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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of certain private security services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1702.102(a), Occupations Code, is |
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amended to read as follows: |
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(a) Unless the person holds a license as a security services |
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contractor, a person may not: |
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(1) act as an alarm systems company, armored car |
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company, courier company, or guard company[, or guard dog company]; |
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(2) offer to perform the services of a company in |
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Subdivision (1); or |
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(3) engage in business activity for which a license is |
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required under this chapter. |
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SECTION 2. Section 1702.1056, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) A locksmith company must register as required under |
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Section 1702.2225, but is not required to obtain a license under |
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this chapter. |
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SECTION 3. Section 1702.109, Occupations Code, is amended |
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to read as follows: |
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Sec. 1702.109. GUARD DOG COMPANY. (a) A person acts as a |
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guard dog company for the purposes of this chapter if the person |
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places, rents, sells, or trains a dog used to: |
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(1) protect an individual or property; or |
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(2) conduct an investigation. |
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(b) A guard dog company must register as required under |
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Section 1702.2223, but is not required to obtain a license under |
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this chapter. |
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SECTION 4. Section 1702.116, Occupations Code, is |
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transferred to Subchapter J, redesignated as Section 1702.2223, and |
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amended to read as follows: |
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Sec. 1702.2223 [1702.116]. [QUALIFICATIONS FOR] GUARD DOG |
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COMPANY: REGISTRATION AND QUALIFICATIONS [LICENSE]; INSPECTIONS. |
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(a) Unless the person is registered as a guard dog company, a |
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person may not: |
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(1) act as a guard dog company; |
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(2) offer to perform the services of a guard dog |
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company; or |
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(3) engage in business activity for which registration |
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is required under this chapter. |
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(b) An applicant for a certificate of registration |
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[license] to engage in the business of a guard dog company must: |
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(1) meet the requirements under [of] Sections 1702.113 |
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and 1702.115 for a license applicant; and |
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(2) present evidence satisfactory to the commission |
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that the applicant will comply with the rules adopted under this |
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section. |
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(c) [(b)] After consulting the [Texas] Department of State |
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Health Services, the commission shall adopt rules to ensure that |
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the areas in which a guard dog company houses, exercises, or trains |
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its animals are securely enclosed by a six-foot chain-link fence or |
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made equally secure. |
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(d) [(c)] The commission shall conduct regular inspections |
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to ensure compliance with the rules adopted under this section. |
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SECTION 5. Section 1702.3615, Occupations Code, is amended |
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by adding Subsections (a-1) and (b-1) to read as follows: |
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(a-1) The commission may revoke or refuse to grant or renew |
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a registration if the applicant or registrant has been convicted |
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of: |
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(1) a Class A misdemeanor or equivalent offense or a |
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greater offense that directly relates to the duties and |
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responsibilities of the registered occupation; or |
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(2) a Class B misdemeanor or equivalent offense that |
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directly relates to the duties and responsibilities of the |
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registered occupation if the fifth anniversary of the date of the |
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conviction has not occurred. |
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(b-1) Notwithstanding any provision of this chapter, the |
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commission's determination to revoke or refuse to grant or renew a |
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registration, license, or security officer commission on the basis |
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of a criminal conviction must be made in accordance with Chapter 53. |
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SECTION 6. Not later than December 1, 2007, the Texas |
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Commission on Private Security shall adopt the rules necessary to |
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implement the changes in law made by this Act to Chapter 1702, |
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Occupations Code. |
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SECTION 7. (a) The changes in law made by this Act to |
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Chapter 1702, Occupations Code, apply only to an application for |
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issuance of an initial or renewal certificate of registration |
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submitted on or after the effective date of this Act. |
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(b) A person that holds a license as a guard dog company on |
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the effective date of this Act is not required to obtain a |
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certificate of registration as a guard dog company until the |
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person's license expires. |
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SECTION 8. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2007. |
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(b) Sections 1702.2223 and 1702.3615, Occupations Code, as |
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amended by this Act, take effect January 1, 2008. |