BILL ANALYSIS

H.B. 2430

By: Goldman

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that when guard companies in Texas have uniforms and vehicles that look very similar to the uniforms and vehicles used by local police departments, it can create confusion among citizens and law enforcement. H.B. 2430 seeks to require approval for an insignia or design on a guard company uniform or motor vehicle.

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 rulemaking authority is expressly granted to the Texas Private Security Board in SECTION 1 of this bill.

ANALYSIS

H.B. 2430 amends the Occupations Code to prohibit a person who holds a security services contractor license and who acts as, offers to provide the services of, or engages in the business of a guard company from using an insignia or design on a uniform or motor vehicle that will be used by the person or the person's officer, director, partner, manager, or employee while performing duties as a guard company under the Private Security Act unless the person submits the insignia or design to the Department of Public Safety (DPS) and obtains DPS approval to use the insignia or design on the uniform or motor vehicle. The bill requires the Texas Private Security Board by rule to prescribe procedures for the submission and approval of such an insignia or design and authorizes those rules to require that the person submit a proposed insignia or design that the person intends to use in such a manner for DPS approval as a part of the person's application for a license under the Private Security Act. The bill prohibits the board from renewing the license of a person who violates the bill's provisions or a rule adopted under those provisions. The bill's provisions relating to the requirements for use of an insignia or design by a guard company take effect September 1, 2018. The bill requires the board to adopt rules to implement the bill's provisions not later than March 31, 2018.

EFFECTIVE DATE

Except as otherwise provided, September 1, 2017.