82R7862 SLB-D
 
  By: Watson S.B. No. 1188
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an exemption from private security regulation for
  social workers engaged in the practice of social work.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1702.324(b), Occupations Code, is
  amended to read as follows:
         (b)  This chapter does not apply to:
               (1)  a manufacturer or a manufacturer's authorized
  distributor while selling equipment intended for resale;
               (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  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;
               (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;
               (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; [or]
               (16)  an employee while performing investigative
  services that would otherwise be subject to this chapter for an
  entity regulated by the:
                     (A)  Texas Department of Insurance;
                     (B)  Office of Thrift Supervision;
                     (C)  Securities and Exchange Commission;
                     (D)  Federal Deposit Insurance Corporation; or
                     (E)  [National Association of Securities Dealers;
  or
                     [(F)]  Financial Industry Regulatory Authority;
  or
               (17)  a social worker who holds a license issued under
  Chapter 505 who is engaged in the practice of social work.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.