessment and recovery of the civil penalty.
         SECTION 24.  Section 1702.401, Occupations Code, is amended
  to read as follows:
         Sec. 1702.401.  IMPOSITION OF PENALTY.  In addition to any
  other disciplinary action taken by the department, and subject to
  the board's final order in a hearing under this subchapter
  [commission], the department [commission] may impose an
  administrative penalty on a person licensed, commissioned, or
  registered under this chapter who violates this chapter or a rule or
  order adopted under this chapter.
         SECTION 25.  Section 1702.402(a), Occupations Code, is
  amended to read as follows:
         (a)  Each day a violation continues or occurs is a separate
  violation for purposes of imposing a penalty. The amount of each
  separate violation may not exceed $500 [$200].
         SECTION 26.  Section 1702.403, Occupations Code, is amended
  to read as follows:
         Sec. 1702.403.  [REPORT AND] NOTICE OF VIOLATION AND
  PENALTY.  (a)  If the department [director] determines that a
  violation has occurred, the department [director may issue to the
  commission a report stating:
               [(1)     the facts on which the determination is based;
  and
               [(2)     the director's recommendation on the imposition
  of the penalty, including a recommendation on the amount of the
  penalty.
         [(b)     Not later than the 14th day after the date the report is
  issued, the director] shall give written notice [of the report] to
  the person.
         (b) [(c)]  The notice must:
               (1)  include a brief summary of the alleged violation;
               (2)  state the amount of the recommended penalty; and
               (3)  inform the person of the person's right to a
  hearing on the occurrence of the violation, the amount of the
  penalty, or both.
         SECTION 27.  Section 1702.404, Occupations Code, is amended
  to read as follows:
         Sec. 1702.404.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  
  Not later than the 20th day after the date the person receives the
  notice, the person in writing may:
               (1)  accept the determination and recommended penalty
  [of the director]; or
               (2)  make a request for a hearing on the occurrence of
  the violation, the amount of the penalty, or both.
         (b)  If the person accepts the determination and recommended
  penalty, [of the director, the commission by order shall approve]
  the person shall pay the [determination and impose the recommended
  penalty in a timely manner.
         (c)  The department may initiate suspension proceedings
  under Section 1702.361 against a person who, before the 21st day
  after the day the person receives the notice, either:
               (1)  accepts the penalty but fails to pay; or
               (2)  fails to respond to the notice.
         SECTION 28.  Section 1702.405, Occupations Code, is amended
  to read as follows:
         Sec. 1702.405.  HEARING.  (a)  If the person requests a
  hearing [or fails to respond in a timely manner to the notice], the
  department [director] shall set a hearing and give written notice
  of the hearing to the person. An administrative law judge of the
  State Office of Administrative Hearings shall hold the hearing.
         (b)  The administrative law judge shall make findings of fact
  and conclusions of law and promptly issue to the board [commission]
  a proposal for a decision about the occurrence of the violation and
  the amount of a proposed penalty.
         SECTION 29.  Section 1702.406, Occupations Code, is amended
  to read as follows:
         Sec. 1702.406.  DECISION BY BOARD [COMMISSION].  (a)  Based
  on the findings of fact, conclusions of law, and proposal for a
  decision, the board [commission] by order may:
               (1)  find that a violation occurred and impose a
  penalty; or
               (2)  find that a violation did not occur.
         (b)  The notice of the board's [commission's] order given to
  the person must include a statement of the right of the person to
  judicial review of the order.
         (c)  If the person does not file a petition in the
  appropriate civil court for judicial review of the board's order
  not later than the 30th day after the date of the order, the board's
  order is final for purposes of Section 1702.361.
         SECTION 30.  Sections 1702.2225, 1702.407, 1702.408,
  1702.409, 1702.410, 1702.411, and 1702.412, Occupations Code, are
  repealed.
         SECTION 31.  The Texas Private Security Board shall adopt
  the rules and procedures necessary to implement the changes in law
  made by this Act to Chapter 1702, Occupations Code, not later than
  December 1, 2007.
         SECTION 32.  (a)  The changes in law made by this Act to
  Chapter 1702, Occupations Code, apply only to an application for a
  license, commission, or certificate of registration submitted on or
  after January 1, 2008.
         (b)  To the extent of any conflict, this Act prevails over
  another Act of the 80th Legislature, Regular Session, 2007,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 33.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2833 was passed by the House on May 2,
  2007, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2833 on May 25, 2007, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2833 on May 28, 2007, by the following vote:  Yeas 143,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2833 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 29, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2833 on May 27, 2007, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor