85R941 SRS-F

By: Villalba H.B. No. 659

A BILL TO BE ENTITLED

AN ACT

relating to the employment of a commissioned security officer by a religious organization.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1702.002, Occupations Code, is amended by amending Subdivisions (11) and (20-a) and adding Subdivision (20-b) to read as follows:

(11) "Letter of authority" means a permit issued by the board that entitles the security department of a private business, a religious organization, or a political subdivision to employ a commissioned security officer.

(20-a) "Religious organization" means an organization that meets the standards for qualification under Section 11.20, Tax Code.

(20-b) "Security officer" means a person who performs the activities described by Section 1702.222.

SECTION 2. Section 1702.181, Occupations Code, is amended to read as follows:

Sec. 1702.181. LETTER OF AUTHORITY REQUIRED. The security department of a private business, a religious organization, or a political subdivision may not employ a commissioned security officer unless the security department holds a letter of authority.

SECTION 3. Section 1702.182, Occupations Code, is amended to read as follows:

Sec. 1702.182. SECURITY DEPARTMENT OF PRIVATE BUSINESS OR RELIGIOUS ORGANIZATION. (a) A security department acts as the security department of a private business or religious organization if it:

(1) has as its general purpose the protection and security of its own property and grounds; and

(2) does not offer or provide security services to another person.

(b) For purposes of this subchapter, a hospital licensed under Chapter 241 or 577, Health and Safety Code, may provide security services to:

(1) buildings, grounds, and tenants located on the hospital's property or campus, regardless of who owns the building; and

(2) a parent entity or member entity of the hospital or hospital corporation, or an affiliated entity or business with whom the hospital shares common ownership or control.

(c) For purposes of this subchapter, a religious organization may provide security services only to:

(1) a facility used by the organization primarily as a place of regular religious worship;

(2) the tract of land on which a facility described by Subdivision (1) is located;

(3) a tract of land contiguous with a tract described by Subdivision (2) or divided from that tract only by a road, railroad track, river, or stream; or

(4) a facility located on a tract described by Subdivision (2) or (3).

SECTION 4. Section 1702.183, Occupations Code, is amended to read as follows:

Sec. 1702.183. APPLICATION FOR LETTER OF AUTHORITY. A security department of a private business, of a religious organization, or of a political subdivision that applies for a security officer commission for an individual employed by the security department must submit an application to the board for a letter of authority on a form provided by the board.

SECTION 5. Section 1702.184, Occupations Code, is amended to read as follows:

Sec. 1702.184. LOCAL REGULATION OF CERTAIN SECURITY SERVICES FOR PRIVATE BUSINESSES OR RELIGIOUS ORGANIZATIONS. (a) Except as provided by Subsection (b), a political subdivision of this state may not require a private business or religious organization to contract with or employ a peace officer to provide security services for the private business or religious organization.

(b) This section does not apply to:

(1) a requirement that a private business or religious organization contract with or employ a peace officer to:

(A) provide security services for a public event;

(B) provide security services for a private event held at a public facility that is owned or leased by a political subdivision of this state;

(C) conduct a public escort; or

(D) direct traffic on a public roadway; or

(2) an order or determination made by a court under Chapter 125, Civil Practice and Remedies Code.

SECTION 6. This Act takes effect September 1, 2017.