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BILL ANALYSIS

 

 

 

C.S.H.B. 2018

By: Schaefer

Homeland Security & Public Safety

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties assert that with more than one-third of the Texas workforce being required to obtain an occupational license from the state, many workers and small businesses face significant barriers to being able to work. The existence of these barriers has prompted Governor Abbott to call for occupational licensing reforms. One of the governor's recommendations is to remove the licensing requirement for guard dog trainers. C.S.H.B. 2018 seeks to implement this recommendation.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 2018 amends the Occupations Code to remove the act of training a dog used to protect an individual or property or conduct an investigation from the acts for which a person is considered to be acting as a guard dog company for purposes of the Private Security Act.  The bill removes a dog trainer from the list of employment types that require an endorsement in accordance with the requirements of the Private Security Act and related administrative rules. The bill specifies that an endorsement as a dog trainer issued under the Private Security Act expires on the bill's effective date. 

 

C.S.H.B. 2018 repeals Section 1702.225 of the Occupations Code.

 

EFFECTIVE DATE

 

September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2018 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

No equivalent provision.

 

SECTION 1.  Section 1702.109, Occupations Code, is amended to read as follows:

Sec. 1702.109.  GUARD DOG COMPANY.  A person acts as a guard dog company for the purposes of this chapter if the person places, rents, or sells [, or trains] a dog used to:

(1)  protect an individual or property; or

(2)  conduct an investigation.

SECTION 1.  Section 1702.221(b), Occupations Code, is amended.

SECTION 2. Same as introduced version.

 

SECTION 2.  Section 1702.283, Occupations Code, is amended.

SECTION 3. Same as introduced version.

 

SECTION 3.  Section 1702.301(d), Occupations Code, is amended.

SECTION 4. Same as introduced version.

 

SECTION 4.  Section 1702.225, Occupations Code, is repealed.

SECTION 5. Same as introduced version.

 

SECTION 5.  On the effective date of this Act, an endorsement as a dog trainer issued under Chapter 1702, Occupations Code, expires.

SECTION 6. Same as introduced version.

 

 

SECTION 6.  (a)  The change in law made by this Act does not affect the validity of a proceeding pending before a court or other governmental entity on the effective date of this Act.

(b)  An offense or other violation of law committed before the effective date of this Act is governed by the law in effect when the offense or violation was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense or violation was committed before the effective date of this Act if any element of the offense or violation occurred before that date.

SECTION 7. Same as introduced version.

 

 

SECTION 7.  This Act takes effect September 1, 2015.

 

SECTION 8. Same as introduced version.