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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from private security regulation for |
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social workers engaged in the practice of social work. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1702.324(b), Occupations Code, is |
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amended to read as follows: |
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(b) This chapter does not apply to: |
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(1) a manufacturer or a manufacturer's authorized |
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distributor while selling equipment intended for resale; |
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(2) a person engaged exclusively in the business of |
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obtaining and providing information to: |
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(A) determine creditworthiness; |
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(B) collect debts; or |
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(C) ascertain the reliability of information |
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provided by an applicant for property, life, or disability |
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insurance or an indemnity or surety bond; |
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(3) a person engaged exclusively in the business of |
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repossessing property that is secured by a mortgage or other |
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security interest; |
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(4) a person who is engaged in the business of |
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psychological testing or other testing and interviewing services, |
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including services to determine attitudes, honesty, intelligence, |
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personality, and skills, for preemployment purposes; |
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(5) a person who: |
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(A) is engaged in obtaining information that is a |
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public record under Chapter 552, Government Code, regardless of |
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whether the person receives compensation; |
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(B) is not a full-time employee, as defined by |
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Section 61.001, Labor Code, of a person licensed under this |
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chapter; and |
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(C) does not perform any other act that requires |
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a license under this chapter; |
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(6) a licensed engineer practicing engineering or |
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directly supervising engineering practice under Chapter 1001, |
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including forensic analysis, burglar alarm system engineering, and |
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necessary data collection; |
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(7) an employee of a cattle association who inspects |
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livestock brands under the authority granted to the cattle |
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association by the Grain Inspection, Packers and Stockyards |
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Administration of the United States Department of Agriculture; |
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(8) a landman performing activities in the course and |
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scope of the landman's business; |
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(9) an attorney while engaged in the practice of law; |
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(10) a person who obtains a document for use in |
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litigation under an authorization or subpoena issued for a written |
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or oral deposition; |
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(11) an admitted insurer, insurance adjuster, agent, |
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or insurance broker licensed by the state, performing duties in |
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connection with insurance transacted by that person; |
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(12) a person who on the person's own property or on |
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property owned or managed by the person's employer: |
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(A) installs, changes, or repairs a mechanical |
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security device; |
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(B) repairs an electronic security device; or |
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(C) cuts or makes a key for a security device; |
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(13) security personnel, including security contract |
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personnel, working at a commercial nuclear power plant licensed by |
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the United States Nuclear Regulatory Commission; |
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(14) a person or firm licensed as an accountant or |
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accounting firm under Chapter 901, an owner of an accounting firm, |
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or an employee of an accountant or accounting firm while performing |
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services regulated under Chapter 901; |
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(15) a retailer, wholesaler, or other person who sells |
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mechanical security devices, including locks and deadbolts, but who |
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does not: |
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(A) service mechanical security devices for the |
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public outside of the person's premises; or |
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(B) claim to act as a locksmith; [or] |
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(16) an employee while performing investigative |
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services that would otherwise be subject to this chapter for an |
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entity regulated by the: |
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(A) Texas Department of Insurance; |
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(B) Office of Thrift Supervision; |
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(C) Securities and Exchange Commission; |
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(D) Federal Deposit Insurance Corporation; or |
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(E) [National Association of Securities Dealers;
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or
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[(F)] Financial Industry Regulatory Authority; |
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or |
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(17) a social worker who holds a license issued under |
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Chapter 505 who is engaged in the practice of social work. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |