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AN ACT
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relating to the continuation and functions of the Department of |
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Public Safety of the State of Texas, the conditional transfer of the |
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driver licensing program to the Texas Department of Motor Vehicles, |
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the abolition of the Texas Private Security Board, the transfer of |
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the motorcycle and off-highway vehicle operator training programs |
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to the Texas Department of Licensing and Regulation, and the |
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regulation of other programs administered by the Department of |
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Public Safety; imposing an administrative penalty; authorizing and |
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repealing the authorization for fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CONTINUATION OF DEPARTMENT OF PUBLIC SAFETY AND |
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MISCELLANEOUS ADMINISTRATIVE PROVISIONS |
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SECTION 1.001. Section 411.002(c), Government Code, is |
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amended to read as follows: |
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(c) The Department of Public Safety of the State of Texas is |
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subject to Chapter 325 (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, the department is abolished |
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and Subsections (a) and (b) expire September 1, 2031 [2019]. |
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SECTION 1.002. Section 411.0031, Government Code, is |
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amended by amending Subsection (b) and adding Subsection (d) to |
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read as follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing [legislation that created] the |
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department's operations [department and the commission]; |
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(2) the programs, functions, rules, and budget of |
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[operated by] the department; |
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(3) the scope of and limitations on the rulemaking |
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authority of the commission [role and functions of the department]; |
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(4) the results of the most recent formal audit |
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[rules] of the department[, with an emphasis on the rules that
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relate to disciplinary and investigatory authority]; |
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(5) [the current budget for the department;
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[(6)
the results of the most recent formal audit of the
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department;
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[(7)] the requirements of: |
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(A) laws relating to [the] open meetings, [law,
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Chapter 551;
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[(B) the] public information, [law, Chapter 552;
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[(C) the] administrative procedure, [law,
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Chapter 2001;] and disclosing conflicts of interest |
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[(D)
other laws relating to public officials,
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including conflict of interest laws]; and |
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(B) other laws applicable to members of the |
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commission in performing their duties; and |
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(6) [(8)] any applicable ethics policies adopted by |
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the department or the Texas Ethics Commission. |
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(d) The director shall create a training manual that |
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includes the information required by Subsection (b). The director |
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shall distribute a copy of the training manual annually to each |
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member of the commission. Each member of the commission shall sign |
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and submit to the director a statement acknowledging that the |
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member received and has reviewed the training manual. |
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SECTION 1.003. Subchapter A, Chapter 411, Government Code, |
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is amended by adding Section 411.0045 to read as follows: |
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Sec. 411.0045. PHYSICAL FITNESS PROGRAMS. The commission |
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shall adopt: |
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(1) physical fitness programs in accordance with |
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Section 614.172; and |
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(2) a resolution certifying that the programs adopted |
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under Subdivision (1) are consistent with generally accepted |
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scientific standards and meet all applicable requirements of state |
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and federal labor and employment law. |
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SECTION 1.004. Article 59.11, Code of Criminal Procedure, |
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is repealed. |
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SECTION 1.005. The Department of Public Safety shall: |
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(1) develop and implement best practices for the |
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collection, protection, and sharing of personal information held by |
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the department; and |
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(2) not later than September 1, 2020, submit to the |
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legislature a report regarding the department's development and |
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implementation of the best practices under Subdivision (1). |
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ARTICLE 2. BORDER SECURITY |
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SECTION 2.001. Subchapter D, Chapter 411, Government Code, |
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is amended by adding Section 411.055 to read as follows: |
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Sec. 411.055. ANNUAL REPORT ON BORDER CRIME AND OTHER |
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CRIMINAL ACTIVITY. (a) Not later than May 30 of each year, the |
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department shall submit to the legislature a report on border crime |
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and other criminal activity. The report must include: |
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(1) statistics for each month of the preceding |
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calendar year and yearly totals of all border crime, as defined by |
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Section 772.0071, and other criminal activity, including |
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transnational criminal activity, the department determines relates |
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to border security that occurred in each county included in a |
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department region that is adjacent to the Texas-Mexico border; and |
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(2) statewide crime statistics for the crimes reported |
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under Subdivision (1). |
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(b) In compiling the information for the report, the |
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department shall use information available in the National |
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Incident-Based Reporting System of the Uniform Crime Reporting |
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Program of the Federal Bureau of Investigation and the Texas |
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Incident-Based Reporting System of the department. |
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ARTICLE 3. METAL RECYCLING, VEHICLE INSPECTION, AND PROVISIONS |
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APPLYING TO MORE THAN ONE REGULATORY PROGRAM |
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SECTION 3.001. Section 411.0891, Government Code, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) Subject to Section 411.087, the department is |
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authorized to obtain and use criminal history record information |
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maintained by the Federal Bureau of Investigation or the department |
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that relates to a person who: |
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(1) is an applicant for or holds a registration issued |
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by the director under Subchapter C, Chapter 481, Health and Safety |
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Code, that authorizes the person to manufacture, distribute, |
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analyze, or conduct research with a controlled substance; |
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(2) is an applicant for or holds a registration issued |
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by the department under Chapter 487, Health and Safety Code, to be a |
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director, manager, or employee of a dispensing organization, as |
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defined by Section 487.001 [a chemical precursor transfer permit
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issued by the director under Section 481.078], Health and Safety |
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Code; |
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(3) is an applicant for or holds an authorization |
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issued by the department under Section 521.2476, Transportation |
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Code, to do business in this state as a vendor of ignition interlock |
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devices [a chemical laboratory apparatus transfer permit issued by
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the director under Section 481.081, Health and Safety Code]; |
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(4) is an applicant for or holds certification by the |
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department as an inspection station or an inspector under |
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Subchapter G, Chapter 548, Transportation Code, holds an inspection |
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station or inspector certificate issued under that subchapter, or |
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is the owner of an inspection station operating under that chapter; |
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or |
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(5) is an applicant for or holds a certificate of |
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registration issued by the department under Chapter 1956, |
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Occupations Code, to act as a metal recycling entity [approval or
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has been approved as a program sponsor by the department under
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Chapter 662, Transportation Code, is an applicant for certification
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by the department as an instructor under that chapter, or holds an
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instructor certificate issued under that chapter]. |
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(d) The department may require any person for whom the |
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department is authorized to obtain and use criminal history record |
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information maintained by the Federal Bureau of Investigation or |
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the department under Subsection (a) to submit a complete and |
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legible set of fingerprints to the department on a form prescribed |
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by the department for the purpose of obtaining criminal history |
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record information. |
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SECTION 3.002. Chapter 411, Government Code, is amended by |
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adding Subchapters Q and R to read as follows: |
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SUBCHAPTER Q. POWERS AND DUTIES RELATED TO CERTAIN REGULATORY |
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PROGRAMS |
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Sec. 411.501. DEFINITION. In this subchapter, "license" |
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means a license, certificate, registration, permit, or other form |
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of authorization required by law or a state agency rule that must be |
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obtained by a person to engage in a particular activity, business, |
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occupation, or profession. |
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Sec. 411.502. APPLICABILITY. This subchapter applies to a |
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program, and persons regulated under the program, administered by |
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the department under the following laws, including rules adopted |
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under those laws: |
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(1) Section 411.0625; |
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(2) Chapter 487, Health and Safety Code; |
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(3) Chapter 1702, Occupations Code; |
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(4) Chapter 1956, Occupations Code; |
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(5) Section 521.2476, Transportation Code; and |
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(6) Subchapter G, Chapter 548, Transportation Code. |
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Sec. 411.503. FINAL ENFORCEMENT AUTHORITY. (a) Except as |
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provided by Section 411.506(b), the commission shall make the final |
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determination in an administrative action against a person for a |
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violation of a law or rule governing a program or person subject to |
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this subchapter. |
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(b) The commission may not delegate the duty under |
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Subsection (a). |
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Sec. 411.504. COMPLAINTS. (a) The department shall |
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maintain a system to promptly and efficiently act on complaints |
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filed with the department regarding a violation of a law or rule |
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governing a program or person subject to this subchapter. The |
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department shall maintain information about parties to the |
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complaint, the subject matter of the complaint, a summary of the |
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results of the review or investigation of the complaint, and its |
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disposition. |
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(b) The department shall make information available |
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describing its procedures for complaint investigation and |
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resolution. |
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(c) The department shall periodically notify the complaint |
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parties of the status of the complaint until final disposition. |
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(d) On written request, the department shall inform the |
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person filing the complaint and each person who is a subject of the |
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complaint of the status of the investigation unless the information |
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would jeopardize an ongoing investigation. |
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(e) The commission shall adopt rules to: |
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(1) implement this section; and |
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(2) establish a procedure for the investigation and |
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resolution of complaints, including a procedure for documenting |
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complaints to the department from the time of the submission of the |
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initial complaint to the final disposition of the complaint. |
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Sec. 411.505. INVESTIGATIONS. The department may conduct |
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investigations as necessary to enforce a law or rule governing a |
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program or person subject to this subchapter. |
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Sec. 411.506. INFORMAL COMPLAINT RESOLUTION AND INFORMAL |
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PROCEEDINGS. (a) The commission by rule shall establish |
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procedures for the informal resolution of complaints filed with the |
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department related to a violation of a law or rule governing a |
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program or person subject to this subchapter, including procedures |
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governing: |
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(1) informal disposition of a contested case under |
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Section 2001.056; and |
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(2) an informal proceeding held in compliance with |
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Section 2001.054. |
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(b) Any settlement agreement arising from the procedures |
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described by Subsection (a) must be approved by the director or the |
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director's designee. |
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Sec. 411.507. LICENSE DENIAL; ADMINISTRATIVE SANCTION. |
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(a) This section applies to a person required to obtain a license |
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under a program subject to this subchapter. |
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(b) The commission may deny an application for, revoke, |
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suspend, or refuse to renew a license or may reprimand a license |
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holder for a violation of a law or rule governing a program subject |
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to this subchapter. |
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(c) The commission may place on probation a person whose |
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license is suspended. If a license suspension is probated, the |
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commission may require the person to: |
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(1) report regularly to the department on matters that |
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are the basis of the probation; |
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(2) limit practice to the areas prescribed by the |
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department; or |
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(3) continue or renew education until the person |
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attains a degree of competency satisfactory to the commission in |
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those areas that are the basis for the probation. |
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(d) The commission shall develop a penalty schedule for each |
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program subject to this subchapter consisting of administrative |
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sanctions authorized under Subsections (b) and (c) based on the |
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severity and frequency of a violation of a law or rule related to |
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the program. |
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Sec. 411.508. RIGHT TO NOTICE AND HEARING; ADMINISTRATIVE |
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PROCEDURE. (a) For each program subject to this subchapter, a |
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person is entitled to notice and a hearing if the commission |
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proposes to: |
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(1) deny an application for, revoke, suspend, or |
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refuse to renew a license; |
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(2) reprimand a license holder; or |
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(3) place a license holder on probation. |
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(b) A proceeding to impose an administrative sanction as |
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described by Subsection (a) is a contested case under Chapter 2001. |
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(c) Unless otherwise provided by law, judicial review of an |
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administrative sanction or penalty imposed by the commission is |
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under the substantial evidence rule as provided by Subchapter G, |
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Chapter 2001. |
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Sec. 411.509. CEASE AND DESIST ORDER. The department may |
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issue a cease and desist order if the department determines that the |
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action is necessary to prevent a violation of a law or rule |
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governing a program or person subject to this subchapter. |
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Sec. 411.510. INJUNCTIVE RELIEF. (a) On request of the |
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department, the attorney general shall institute an action for |
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injunctive relief to restrain a person in violation of or |
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threatening to violate a law or rule governing a program or person |
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subject to this subchapter. |
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(b) An action filed under this section shall be filed in a |
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district court in: |
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(1) Travis County; or |
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(2) the county in which the violation allegedly |
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occurred or is threatened to occur. |
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(c) The attorney general may recover reasonable expenses |
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incurred in obtaining injunctive relief under this section, |
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including court costs, attorney's fees, investigative costs, |
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witness fees, and deposition expenses. |
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Sec. 411.511. STAGGERED RENEWAL; PRORATION OF LICENSE FEE. |
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(a) The commission by rule may adopt a system under which licenses |
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expire on various dates during the year. |
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(b) A license issued under a program governed by this |
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subchapter may not expire later than the second anniversary of the |
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date the license is issued. |
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(c) For the year in which the expiration date of a license is |
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changed, the department shall prorate license fees on a monthly |
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basis so that each license holder pays only that portion of the |
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license fee that is allocable to the number of months during which |
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the license is valid. On renewal of the license on the new |
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expiration date, the total license renewal fee is payable. |
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Sec. 411.512. ANNUAL REGULATORY REPORT. (a) The |
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department shall annually make available on the department's |
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Internet website a report of regulatory statistics for the |
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preceding state fiscal year for each program subject to this |
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subchapter and aggregate information on all the programs. |
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(b) The report must include, as applicable, information |
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regarding: |
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(1) the number of licenses issued under the program; |
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(2) the number and types of complaints received and |
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resolved by the department; |
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(3) the number of investigations conducted by the |
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department; and |
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(4) the number and types of disciplinary actions taken |
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by the department. |
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SUBCHAPTER R. ADMINISTRATIVE PENALTY |
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Sec. 411.521. DEFINITION. In this subchapter, "license" |
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has the meaning assigned by Section 411.501. |
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Sec. 411.522. APPLICABILITY. This subchapter applies to a |
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program, and persons regulated under the program, to which Section |
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411.502 applies. |
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Sec. 411.523. IMPOSITION OF PENALTY. The commission may |
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impose an administrative penalty against a person who violates: |
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(1) a law establishing a program subject to this |
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subchapter; or |
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(2) a rule adopted or order issued by the commission |
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under a law described by Subdivision (1). |
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Sec. 411.524. AMOUNT OF PENALTY. (a) If the relevant law |
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establishing a program subject to this subchapter does not state |
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the maximum amount of an administrative penalty under that law, the |
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amount of the penalty shall be assessed by the commission in an |
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amount not to exceed $5,000 per day for each violation. Each day a |
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violation continues or occurs is a separate violation for purposes |
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of imposing a penalty. |
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(b) The amount of the penalty shall be based on: |
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(1) the seriousness of the violation; |
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(2) the respondent's history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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(4) efforts made by the respondent to correct the |
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violation; and |
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(5) any other matter that justice may require. |
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(c) The commission shall establish a written enforcement |
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plan that provides notice to license holders of the specific ranges |
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of penalties that apply to specific alleged violations and the |
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criteria by which the department determines the amount of a |
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proposed administrative penalty. |
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Sec. 411.525. IMPOSITION OF SANCTION. A proceeding under |
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this subchapter imposing an administrative penalty may be combined |
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with a proceeding to impose an administrative sanction. If a |
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sanction is imposed in a proceeding under this subchapter, the |
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requirements of this subchapter apply to the imposition of the |
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sanction. |
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Sec. 411.526. NOTICE OF VIOLATION AND PENALTY. If, after |
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investigation of a possible violation and the facts surrounding the |
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possible violation, the department determines that a violation |
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occurred, the department shall issue to the respondent a notice of |
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alleged violation stating: |
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(1) a brief summary of the alleged violation; |
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(2) the amount of the recommended administrative |
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penalty; and |
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(3) that the respondent has the right to a hearing to |
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contest the alleged violation, the amount of the penalty, or both. |
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Sec. 411.527. PENALTY TO BE PAID OR HEARING REQUESTED. |
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(a) Not later than the 20th day after the date the respondent |
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receives the notice, the respondent may: |
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(1) accept the department's determination and |
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recommended administrative penalty; or |
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(2) make a written request for a hearing on that |
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determination. |
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(b) If the respondent accepts the department's |
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determination, the commission by order may approve the |
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determination and require the person to pay the recommended |
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penalty. |
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Sec. 411.528. HEARING ON RECOMMENDATIONS. (a) If the |
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respondent requests a hearing, the hearing shall be conducted by |
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the department or the State Office of Administrative Hearings. |
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(b) The State Office of Administrative Hearings shall |
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consider the department's applicable substantive rules and |
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policies when conducting a hearing under this subchapter. |
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(c) A department hearing officer or an administrative law |
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judge at the State Office of Administrative Hearings, as |
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applicable, shall: |
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(1) make findings of fact and conclusions of law; and |
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(2) promptly issue to the commission a proposal for |
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decision as to the occurrence of the violation and the amount of any |
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proposed administrative penalty. |
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Sec. 411.529. DECISION BY COMMISSION. (a) Based on the |
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findings of fact, conclusions of law, and proposal for decision, |
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the commission by order may determine that: |
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(1) a violation occurred and impose an administrative |
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penalty; or |
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(2) a violation did not occur. |
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(b) The department shall give notice of the order to the |
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respondent. |
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(c) The order under this section must include: |
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(1) separate statements of the findings of fact and |
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conclusions of law; |
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(2) the amount of any penalty imposed; |
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(3) a statement of the right of the respondent to |
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judicial review of the order; and |
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(4) any other information required by law. |
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Sec. 411.530. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. |
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(a) Not later than the 30th day after the date the commission's |
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order becomes final, the respondent shall: |
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(1) pay the penalty; or |
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(2) file a petition for judicial review contesting the |
|
order and: |
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(A) forward the penalty to the department for |
|
deposit in an escrow account; or |
|
(B) give the department a supersedeas bond in a |
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form approved by the department that: |
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(i) is for the amount of the penalty; and |
|
(ii) is effective until judicial review of |
|
the decision is final. |
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(b) A respondent who is financially unable to comply with |
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Subsection (a)(2) is entitled to judicial review if the respondent |
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files with the court, as part of the respondent's petition for |
|
judicial review, a sworn statement that the respondent is unable to |
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meet the requirements of Subsection (a)(2). |
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Sec. 411.531. COLLECTION OF PENALTY. If the person on whom |
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the administrative penalty is imposed violates Section 411.530(a), |
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the department or the attorney general may bring an action to |
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collect the penalty. |
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Sec. 411.532. REMITTANCE OF PENALTY AND INTEREST. (a) If, |
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after judicial review, the administrative penalty is reduced or not |
|
imposed, the department shall: |
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(1) remit to the person the appropriate amount, plus |
|
accrued interest, if the person paid the amount of the penalty; or |
|
(2) execute a release of the bond, if the person posted |
|
a supersedeas bond. |
|
(b) The interest paid under Subsection (a)(1) is accrued at |
|
the rate charged on loans to depository institutions by the New York |
|
Federal Reserve Bank. The interest shall be paid for the period |
|
beginning on the date the penalty is paid to the department and |
|
ending on the date the penalty is remitted. |
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Sec. 411.533. ADMINISTRATIVE PROCEDURE. (a) The |
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commission by rule shall prescribe procedures for the determination |
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and appeal of a decision to impose an administrative penalty. |
|
(b) A proceeding under this subchapter to impose an |
|
administrative penalty is a contested case under Chapter 2001. |
|
SECTION 3.003. Section 1956.151, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1956.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. |
|
The commission [department] shall deny an application for a |
|
certificate of registration, suspend or revoke a certificate of |
|
registration, or reprimand a person who is registered under this |
|
chapter if the person: |
|
(1) obtains a certificate of registration by means of |
|
fraud, misrepresentation, or concealment of a material fact; |
|
(2) sells, barters, or offers to sell or barter a |
|
certificate of registration; |
|
(3) violates a provision of this chapter or a rule |
|
adopted under this chapter; or |
|
(4) violates Section 1956.021. |
|
SECTION 3.004. Sections 548.405(a), (c), and (g), |
|
Transportation Code, are amended to read as follows: |
|
(a) The commission [department] may deny a person's |
|
application for a certificate, revoke or suspend the certificate of |
|
a person, inspection station, or inspector, place on probation a |
|
person who holds a suspended certificate, or reprimand a person who |
|
holds a certificate if: |
|
(1) the station or inspector conducts an inspection, |
|
fails to conduct an inspection, or issues a certificate: |
|
(A) in violation of this chapter or a rule |
|
adopted under this chapter; or |
|
(B) without complying with the requirements of |
|
this chapter or a rule adopted under this chapter; |
|
(2) the person, station, or inspector commits an |
|
offense under this chapter or violates this chapter or a rule |
|
adopted under this chapter; |
|
(3) the applicant or certificate holder does not meet |
|
the standards for certification under this chapter or a rule |
|
adopted under this chapter; |
|
(4) the station or inspector does not maintain the |
|
qualifications for certification or does not comply with a |
|
certification requirement under this subchapter [Subchapter G]; |
|
(5) the certificate holder or the certificate holder's |
|
agent, employee, or representative commits an act or omission that |
|
would cause denial, revocation, or suspension of a certificate to |
|
an individual applicant or certificate holder; or |
|
(6) the station or inspector does not pay a fee |
|
required by Subchapter H[; or
|
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[(7)
the inspector or owner of an inspection station
|
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is convicted of a:
|
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[(A) felony or Class A or Class B misdemeanor;
|
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[(B)
similar crime under the jurisdiction of
|
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another state or the federal government that is punishable to the
|
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same extent as a felony or a Class A or Class B misdemeanor in this
|
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state; or
|
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[(C)
crime under the jurisdiction of another
|
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state or the federal government that would be a felony or a Class A
|
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or Class B misdemeanor if the crime were committed in this state]. |
|
(c) If the commission [department] suspends a certificate |
|
because of a violation of Subchapter F, the suspension must be for a |
|
period of not less than six months. [The suspension may not be
|
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probated or deferred.] |
|
(g) The commission [department] may not suspend, revoke, or |
|
deny all certificates of a person who holds more than one inspection |
|
station certificate based on a suspension, revocation, or denial of |
|
one of that person's inspection station certificates without proof |
|
of culpability related to a prior action under this subsection. |
|
SECTION 3.005. Subchapter G, Chapter 548, Transportation |
|
Code, is amended by adding Section 548.4055 to read as follows: |
|
Sec. 548.4055. RULES REGARDING CRIMINAL CONVICTIONS. The |
|
commission shall adopt rules necessary to comply with Chapter 53, |
|
Occupations Code, with respect to the certification of persons |
|
under this subchapter. The commission's rules must list the |
|
specific offenses for each category of persons regulated under this |
|
subchapter for which a conviction would constitute grounds for the |
|
commission to take action under Section 53.021, Occupations Code. |
|
SECTION 3.006. Sections 548.407(d) and (e), Transportation |
|
Code, are amended to read as follows: |
|
(d) The commission [department] may provide that a |
|
revocation or suspension takes effect on receipt of notice under |
|
Subsection (b) if the commission [department] finds that the action |
|
is necessary to prevent or remedy a threat to public health, safety, |
|
or welfare. Violations that present a threat to public health, |
|
safety, or welfare include: |
|
(1) issuing a passing vehicle inspection report or |
|
submitting inspection information to the department's database |
|
with knowledge that the issuance or submission is in violation of |
|
this chapter or rules adopted under this chapter; |
|
(2) falsely or fraudulently representing to the owner |
|
or operator of a vehicle that equipment inspected or required to be |
|
inspected must be repaired, adjusted, or replaced for the vehicle |
|
to pass an inspection; |
|
(3) issuing a vehicle inspection report or submitting |
|
inspection information to the department's database: |
|
(A) without authorization to issue the report or |
|
submit the information; or |
|
(B) without inspecting the vehicle; |
|
(4) issuing a passing vehicle inspection report or |
|
submitting inspection information to the department's database for |
|
a vehicle with knowledge that the vehicle has not been repaired, |
|
adjusted, or corrected after an inspection has shown a repair, |
|
adjustment, or correction to be necessary; |
|
(5) knowingly issuing a passing vehicle inspection |
|
report or submitting inspection information to the department's |
|
database: |
|
(A) for a vehicle without conducting an |
|
inspection of each item required to be inspected; or |
|
(B) for a vehicle that is missing an item |
|
required to be inspected or that has an item required to be |
|
inspected that is not in compliance with state law or department |
|
rules; |
|
(6) refusing to allow a vehicle's owner to have a |
|
qualified person of the owner's choice make a required repair, |
|
adjustment, or correction; |
|
(7) charging for an inspection an amount greater than |
|
the authorized fee; |
|
(8) a violation of Subchapter F; |
|
(9) a violation of Section 548.603; or |
|
(10) a conviction of a felony or a Class A or B |
|
misdemeanor that directly relates to or affects the duties or |
|
responsibilities of a vehicle inspection station or inspector or a |
|
conviction of a similar crime under the jurisdiction of another |
|
state or the federal government. |
|
(e) The commission may adopt rules to implement this |
|
section. [For purposes of Subsection (d)(10), a person is
|
|
convicted of an offense if a court enters against the person an
|
|
adjudication of the person's guilt, including an order of probation
|
|
or deferred adjudication.] |
|
SECTION 3.007. Subchapter G, Chapter 548, Transportation |
|
Code, is amended by adding Section 548.410 to read as follows: |
|
Sec. 548.410. EXPIRATION OF CERTIFICATE. A certificate |
|
issued to an inspector or an inspection station under this |
|
subchapter expires as determined by the department under Section |
|
411.511, Government Code, but not later than the second anniversary |
|
of the date the certificate is issued. |
|
SECTION 3.008. Section 548.506, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 548.506. FEE FOR CERTIFICATION AS INSPECTOR. (a) The |
|
commission by rule shall establish reasonable and necessary fees |
|
for certification as an inspector. |
|
(b) The fees established under this section may not be less |
|
than an amount equal to: |
|
(1) [An applicant for certification as an inspector
|
|
must submit with the applicant's first application a fee of] $25 for |
|
initial certification until August 31 of the even-numbered year |
|
following the date of certification; and |
|
(2) [. To be certified after August 31 of that year,
|
|
the applicant must pay] $25 as a certificate fee for each subsequent |
|
two-year period. |
|
SECTION 3.009. Section 548.507, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 548.507. FEE FOR CERTIFICATION AS INSPECTION STATION. |
|
(a) The commission by rule shall establish reasonable and |
|
necessary fees for certification as an inspection station. |
|
(b) The fees established under this section may not be less |
|
than: |
|
(1) except [Except] as provided by Subdivision (2) or |
|
(3): |
|
(A) [Subsection (b) or (c), after an applicant
|
|
for certification as an inspection station is notified that the
|
|
application will be approved, the applicant must pay a fee of] $100 |
|
for certification until August 31 of the odd-numbered year after |
|
the date of appointment as an inspection station; and |
|
(B) [. To be certified after August 31 of that
|
|
year, the applicant must pay a fee of] $100 for certification for |
|
each subsequent two-year period; |
|
(2) if[. (b) If] an applicant for certification as an |
|
inspection station has been convicted of a violation of this |
|
chapter relating to an emissions inspection under Subchapter F: |
|
(A) [, after notification that the application
|
|
will be approved, the applicant must pay a fee of] $500 for |
|
certification until August 31 of the odd-numbered year after the |
|
date of appointment as an inspection station; and |
|
(B) [. To be certified after August 31 of that
|
|
year, the applicant must pay a fee of] $100 for certification for |
|
each subsequent two-year period; and |
|
(3) if[. (c) If] an applicant for certification as |
|
an inspection station has been convicted of two or more violations |
|
of this chapter relating to an emissions inspection under |
|
Subchapter F: |
|
(A) [, after notification that the application
|
|
will be approved, the applicant must pay a fee of] $1,500 for |
|
certification until August 31 of the odd-numbered year after the |
|
date of appointment as an inspection station; and |
|
(B) [. To be certified after August 31 of that
|
|
year, the applicant must pay a fee of] $100 for certification for |
|
each subsequent two-year period. |
|
SECTION 3.010. The following provisions are repealed: |
|
(1) Sections 1956.014(b) and (c), Occupations Code; |
|
(2) Sections 1956.041(b-2), (c), (d), (e), and (f), |
|
Occupations Code; |
|
(3) Section 1956.152, Occupations Code; |
|
(4) Sections 548.405(b), (h), and (i), Transportation |
|
Code; |
|
(5) Section 548.406, Transportation Code; |
|
(6) Sections 548.407(f), (g), (h), (i), (j), (k), and |
|
(l), Transportation Code; and |
|
(7) Section 548.409, Transportation Code. |
|
SECTION 3.011. As soon as practicable after the effective |
|
date of this Act, the Public Safety Commission shall adopt rules |
|
necessary to implement the changes in law made by this Act to |
|
Chapter 411, Government Code, Chapter 1956, Occupations Code, and |
|
Chapter 548, Transportation Code. |
|
SECTION 3.012. Section 411.0891, Government Code, and |
|
Sections 548.405 and 548.407, Transportation Code, as amended by |
|
this Act, apply only to an application for the issuance or renewal |
|
of a license submitted on or after the effective date of this Act. |
|
An application for the issuance or renewal of a license submitted |
|
before that date is governed by the law in effect on the date the |
|
application was submitted, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 3.013. Section 548.405(c), Transportation Code, as |
|
amended by this Act, applies only to a person placed on probation on |
|
or after the effective date of this Act. A person placed on |
|
probation before the effective date of this Act is governed by the |
|
law in effect on the date the person was placed on probation, and |
|
the former law is continued in effect for that purpose. |
|
SECTION 3.014. Section 1956.041, Occupations Code, and |
|
Sections 548.405 and 548.407, Transportation Code, as amended by |
|
this Act, apply only to a proceeding initiated on or after the |
|
effective date of this Act. A proceeding initiated before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the proceeding was initiated, and the former law is continued |
|
in effect for that purpose. |
|
ARTICLE 4. CERTAIN PROGRAMS REGULATING CONTROLLED SUBSTANCES, |
|
PRECURSOR CHEMICALS, AND LABORATORY APPARATUSES |
|
SECTION 4.001. Sections 481.077(c), (i), and (k), Health |
|
and Safety Code, are amended to read as follows: |
|
(c) This section does [and Section 481.078 do] not apply to |
|
a person to whom a registration has been issued by the Federal Drug |
|
Enforcement Agency or who is exempt from such registration. |
|
(i) A manufacturer, wholesaler, retailer, or other person |
|
who [receives from a source outside this state a chemical precursor
|
|
subject to Subsection (a) or who] discovers a loss or theft of a |
|
chemical precursor subject to Subsection (a) shall: |
|
(1) submit a report of the transaction to the director |
|
in accordance with department rule; and |
|
(2) include in the report: |
|
(A) any difference between the amount of the |
|
chemical precursor actually received and the amount of the chemical |
|
precursor shipped according to the shipping statement or invoice; |
|
or |
|
(B) the amount of the loss or theft. |
|
(k) A [Unless the person is the holder of only a permit
|
|
issued under Section 481.078(b)(1), a] manufacturer, wholesaler, |
|
retailer, or other person who sells, transfers, or otherwise |
|
furnishes any chemical precursor subject to Subsection (a), or a |
|
[permit holder,] commercial purchaser[,] or other person who |
|
receives a chemical precursor subject to Subsection (a): |
|
(1) shall maintain records and inventories in |
|
accordance with rules established by the director; |
|
(2) shall allow a member of the department or a peace |
|
officer to conduct audits and inspect records of purchases and |
|
sales and all other records made in accordance with this section at |
|
any reasonable time; and |
|
(3) may not interfere with the audit or with the full |
|
and complete inspection or copying of those records. |
|
SECTION 4.002. The heading to Section 481.080, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 481.080. CHEMICAL LABORATORY APPARATUS RECORD-KEEPING |
|
REQUIREMENTS [AND PENALTIES]. |
|
SECTION 4.003. Sections 481.080(d), (j), and (l), Health |
|
and Safety Code, are amended to read as follows: |
|
(d) This section does [and Section 481.081 do] not apply to |
|
a person to whom a registration has been issued by the Federal Drug |
|
Enforcement Agency or who is exempt from such registration. |
|
(j) A manufacturer, wholesaler, retailer, or other person |
|
who [receives from a source outside this state a chemical
|
|
laboratory apparatus subject to Subsection (a) or who] discovers a |
|
loss or theft of such an apparatus shall: |
|
(1) submit a report of the transaction to the director |
|
in accordance with department rule; and |
|
(2) include in the report: |
|
(A) any difference between the number of the |
|
apparatus actually received and the number of the apparatus shipped |
|
according to the shipping statement or invoice; or |
|
(B) the number of the loss or theft. |
|
(l) This subsection applies to a manufacturer, wholesaler, |
|
retailer, or other person who sells, transfers, or otherwise |
|
furnishes any chemical laboratory apparatus subject to Subsection |
|
(a) and to a [permit holder,] commercial purchaser[,] or other |
|
person who receives such an apparatus [unless the person is the
|
|
holder of only a permit issued under Section 481.081(b)(1)]. A |
|
person covered by this subsection: |
|
(1) shall maintain records and inventories in |
|
accordance with rules established by the director; |
|
(2) shall allow a member of the department or a peace |
|
officer to conduct audits and inspect records of purchases and |
|
sales and all other records made in accordance with this section at |
|
any reasonable time; and |
|
(3) may not interfere with the audit or with the full |
|
and complete inspection or copying of those records. |
|
SECTION 4.004. Section 481.111(a), Health and Safety Code, |
|
is amended to read as follows: |
|
(a) The provisions of this chapter relating to the |
|
possession and distribution of peyote do not apply to the use of |
|
peyote by a member of the Native American Church in bona fide |
|
religious ceremonies of the church or to[. However,] a person who |
|
supplies the substance to the church [must register and maintain
|
|
appropriate records of receipts and disbursements in accordance
|
|
with rules adopted by the director]. An exemption granted to a |
|
member of the Native American Church under this section does not |
|
apply to a member with less than 25 percent Indian blood. |
|
SECTION 4.005. Section 481.136(a), Health and Safety Code, |
|
is amended to read as follows: |
|
(a) A person commits an offense if the person sells, |
|
transfers, furnishes, or receives a chemical precursor subject to |
|
Section 481.077(a) and the person: |
|
(1) [does not hold a chemical precursor transfer
|
|
permit as required by Section 481.078 at the time of the
|
|
transaction;
|
|
[(2)] does not comply with Section 481.077 or |
|
481.0771; |
|
(2) [(3)] knowingly makes a false statement in a |
|
report or record required by Section 481.077 or[,] 481.0771[, or
|
|
481.078]; or |
|
(3) [(4)] knowingly violates a rule adopted under |
|
Section 481.077 or[,] 481.0771[, or 481.078]. |
|
SECTION 4.006. Section 481.138(a), Health and Safety Code, |
|
is amended to read as follows: |
|
(a) A person commits an offense if the person sells, |
|
transfers, furnishes, or receives a chemical laboratory apparatus |
|
subject to Section 481.080(a) and the person: |
|
(1) [does not have a chemical laboratory apparatus
|
|
transfer permit as required by Section 481.081 at the time of the
|
|
transaction;
|
|
[(2)] does not comply with Section 481.080; |
|
(2) [(3)] knowingly makes a false statement in a |
|
report or record required by Section 481.080 [or 481.081]; or |
|
(3) [(4)] knowingly violates a rule adopted under |
|
Section 481.080 [or 481.081]. |
|
SECTION 4.007. Section 481.301, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 481.301. IMPOSITION OF PENALTY. The department may |
|
impose an administrative penalty on a person who violates Section |
|
481.067, 481.077, 481.0771, or [481.078,] 481.080[, or 481.081] or |
|
a rule or order adopted under any of those sections. |
|
SECTION 4.008. Section 487.053(b), Health and Safety Code, |
|
is amended to read as follows: |
|
(b) Subject to Section 411.503, Government Code, the [The] |
|
department shall enforce compliance of licensees and registrants |
|
and shall adopt procedures for suspending or revoking a license or |
|
registration issued under this chapter and for renewing a license |
|
or registration issued under this chapter. |
|
SECTION 4.009. Sections 487.104(b) and (c), Health and |
|
Safety Code, are amended to read as follows: |
|
(b) If the department denies the issuance or renewal of a |
|
license under Subsection (a), the applicant is entitled to a |
|
hearing. Chapter 2001, Government Code, applies to a proceeding |
|
under this section. [The department shall give written notice of
|
|
the grounds for denial to the applicant at least 30 days before the
|
|
date of the hearing.] |
|
(c) A license issued or renewed under this section expires |
|
as determined by the department in accordance with Section 411.511, |
|
Government Code [on the second anniversary of the date of issuance
|
|
or renewal, as applicable]. |
|
SECTION 4.010. Section 487.105(c), Health and Safety Code, |
|
is amended to read as follows: |
|
(c) The department shall conduct a criminal history |
|
background check on each individual whose name is provided to the |
|
department under Subsection (a) or (b). The director by rule shall: |
|
(1) require each individual whose name is provided to |
|
the department under Subsection (a) or (b) [determine the manner by
|
|
which an individual is required] to submit a complete set of |
|
fingerprints to the department on a form prescribed by the |
|
department for purposes of a criminal history background check |
|
under this section; and |
|
(2) establish criteria for determining whether an |
|
individual passes the criminal history background check for the |
|
purposes of this section. |
|
SECTION 4.011. The following provisions of the Health and |
|
Safety Code are repealed: |
|
(1) Sections 481.077(e), (f), (g), and (h); |
|
(2) Section 481.078; |
|
(3) Sections 481.080(f), (g), (h), and (i); and |
|
(4) Section 481.081. |
|
SECTION 4.012. As soon as practicable after the effective |
|
date of this Act, the public safety director of the Department of |
|
Public Safety shall adopt rules to implement the changes made by |
|
Section 487.105(c), Health and Safety Code, as amended by this Act. |
|
SECTION 4.013. The changes in law made by this Act to |
|
Chapter 481, Health and Safety Code, apply only to an offense or |
|
violation committed on or after the effective date of this Act. An |
|
offense or violation committed before the effective date of this |
|
Act is governed by the law in effect on the date the offense or |
|
violation was committed, and the former law is continued in effect |
|
for that purpose. For purposes of this section, 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 4.014. On the effective date of this Act, a permit |
|
issued under former Section 481.078 or 481.081, Health and Safety |
|
Code, expires. |
|
ARTICLE 5. PRIVATE SECURITY |
|
SECTION 5.001. Section 1702.002, Occupations Code, is |
|
amended by amending Subdivisions (2), (5), (5-a), (17), and (21) |
|
and adding Subdivisions (4), (5-b), (5-c), and (8-a) to read as |
|
follows: |
|
(2) "Branch office" means an office that is: |
|
(A) identified to the public as a place from |
|
which business is conducted, solicited, or advertised; and |
|
(B) at a place other than the principal place of |
|
business as shown in department [board] records. |
|
(4) "Commission" means the Public Safety Commission. |
|
(5) "Commissioned security officer" means a security |
|
officer to whom a security officer commission has been issued by the |
|
department [board]. |
|
(5-a) "Committee" means the Texas Private Security |
|
Advisory Committee established under this chapter. |
|
(5-b) "Company license" means a license issued by the |
|
department that entitles a person to operate as a security services |
|
contractor or investigations company. |
|
(5-c) "Department" means the Department of Public |
|
Safety of the State of Texas. |
|
(8-a) "Individual license" means a license issued by |
|
the department that entitles an individual to perform a service |
|
regulated by this chapter for a company license holder, including a |
|
personal protection officer license. |
|
(17) "Personal protection officer license |
|
[endorsement]" means a license [permit] issued by the department |
|
[board] that entitles an individual to act as a personal protection |
|
officer. |
|
(21) "Security officer commission" means an |
|
authorization issued by the department [board] that entitles a |
|
security officer to carry a firearm. |
|
SECTION 5.002. Section 1702.004, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.004. GENERAL SCOPE OF REGULATION. (a) The |
|
department [board, in addition to performing duties required by
|
|
other law or exercising powers granted by other law]: |
|
(1) licenses investigations companies and security |
|
services contractors; |
|
(2) issues commissions to certain security officers; |
|
(3) licenses [issues endorsements to] certain |
|
security officers engaged in the personal protection of |
|
individuals; |
|
(4) licenses [registers and endorses]: |
|
(A) certain individuals connected with a company |
|
license holder; and |
|
(B) certain individuals employed in a field |
|
connected to private investigation or private security; and |
|
(5) regulates company license holders, security |
|
officers, [registrants,] and individual license [endorsement] |
|
holders under this chapter. |
|
(b) The commission [board] shall adopt rules necessary to |
|
comply with Chapter 53. In its rules under this section, the |
|
commission [board] shall list the specific offenses for each |
|
category of regulated persons for which a conviction would |
|
constitute grounds for the department [board] to take action under |
|
Section 53.021. |
|
SECTION 5.003. Section 1702.005, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY; REFERENCES. |
|
(a) [The board created under Section 1702.021 is a part of the
|
|
department.] The department shall administer this chapter [through
|
|
the board]. |
|
(b) A reference in this chapter or another law to the Texas |
|
Commission on Private Security or the Texas Private Security Board |
|
means the department [board]. |
|
SECTION 5.004. The heading to Subchapter B, Chapter 1702, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER B. TEXAS PRIVATE SECURITY ADVISORY COMMITTEE [BOARD] |
|
SECTION 5.005. Section 1702.021, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.021. COMMITTEE [BOARD] MEMBERSHIP; APPLICABILITY |
|
OF OTHER LAW. (a) The Texas Private Security Advisory Committee |
|
[Board] consists of seven members appointed by the commission |
|
[governor with the advice and consent of the senate] as follows: |
|
(1) three public members, each of whom is a citizen of |
|
the United States; |
|
(2) one member who is licensed under this chapter as a |
|
private investigator; |
|
(3) one member who is licensed under this chapter as an |
|
alarm systems company; |
|
(4) one member who is licensed under this chapter as |
|
the owner or operator of a guard company; and |
|
(5) one member who is licensed under this chapter as a |
|
locksmith. |
|
(b) Appointments to the committee [board] shall be made |
|
without regard to the race, color, disability, sex, religion, age, |
|
or national origin of the appointee. |
|
(c) Chapter 2110, Government Code, does not apply to the |
|
size, composition, or duration of the advisory committee or to the |
|
appointment of the committee's presiding officer. |
|
SECTION 5.006. Section 1702.023, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The |
|
committee's [board's] public members must be representatives of the |
|
general public. A person may not be a public member of the |
|
committee [board] if the person or the person's spouse: |
|
(1) is registered, commissioned, certified, or |
|
licensed by a regulatory agency in the field of private |
|
investigations or private security; |
|
(2) is employed by or participates in the management |
|
of a business entity or other organization regulated by or |
|
receiving money from the department [board]; |
|
(3) owns or controls, directly or indirectly, more |
|
than a 10 percent interest in a business entity or other |
|
organization regulated by or receiving money from the department |
|
[board]; or |
|
(4) uses or receives a substantial amount of tangible |
|
goods, services, or money from the department [board] other than |
|
compensation or reimbursement authorized by law for committee |
|
[board] membership, attendance, or expenses. |
|
SECTION 5.007. Sections 1702.024(b) and (c), Occupations |
|
Code, are amended to read as follows: |
|
(b) A person may not be a committee [board] member, and may |
|
not be a department employee whose primary duties include private |
|
security regulation and who is employed in a "bona fide executive, |
|
administrative, or professional capacity," as that phrase is used |
|
for purposes of establishing an exemption to the overtime |
|
provisions of the federal Fair Labor Standards Act of 1938 (29 |
|
U.S.C. Section 201 et seq.), and its subsequent amendments, if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of private |
|
investigation or private security; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the field of private |
|
investigation or private security. |
|
(c) A person may not be a committee [board] member or act as |
|
general counsel to the committee or department [board or agency] if |
|
the person is required to register as a lobbyist under Chapter 305, |
|
Government Code, because of the person's activities for |
|
compensation on behalf of a profession related to the operation of |
|
the committee [agency]. |
|
SECTION 5.008. Section 1702.025, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.025. TERMS; VACANCIES. (a) The committee |
|
[board] members serve staggered six-year terms, with the terms of |
|
two or three members expiring on January 31 of each odd-numbered |
|
year. |
|
(b) If a vacancy occurs during the term of a committee |
|
[board] member, the commission [governor] shall appoint a new |
|
member to fill the unexpired term. |
|
SECTION 5.009. Section 1702.026, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.026. OFFICERS. (a) The commission [governor] |
|
shall designate one committee [board] member as presiding officer |
|
to serve in that capacity at the will of the commission [governor]. |
|
The commission [governor] shall designate the presiding officer |
|
without regard to race, creed, color, disability, sex, religion, |
|
age, or national origin. |
|
(b) The committee [board] shall elect from among its members |
|
an assistant presiding officer and a secretary to serve two-year |
|
terms beginning on September 1 of each odd-numbered year. |
|
(c) The presiding officer of the committee [board] or, in |
|
the absence of the presiding officer, the assistant presiding |
|
officer shall preside at each committee [board] meeting and perform |
|
the other duties prescribed by this chapter. |
|
SECTION 5.010. Sections 1702.027(a) and (b), Occupations |
|
Code, are amended to read as follows: |
|
(a) It is a ground for removal from the committee [board] |
|
that a member: |
|
(1) does not have the qualifications required by |
|
Section 1702.021 at the time of appointment [taking office]; |
|
(2) does not maintain the qualifications required by |
|
Section 1702.021 during service on the committee [board]; |
|
(3) is ineligible for membership under Section |
|
1702.023 or 1702.024; |
|
(4) cannot, because of illness or disability, |
|
discharge the member's duties for a substantial part of the member's |
|
term; or |
|
(5) is absent from more than half of the regularly |
|
scheduled committee [board] meetings that the member is eligible to |
|
attend during a calendar year without an excuse approved by a |
|
majority vote of the committee [board]. |
|
(b) The validity of an action of the committee [board] is |
|
not affected by the fact that it is taken when a ground for removal |
|
of a committee [board] member exists. |
|
SECTION 5.011. Section 1702.028, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.028. [PER DIEM;] REIMBURSEMENT. [(a)
A board
|
|
member is entitled to a per diem as set by legislative appropriation
|
|
for each day the member engages in the business of the board.
|
|
[(b)] A committee member may not receive compensation for |
|
service on the advisory committee but is entitled to reimbursement |
|
for actual and necessary [travel] expenses incurred in performing |
|
the functions as a member of the committee, subject to [while
|
|
conducting board business, including expenses for transportation,
|
|
meals, and lodging, as prescribed by] the General Appropriations |
|
Act. |
|
SECTION 5.012. Section 1702.029, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.029. MEETINGS. The committee [board] shall meet |
|
at least quarterly [at regular intervals to be decided by the
|
|
board]. |
|
SECTION 5.013. Subchapter B, Chapter 1702, Occupations |
|
Code, is amended by adding Sections 1702.031 and 1702.032 to read as |
|
follows: |
|
Sec. 1702.031. DUTIES OF ADVISORY COMMITTEE. The committee |
|
shall provide advice and recommendations to the department and |
|
commission on technical matters relevant to the administration of |
|
this chapter and the regulation of private security industries. |
|
Sec. 1702.032. COMMISSION LIAISON. The commission shall |
|
designate a commission member to serve as a liaison to the |
|
committee. |
|
SECTION 5.014. Section 1702.041, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.041. CHIEF ADMINISTRATOR. (a) The chief |
|
administrator is responsible for the administration of this chapter |
|
under the direction of the public safety director [board]. The |
|
chief administrator shall perform duties as prescribed by the |
|
public safety director [board and the department]. |
|
(b) The chief administrator is a full-time employee of the |
|
department. A committee [board] member may not serve as chief |
|
administrator. |
|
SECTION 5.015. Section 1702.044, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT |
|
INFORMATION. The chief administrator or the chief administrator's |
|
designee shall provide to committee [board] members and to |
|
department [agency] employees, as often as necessary, information |
|
regarding the requirements for service as a committee member |
|
[office] or employment under this chapter, including information |
|
regarding a person's responsibilities under applicable laws |
|
relating to standards of conduct for state officers or employees. |
|
SECTION 5.016. The heading to Subchapter D, Chapter 1702, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER D. POWERS AND DUTIES [OF BOARD] |
|
SECTION 5.017. Section 1702.061, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.061. GENERAL POWERS AND DUTIES [OF BOARD]. |
|
(a) [The board shall perform the functions and duties provided by
|
|
this chapter.
|
|
[(b)] The commission [board] shall adopt rules and general |
|
policies to guide the department [agency] in the administration of |
|
this chapter. |
|
(b) [(c)] The rules and policies adopted by the commission |
|
[board] under Subsection (a) [(b)] must be consistent with this |
|
chapter and other commission [board] rules adopted under this |
|
chapter and with any other applicable law, state rule, or federal |
|
regulation. |
|
(c) [(d)] The commission [board] has the powers and duties |
|
to: |
|
(1) determine the qualifications of company license |
|
holders, individual license holders [registrants, endorsement
|
|
holders], and commissioned security officers; |
|
(2) investigate alleged violations of this chapter and |
|
of commission [board] rules; |
|
(3) adopt rules necessary to implement this chapter; |
|
and |
|
(4) establish and enforce standards governing the |
|
safety and conduct of each person regulated [licensed, registered,
|
|
or commissioned] under this chapter. |
|
[(e)
The board shall have a seal in the form prescribed by
|
|
the board.] |
|
SECTION 5.018. Section 1702.062, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.062. FEES. (a) The commission [board] by rule |
|
shall establish reasonable and necessary fees that produce |
|
sufficient revenue to administer this chapter. The fees may not |
|
produce unnecessary fund balances. |
|
(b) The department [board] may charge a fee each time the |
|
department [board] requires a person regulated under this chapter |
|
to resubmit a set of fingerprints for processing by the department |
|
[board] during the application process for a company license, |
|
individual license, [registration, endorsement,] or security |
|
officer commission. The commission [board] shall set the fee in an |
|
amount that is reasonable and necessary to cover the administrative |
|
expenses related to processing the fingerprints. |
|
(c) A person whose pocket card has not expired is not |
|
eligible to receive from the department [board] another pocket card |
|
in the same classification in which the pocket card is held. |
|
SECTION 5.019. The heading to Section 1702.063, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 1702.063. [BOARD] USE OF FINES. |
|
SECTION 5.020. Section 1702.0635, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.0635. RESTRICTIONS ON CERTAIN RULES. The |
|
commission [board] may not adopt rules or establish unduly |
|
restrictive experience or education requirements that limit a |
|
person's ability to be licensed as an electronic access control |
|
device company or be licensed [registered] as an electronic access |
|
control device installer. |
|
SECTION 5.021. Section 1702.064, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.064. RULES RESTRICTING ADVERTISING OR |
|
COMPETITIVE BIDDING. (a) The commission [board] may not adopt |
|
rules restricting advertising or competitive bidding by a person |
|
regulated under this chapter [by the board] except to prohibit |
|
false, misleading, or deceptive practices by the person. |
|
(b) The commission [board] may not include in its rules to |
|
prohibit false, misleading, or deceptive practices by a person |
|
regulated under this chapter [by the board] a rule that: |
|
(1) restricts the person's use of any medium for |
|
advertising; |
|
(2) restricts the person's personal appearance or use |
|
of the person's personal voice in an advertisement; |
|
(3) relates to the size or duration of an |
|
advertisement by the person; or |
|
(4) restricts the person's advertisement under a trade |
|
name. |
|
SECTION 5.022. Section 1702.0645, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.0645. PAYMENT OF FEES AND FINES. (a) The |
|
commission [board] may adopt rules regarding the method of payment |
|
of a fee or a fine assessed under this chapter. |
|
(b) Rules adopted under this section may: |
|
(1) authorize the use of electronic funds transfer or |
|
a valid credit card issued by a financial institution chartered by a |
|
state or the federal government or by a nationally recognized |
|
credit organization approved by the department [board]; and |
|
(2) require the payment of a discount or a reasonable |
|
service charge for a credit card payment in addition to the fee or |
|
the fine. |
|
SECTION 5.023. Section 1702.067, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.067. [BOARD] RECORDS; EVIDENCE. An official |
|
record of the department related to this chapter [board] or an |
|
affidavit by the chief administrator as to the content of the record |
|
is prima facie evidence of a matter required to be kept by the |
|
department [board]. |
|
SECTION 5.024. Section 1702.068, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.068. APPEAL BOND NOT REQUIRED. The department |
|
[board] is not required to give an appeal bond in any cause arising |
|
under this chapter. |
|
SECTION 5.025. The heading to Subchapter E, Chapter 1702, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER E. PUBLIC INTEREST INFORMATION [AND COMPLAINT
|
|
PROCEDURES] |
|
SECTION 5.026. Section 1702.084, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF |
|
DISCIPLINARY ACTIONS. (a) The department [board] shall make |
|
available to the public through a toll-free telephone number, |
|
Internet website, or other easily accessible medium determined by |
|
the department [board] the following information relating to a |
|
disciplinary action taken during the preceding three years |
|
regarding a person regulated under this chapter [by the board]: |
|
(1) the identity of the person; |
|
(2) the nature of the complaint that was the basis of |
|
the disciplinary action taken against the person; and |
|
(3) the disciplinary action taken by the commission |
|
[board]. |
|
(b) In providing the information, the department [board] |
|
shall present the information in an impartial manner, use language |
|
that is commonly understood, and, if possible, avoid jargon |
|
specific to the security industry. |
|
(c) The department [board] shall update the information on a |
|
monthly basis. |
|
(d) The department [board] shall maintain the |
|
confidentiality of information regarding the identification of a |
|
complainant. |
|
SECTION 5.027. Section 1702.085, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.085. CONFIDENTIALITY OF RECORDS. Records |
|
maintained by the department under this chapter on the home |
|
address, home telephone number, driver's license number, or social |
|
security number of an applicant or a company license holder, |
|
individual license holder [registrant], or security officer |
|
commission holder are confidential and are not subject to mandatory |
|
disclosure under Chapter 552, Government Code. |
|
SECTION 5.028. Section 1702.102(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Unless the person holds a license as a security services |
|
contractor, a person may not: |
|
(1) act as an alarm systems company, armored car |
|
company, courier company, guard company, or [guard dog company,] |
|
locksmith company[, or private security consultant company]; |
|
(2) offer to perform the services of a company in |
|
Subdivision (1); or |
|
(3) engage in business activity for which a license is |
|
required under this chapter. |
|
SECTION 5.029. Section 1702.1025(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) A person licensed as an electronic access control device |
|
company may not install alarm systems unless otherwise licensed [or
|
|
registered] to install alarm systems under this chapter. |
|
SECTION 5.030. Section 1702.103, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.103. CLASSIFICATION AND LIMITATION OF COMPANY |
|
LICENSES. (a) The company license classifications are: |
|
(1) Class A: investigations company license, covering |
|
operations of an investigations company; |
|
(2) Class B: security services contractor license, |
|
covering operations of a security services contractor; |
|
(3) Class C: covering the operations included within |
|
Class A and Class B; |
|
(4) Class F: level III training school license; and |
|
(5) Class O: alarm level I training school license[;
|
|
[(6)
Class P:
private business letter of authority
|
|
license;
|
|
[(7)
Class X:
government letter of authority license;
|
|
and
|
|
[(8) Class T: telematics license]. |
|
(b) A company license described by this chapter does not |
|
authorize the company license holder to perform a service for which |
|
the company license holder has not qualified. A person may not |
|
engage in an operation outside the scope of that person's company |
|
license. The department [board] shall indicate on the company |
|
license the services the company license holder is authorized to |
|
perform. The company license holder may not perform a service |
|
unless it is indicated on the company license. |
|
(c) A company license is not assignable unless the |
|
assignment is approved in advance by the department [board]. |
|
(d) The commission [board] shall prescribe by rule the |
|
procedure under which a company license may be terminated. |
|
(e) The commission [board] by rule may establish other |
|
company license classifications for activities expressly regulated |
|
by this chapter and may establish qualifications and practice |
|
requirements consistent with this chapter for those company license |
|
classifications. |
|
SECTION 5.031. Section 1702.110, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.110. APPLICATION FOR COMPANY LICENSE. (a) An |
|
application for a company license under this chapter must be in the |
|
form prescribed by the department [board] and include: |
|
(1) the full name and business address of the |
|
applicant; |
|
(2) the name under which the applicant intends to do |
|
business; |
|
(3) a statement as to the general nature of the |
|
business in which the applicant intends to engage; |
|
(4) a statement as to the classification for which the |
|
applicant requests qualification; |
|
(5) if the applicant is an entity other than an |
|
individual, the full name and residence address of each partner, |
|
officer who oversees the security-related aspects of the business, |
|
and director of the applicant[, and of the applicant's manager]; |
|
(6) if the applicant is an individual, the |
|
fingerprints of the applicant or, if the applicant is an entity |
|
other than an individual, of each officer who oversees the |
|
security-related aspects of the business and of each partner or |
|
shareholder who owns at least a 25 percent interest in the |
|
applicant, provided in the manner prescribed by the department |
|
[board]; |
|
(7) a verified statement of the applicant's experience |
|
qualifications in the particular classification in which the |
|
applicant is applying; |
|
(8) a report from the department stating the |
|
applicant's record of any convictions for a Class B misdemeanor or |
|
equivalent offense or a greater offense; |
|
(9) the social security number of the individual |
|
making the application; and |
|
(10) other information, evidence, statements, or |
|
documents required by the department [board]. |
|
(b) An applicant for a company license as a security |
|
services contractor shall maintain a physical address within this |
|
state and provide that address to the department [board]. The |
|
commission [board] shall adopt rules to enable an out-of-state |
|
company license holder to comply with this subsection. |
|
(c) The department may return an application for a company |
|
license as incomplete if the applicant submits payment of a fee that |
|
is returned for insufficient funds and the applicant has received |
|
notice and an opportunity to provide payment in full. |
|
SECTION 5.032. Section 1702.112, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.112. FORM OF COMPANY LICENSE. The department |
|
[board] shall prescribe the form of a company license[, including a
|
|
branch office license]. The company license must include: |
|
(1) the name of the company license holder; |
|
(2) the name under which the company license holder is |
|
to operate; |
|
(3) the company license number and the date the |
|
company license was issued; and |
|
(4) a photograph of the company license holder, |
|
affixed to the company license at the time the company license is |
|
issued by the department [board]. |
|
SECTION 5.033. The heading to Section 1702.113, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 1702.113. GENERAL QUALIFICATIONS FOR COMPANY |
|
LICENSE[, CERTIFICATE OF REGISTRATION,] OR SECURITY OFFICER |
|
COMMISSION. |
|
SECTION 5.034. Section 1702.113(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) An applicant for a company license[, certificate of
|
|
registration, endorsement,] or security officer commission [or the
|
|
applicant's manager] must be at least 18 years of age and must not: |
|
(1) at the time of application be charged under an |
|
information or indictment with the commission of a Class A or Class |
|
B misdemeanor or felony offense determined to be disqualifying by |
|
commission [board] rule; |
|
(2) have been found by a court to be incompetent by |
|
reason of a mental defect or disease and not have been restored to |
|
competency; |
|
(3) have been dishonorably discharged from the United |
|
States armed services, discharged from the United States armed |
|
services under other conditions determined by the commission |
|
[board] to be prohibitive, or dismissed from the United States |
|
armed services if a commissioned officer in the United States armed |
|
services; or |
|
(4) be required to register in this or any other state |
|
as a sex offender[, unless the applicant is approved by the board
|
|
under Section 1702.3615]. |
|
SECTION 5.035. Section 1702.114, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR |
|
INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a company |
|
license to engage in the business of an investigations company [or
|
|
the applicant's manager] must have, before the date of the |
|
application, three consecutive years' experience in the |
|
investigative field as an employee[, manager,] or owner of an |
|
investigations company or satisfy other requirements set by the |
|
commission [board]. |
|
(b) The applicant's experience must be: |
|
(1) reviewed by the department [board or the chief
|
|
administrator]; and |
|
(2) determined to be adequate to qualify the applicant |
|
to engage in the business of an investigations company. |
|
SECTION 5.036. Section 1702.115, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.115. ADDITIONAL QUALIFICATIONS FOR SECURITY |
|
SERVICES CONTRACTOR LICENSE. (a) An applicant for a company |
|
license to engage in the business of a security services contractor |
|
[or the applicant's manager] must have, before the date of the |
|
application, two consecutive years' experience in each security |
|
services field for which the person applies as an employee[,
|
|
manager,] or owner of a security services contractor or satisfy |
|
other requirements set by the commission [board]. |
|
(b) The applicant's experience must have been obtained |
|
legally and must be: |
|
(1) reviewed by the department [board or the chief
|
|
administrator]; and |
|
(2) determined to be adequate to qualify the applicant |
|
to engage in the business of a security services contractor. |
|
SECTION 5.037. Section 1702.117, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.117. EXAMINATION. (a) The department [board] |
|
shall require an applicant for a company license under this chapter |
|
[or the applicant's manager] to demonstrate qualifications in the |
|
person's company license classification, including knowledge of |
|
applicable state laws and commission [board] rules, by taking an |
|
examination to be determined by the commission [board]. |
|
(b) Payment of the application fee entitles the applicant |
|
[or the applicant's manager] to take one examination without |
|
additional charge. A person who fails the examination must pay a |
|
reexamination fee to take a subsequent examination. |
|
(c) The commission [board] shall set the reexamination fee |
|
in an amount not to exceed the amount of the renewal fee for the |
|
company license classification for which application was made. |
|
(d) The department [board] shall develop and provide to a |
|
person who applies to take the examination under Subsection (a) |
|
material containing all applicable state laws and commission |
|
[board] rules. |
|
SECTION 5.038. Section 1702.118, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.118. EXAMINATION RESULTS. (a) Not later than |
|
the 30th day after the date a person takes a licensing examination |
|
under this chapter, the department [board] shall notify the person |
|
of the examination results. |
|
(b) If an examination is graded or reviewed by a testing |
|
service: |
|
(1) the department [board] shall notify the person of |
|
the examination results not later than the 14th day after the date |
|
the department [board] receives the results from the testing |
|
service; and |
|
(2) if notice of the examination results will be |
|
delayed for longer than 90 days after the examination date, the |
|
department [board] shall notify the person of the reason for the |
|
delay before the 90th day. |
|
(c) The department [board] may require a testing service to |
|
notify a person of the results of the person's examination. |
|
(d) If requested in writing by a person who fails a |
|
licensing examination administered under this chapter, the |
|
department [board] shall furnish the person with an analysis of the |
|
person's performance on the examination. |
|
SECTION 5.039. Section 1702.1183, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.1183. RECIPROCAL COMPANY LICENSE FOR CERTAIN |
|
APPLICANTS. (a) The department [board] may waive any prerequisite |
|
to obtaining a company license for an applicant who holds a company |
|
license issued by another jurisdiction with which this state has a |
|
reciprocity agreement. |
|
(b) The commission [board] may make an agreement, subject to |
|
the approval of the governor, with another state to allow for |
|
licensing by reciprocity. |
|
(c) The commission [board] shall adopt rules under which the |
|
commission [board] may waive any prerequisite to obtaining a |
|
company license for, and credit experience for a company license |
|
requirement to, an individual who the commission [board] determines |
|
has acceptable experience gained during service in a branch of the |
|
United States armed forces, including the United States Coast |
|
Guard. |
|
SECTION 5.040. Section 1702.1186, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.1186. PROVISIONAL COMPANY LICENSE. (a) The |
|
department [board] may issue a provisional company license to an |
|
applicant currently licensed in another jurisdiction who seeks an |
|
equivalent company license in this state and who: |
|
(1) has been licensed in good standing as an |
|
investigations company or security services contractor for at least |
|
two years in another jurisdiction, including a foreign country, |
|
that has licensing requirements substantially equivalent to the |
|
requirements of this chapter; |
|
(2) has passed a national or other examination |
|
recognized by the commission [board] relating to the practice of |
|
private investigations or security services contracting; and |
|
(3) is sponsored by a person licensed by the |
|
department [board] under this chapter with whom the provisional |
|
company license holder will practice during the time the person |
|
holds a provisional company license. |
|
(b) A provisional company license is valid until the date |
|
the department [board] approves or denies the provisional company |
|
license holder's application for a company license. The department |
|
[board] shall issue a company license under this chapter to the |
|
provisional company license holder if: |
|
(1) the provisional company license holder is eligible |
|
to be licensed under Section 1702.1183; or |
|
(2) the provisional company license holder: |
|
(A) passes the part of the examination under |
|
Section 1702.117(a) that relates to the applicant's knowledge and |
|
understanding of the laws and rules relating to the practice of an |
|
investigations company or security services contractor in this |
|
state; |
|
(B) is verified by the department [board] as |
|
meeting the academic and experience requirements for a company |
|
license under this chapter; and |
|
(C) satisfies any other licensing requirements |
|
under this chapter. |
|
(c) The department [board] must approve or deny a |
|
provisional company license holder's application for a company |
|
license not later than the 180th day after the date the provisional |
|
company license is issued. The department [board] may extend the |
|
180-day period if the results of an examination have not been |
|
received by the department [board] before the end of that period. |
|
(d) The commission [board] may establish a fee for |
|
provisional company licenses in an amount reasonable and necessary |
|
to cover the cost of issuing the company license. |
|
SECTION 5.041. Section 1702.122, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.122. TEMPORARY CONTINUATION OF COMPANY LICENSE |
|
HOLDER'S BUSINESS. Under the terms provided by commission [board] |
|
rule, a company license holder's business may continue for a |
|
temporary period if the individual on the basis of whose |
|
qualifications a company license under this chapter has been |
|
obtained ceases to be connected with the company license holder. |
|
SECTION 5.042. Section 1702.123, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.123. INSURANCE; BOND. (a) A company license |
|
holder shall maintain on file with the department [board] at all |
|
times the surety bond and certificate of insurance required by this |
|
chapter. |
|
(b) The commission [board] shall immediately suspend the |
|
company license of a company license holder who violates Subsection |
|
(a). |
|
(c) The commission [board] may rescind the company license |
|
suspension if the company license holder provides proof to the |
|
commission [board] that the bond or the insurance coverage is still |
|
in effect. The company license holder must provide the proof in a |
|
form satisfactory to the commission [board] not later than the 10th |
|
day after the date the company license is suspended. |
|
(d) After suspension of the company license, the commission |
|
[board] may not reinstate the company license until an application, |
|
in the form prescribed by the commission [board], is filed |
|
accompanied by a proper bond, insurance certificate, or both. The |
|
commission [board] may deny the application notwithstanding the |
|
applicant's compliance with this section: |
|
(1) for a reason that would justify suspending, |
|
revoking, or denying a company license; or |
|
(2) if, during the suspension, the applicant performs |
|
a practice for which a company license is required. |
|
SECTION 5.043. Sections 1702.124(a), (b), and (f), |
|
Occupations Code, are amended to read as follows: |
|
(a) An applicant is not eligible for a company license |
|
unless the applicant provides as part of the application: |
|
(1) a certificate of insurance or other documentary |
|
evidence of a general liability insurance policy countersigned by |
|
an insurance agent licensed in this state; or |
|
(2) a certificate of insurance for surplus lines |
|
coverage obtained under Chapter 981, Insurance Code, through a |
|
licensed Texas surplus lines agent resident in this state. |
|
(b) The general liability insurance policy must be |
|
conditioned to pay on behalf of the company license holder damages |
|
that the company license holder becomes legally obligated to pay |
|
because of bodily injury, property damage, or personal injury, |
|
caused by an event involving the principal, or an officer, agent, or |
|
employee of the principal, in the conduct of any activity or service |
|
for which the company license holder is licensed under this |
|
chapter. |
|
(f) In addition to the requirements of this section, an |
|
applicant or company license holder shall provide and maintain a |
|
certificate of insurance or other documentary evidence of insurance |
|
sufficient to cover all of the business activities of the applicant |
|
or company license holder related to private security. |
|
SECTION 5.044. Section 1702.125, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.125. BOND REQUIREMENT. A bond executed and filed |
|
with the department [board] under this chapter remains in effect |
|
until the surety terminates future liability by providing to the |
|
department [board] at least 30 days' notice of the intent to |
|
terminate liability. |
|
SECTION 5.045. Section 1702.127, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.127. COMPANY LICENSE HOLDER EMPLOYEES; RECORDS. |
|
(a) A company license holder may be legally responsible for the |
|
conduct in the company license holder's business of each employee |
|
of the company license holder while the employee is performing |
|
assigned duties for the company license holder. |
|
(b) A company license holder shall maintain a record |
|
containing information related to the company license holder's |
|
employees as required by the commission [board]. |
|
(c) A company license holder shall maintain for inspection |
|
by the department at the company license holder's principal place |
|
of business or branch office two recent color photographs, of a type |
|
required by the commission [board], of each applicant, individual |
|
license holder [registrant], commissioned security officer, and |
|
employee of the company license holder. |
|
(d) A company license holder shall maintain records |
|
required under this chapter at a physical address within this state |
|
and provide that address to the department [board]. |
|
SECTION 5.046. Section 1702.128, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.128. POSTING OF COMPANY LICENSE REQUIRED. A |
|
company license holder shall at all times post[:
|
|
[(1)] the person's license in a conspicuous place in: |
|
(1) the principal place of business of the company |
|
license holder; and |
|
(2) each branch office [license in a conspicuous place
|
|
in each branch office] of the company license holder. |
|
SECTION 5.047. Section 1702.129, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.129. NOTICE OF CERTAIN CHANGES; BRANCH OFFICES. |
|
(a) A company license holder shall notify the department [board] |
|
not later than the 14th day after the date of: |
|
(1) a change of address for the company license |
|
holder's principal place of business; |
|
(2) a change of a name under which the company license |
|
holder does business; or |
|
(3) a change in the company license holder's officers |
|
or partners. |
|
(b) A company license holder shall notify the department |
|
[board] in writing not later than the 14th day after the date a |
|
branch office: |
|
(1) is established; |
|
(2) is closed; or |
|
(3) changes address or location. |
|
SECTION 5.048. Section 1702.130(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A company license holder, or an officer, director, |
|
partner, [manager,] or employee of a company license holder, may |
|
not: |
|
(1) use a title, an insignia, or an identification |
|
card, wear a uniform, or make a statement with the intent to give an |
|
impression that the person is connected with the federal |
|
government, a state government, or a political subdivision of a |
|
state government; or |
|
(2) use a title, an insignia, or an identification |
|
card or wear a uniform containing the designation "police." |
|
SECTION 5.049. Section 1702.131, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.131. ADVERTISING. An advertisement by a company |
|
license holder soliciting or advertising business must contain the |
|
company license holder's company name and address as stated in |
|
department [board] records. |
|
SECTION 5.050. Section 1702.132, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.132. REPORTS TO EMPLOYER OR CLIENT. (a) A |
|
written report submitted to a company license holder's employer or |
|
client may only be submitted by the company license holder [or
|
|
manager] or a person authorized by a company license holder [or
|
|
manager]. The person submitting the report shall exercise |
|
diligence in determining whether the information in the report is |
|
correct. |
|
(b) A company license holder or an officer, director, |
|
partner, [manager,] or employee of a company license holder may not |
|
knowingly make a false report to the employer or client for whom |
|
information is obtained. |
|
SECTION 5.051. Section 1702.133, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.133. CONFIDENTIALITY; INFORMATION RELATING TO |
|
CRIMINAL OFFENSE. (a) A company license holder or an officer, |
|
director, or partner[, or manager] of a company license holder may |
|
not disclose to another information obtained by the person for an |
|
employer or client except: |
|
(1) at the direction of the employer or client; or |
|
(2) as required by state law or court order. |
|
(b) A company license holder or an officer, director, or |
|
partner[, or manager] of a company license holder shall disclose to |
|
a law enforcement officer or a district attorney, or that |
|
individual's representative, information the person obtains that |
|
relates to a criminal offense. A private investigator who is |
|
working under the direct supervision of a licensed attorney |
|
satisfies this requirement by disclosing the information to the |
|
supervising attorney. |
|
SECTION 5.052. The heading to Section 1702.134, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 1702.134. COMPANY LICENSE HOLDER EXEMPTIONS FROM |
|
CERTAIN LOCAL REGULATIONS. |
|
SECTION 5.053. Sections 1702.134(a) and (b), Occupations |
|
Code, are amended to read as follows: |
|
(a) A company license holder or an employee of a company |
|
license holder is not required to obtain an authorization, permit, |
|
franchise, or license from, pay another fee or franchise tax to, or |
|
post a bond in a municipality, county, or other political |
|
subdivision of this state to engage in business or perform a service |
|
authorized under this chapter. |
|
(b) A municipality, county, or other political subdivision |
|
of this state may not require a payment for the use of municipal, |
|
county, or other public facilities in connection with a business or |
|
service provided by a company license holder, except that a |
|
municipality may impose and collect: |
|
(1) a reasonable charge for the use of a central alarm |
|
installation located in a police office that is owned, operated, or |
|
monitored by the municipality; and |
|
(2) reasonable inspection and reinspection fees in |
|
connection with a device that causes at least five false alarms in a |
|
12-month period. |
|
SECTION 5.054. Section 1702.161(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) An individual employed as a security officer may not |
|
knowingly carry a firearm during the course of performing duties as |
|
a security officer unless the department [board] has issued a |
|
security officer commission to the individual. |
|
SECTION 5.055. Section 1702.162, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.162. EMPLOYER'S APPLICATION FOR SECURITY OFFICER |
|
COMMISSION. The employer of a security officer who applies for a |
|
security officer commission for the officer must submit an |
|
application to the department [board] on a form provided by the |
|
department [board]. |
|
SECTION 5.056. Section 1702.163(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) An applicant employed by a company license holder is not |
|
eligible for a security officer commission unless the applicant |
|
submits as part of the application satisfactory evidence that the |
|
applicant has: |
|
(1) completed the basic training course at a school or |
|
under an instructor approved by the department [board]; |
|
(2) met each qualification established by this chapter |
|
and administrative rule; |
|
(3) achieved the score required by the department |
|
[board] on the examination under Section 1702.1685; and |
|
(4) demonstrated to the satisfaction of the firearm |
|
training instructor that the applicant has complied with other |
|
department [board] standards for minimum marksmanship competency |
|
with a handgun. |
|
SECTION 5.057. Section 1702.165, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.165. ISSUANCE OF SECURITY OFFICER COMMISSION; |
|
POCKET CARD. (a) The [board, with the concurrence of the] |
|
department: |
|
(1) may issue a security officer commission to an |
|
individual employed as a uniformed security officer; and |
|
(2) shall issue a security officer commission to a |
|
qualified employee of an armored car company that is a carrier |
|
conducting the armored car business under a federal or state permit |
|
or certificate. |
|
(b) A security officer commission issued under this section |
|
must be in the form of a pocket card designed by the department |
|
[board] that identifies the security officer. |
|
SECTION 5.058. Section 1702.167, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.167. TERMINATION OF EMPLOYMENT AS COMMISSIONED |
|
SECURITY OFFICER; TRANSFER OF COMMISSION. The holder of a security |
|
officer commission who terminates employment with one employer may |
|
transfer the individual's commission to a new employer if, not |
|
later than the 14th day after the date the individual begins the new |
|
employment, the new employer notifies the department [board] of the |
|
transfer of employment on a form prescribed by the department |
|
[board], accompanied by payment of the employee information update |
|
fee. |
|
SECTION 5.059. Sections 1702.1675(a), (b), (c), (d), (e), |
|
(f), and (i), Occupations Code, are amended to read as follows: |
|
(a) The commission [board] shall establish a basic training |
|
course for commissioned security officers. The course must |
|
include, at a minimum: |
|
(1) general security officer training issues; |
|
(2) classroom instruction on handgun proficiency; and |
|
(3) range instruction on handgun proficiency. |
|
(b) The course must be offered and taught by schools and |
|
instructors approved by the department [board]. To receive |
|
department [board] approval, a school or an instructor must submit |
|
an application to the department [board] on a form provided by the |
|
department [board]. |
|
(c) The basic training course established under this |
|
section [approved by the board] must consist of a minimum of 30 |
|
hours. |
|
(d) The general security officer training portion of the |
|
course must include instruction on: |
|
(1) [board rules and] applicable rules and state laws; |
|
(2) field note taking and report writing; and |
|
(3) any other topics of security officer training |
|
curriculum the department [board] considers necessary. |
|
(e) The department [board] shall develop a commissioned |
|
security officer training manual that contains applicable state |
|
laws and [board] rules to be used in the instruction and training of |
|
commissioned security officers. |
|
(f) The commission [board] shall adopt rules necessary to |
|
administer the provisions of this section concerning the training |
|
requirements of this chapter. |
|
(i) The commission [board] by rule shall establish minimum |
|
standards for handgun proficiency that are at least as stringent as |
|
the standards for handgun proficiency developed [by the public
|
|
safety director] under Section 411.188, Government Code. |
|
SECTION 5.060. Section 1702.168, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.168. FIREARM REQUIREMENTS. (a) In addition to |
|
the requirements of Section 1702.163(a), the commission [board] by |
|
rule shall establish other qualifications for individuals who are |
|
employed in positions requiring the carrying of firearms. The |
|
qualifications may include: |
|
(1) physical and mental standards; and |
|
(2) [standards of good moral character; and
|
|
[(3)] other requirements that relate to the competency |
|
and reliability of individuals to carry firearms. |
|
(b) The commission [board] shall prescribe appropriate |
|
forms and adopt rules by which evidence is presented that the |
|
requirements are fulfilled. |
|
SECTION 5.061. Sections 1702.1685(b) and (d), Occupations |
|
Code, are amended to read as follows: |
|
(b) Only a department-approved [board-approved] instructor |
|
may administer the handgun proficiency examination. |
|
(d) The school shall maintain the records of the required |
|
proficiency and make the records available for inspection by the |
|
department [board]. |
|
SECTION 5.062. Section 1702.171, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.171. SECURITY OFFICER COMMISSION RECORDS. The |
|
commission [board] shall adopt rules for the maintenance of records |
|
relating to an individual to whom the department [board] has issued |
|
a security officer commission. |
|
SECTION 5.063. The heading to Subchapter H, Chapter 1702, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER H. EMPLOYMENT OF COMMISSIONED SECURITY OFFICER BY |
|
CERTAIN PERSONS; [LETTER OF AUTHORITY] REQUIREMENTS |
|
SECTION 5.064. Section 1702.181, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.181. NOTICE AND REGISTRATION [LETTER OF
|
|
AUTHORITY] REQUIRED; REGISTRY. (a) The security department of a |
|
private business or a political subdivision may not employ a |
|
commissioned security officer unless the security department |
|
provides notice to the department in the form prescribed by the |
|
commission of: |
|
(1) the security department's intent to employ a |
|
commissioned security officer and register with the department |
|
under this section; |
|
(2) the name, title, and contact information of the |
|
person serving in the security department as the contact for the |
|
department; and |
|
(3) any change in the information provided in |
|
Subdivision (1) or (2) [holds a letter of authority]. |
|
(b) The department shall maintain a registry of security |
|
departments that provide notice under Subsection (a) and the name, |
|
title, and contact information of the person serving as contact for |
|
each security department. |
|
SECTION 5.065. The heading to Subchapter I, Chapter 1702, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER I. PERSONAL PROTECTION OFFICER LICENSE [ENDORSEMENT] |
|
REQUIREMENTS |
|
SECTION 5.066. Section 1702.201, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.201. PERSONAL PROTECTION OFFICER LICENSE |
|
[ENDORSEMENT] REQUIRED. An individual may not act as a personal |
|
protection officer unless the individual holds a personal |
|
protection officer license [endorsement]. |
|
SECTION 5.067. Section 1702.203, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.203. APPLICATION FOR PERSONAL PROTECTION OFFICER |
|
LICENSE [ENDORSEMENT]. An applicant for a personal protection |
|
officer license [endorsement] must submit a written application on |
|
a form prescribed by the commission [board]. |
|
SECTION 5.068. Section 1702.204, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.204. PERSONAL PROTECTION OFFICER LICENSE |
|
[ENDORSEMENT]; QUALIFICATIONS. (a) An applicant for a personal |
|
protection officer license [endorsement] must be at least 21 years |
|
of age and must provide: |
|
(1) a certificate of completion of the basic security |
|
officer training course; |
|
(2) proof that the applicant: |
|
(A) has been issued a security officer |
|
commission; |
|
(B) is employed at the time of application by an |
|
investigations company or guard company licensed by the department |
|
[board]; and |
|
(C) has completed the required training in |
|
nonlethal self-defense or defense of a third person; and |
|
(3) proof of completion and the results of the |
|
Minnesota Multiphasic Personality Inventory psychological testing. |
|
(b) The commission [board] by rule shall require an |
|
applicant for a personal protection officer license [endorsement] |
|
to complete the Minnesota Multiphasic Personality Inventory test. |
|
The department [board] may use the results of the test to evaluate |
|
the applicant's psychological fitness. |
|
SECTION 5.069. Section 1702.205(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The commission [board] shall establish a 15-hour course |
|
for a personal protection officer consisting of training in |
|
nonlethal self-defense or defense of a third person. |
|
SECTION 5.070. Section 1702.206(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) An individual acting as a personal protection officer |
|
may not carry a firearm unless the officer: |
|
(1) is either: |
|
(A) engaged in the exclusive performance of the |
|
officer's duties as a personal protection officer for the employer |
|
under whom the officer's personal protection officer license |
|
[endorsement] is issued; or |
|
(B) traveling to or from the officer's place of |
|
assignment; and |
|
(2) carries the officer's security officer commission |
|
and personal protection officer license [endorsement] on the |
|
officer's person while performing the officer's duties or traveling |
|
as described by Subdivision (1) and presents the commission and |
|
license [endorsement] on request. |
|
SECTION 5.071. The heading to Subchapter J, Chapter 1702, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER J. LICENSING AND [REGISTRATION AND ENDORSEMENT
|
|
REQUIREMENTS;] DUTIES OF INDIVIDUALS [REGISTRANT AND ENDORSEMENT
|
|
HOLDER] |
|
SECTION 5.072. Section 1702.221, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.221. INDIVIDUAL LICENSE [REGISTRATION AND
|
|
ENDORSEMENT] REQUIRED. (a) To perform any activity regulated by |
|
this chapter, the individual must: |
|
(1) [register in accordance with the requirements of
|
|
this chapter and related administrative rules;
|
|
[(2)] obtain the proper individual license |
|
[endorsement] under Subsection (b); and |
|
(2) [(3)] be employed by a company license holder |
|
[licensed under this chapter]. |
|
(b) An individual must obtain the appropriate individual |
|
license [endorsement] in accordance with the requirements of this |
|
chapter and related administrative rules if the individual: |
|
(1) is employed as: |
|
(A) an alarm instructor; |
|
(B) an alarm systems installer; |
|
(C) an alarm systems monitor; |
|
(D) an electronic access control device |
|
installer; |
|
(E) a level 3 classroom or firearm instructor; |
|
(F) a locksmith; |
|
(G) [a dog trainer;
|
|
[(H) a manager or branch office manager;
|
|
[(I)] a noncommissioned security officer; |
|
(H) [(J)] a level 4 personal protection |
|
instructor; |
|
(I) [(K)] a private investigator; or |
|
(J) [(L) a private security consultant;
|
|
[(M) a security salesperson; or
|
|
[(N)] an individual whose duties include |
|
performing another activity for which an individual license |
|
[endorsement] is required under Subsection (e); or |
|
(2) is an owner who owns at least a 51 percent interest |
|
in a company license holder [who oversees the security-related
|
|
aspects of the business, officer, partner, or shareholder of a
|
|
license holder]. |
|
(c) Licensure [Registration and endorsement] under this |
|
chapter does not preclude an individual from performing additional |
|
duties or services authorized by the individual's employer that are |
|
not regulated by this chapter. An individual who performs more than |
|
one of the services that require an individual license [an
|
|
endorsement] under this section must obtain an individual license |
|
[an endorsement] for each service. |
|
(d) In addition to the services listed in Subsection (b), a |
|
person holding a security officer commission must also obtain an |
|
individual license [an endorsement] for personal protection if the |
|
individual performs the services described by Section 1702.202. |
|
(e) The commission [board] by rule may require a person to |
|
hold an individual license [an endorsement] for performing any |
|
other activity expressly regulated by this chapter. |
|
SECTION 5.073. Section 1702.2226(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) A person licensed [registered] as an electronic access |
|
control device installer may not install alarm systems unless the |
|
person holds an individual license [an endorsement] under this |
|
chapter as an alarm systems installer. |
|
SECTION 5.074. Section 1702.229, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.229. QUALIFICATIONS FOR INDIVIDUAL LICENSE |
|
[REGISTRATION]. (a) An applicant for an individual license |
|
[registration] must meet the qualifications required under Section |
|
1702.113 for a company license applicant. |
|
(b) The commission [In accordance with the requirements of
|
|
Section 1702.0611, the board] by rule may adopt additional |
|
qualifications for an individual to obtain an individual license |
|
[be registered] under this subchapter. |
|
SECTION 5.075. Section 1702.230, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.230. APPLICATION FOR INDIVIDUAL LICENSE |
|
[REGISTRATION OR ENDORSEMENT]. (a) An application for an |
|
individual license [registration or endorsement] must be verified |
|
and include: |
|
(1) the applicant's full name, residence address, |
|
residence telephone number, date and place of birth, and social |
|
security number; |
|
(2) a statement that: |
|
(A) lists each name used by the applicant, other |
|
than the name by which the applicant is known at the time of |
|
application, and an explanation stating each place where each name |
|
was used, the date of each use, and a full explanation of the |
|
reasons the name was used; or |
|
(B) states that the applicant has never used a |
|
name other than the name by which the applicant is known at the time |
|
of application; |
|
(3) the name and address of the applicant's employer |
|
[and, if applicable, the applicant's consulting firm]; |
|
(4) the date the employment described by Subdivision |
|
(3) commenced; |
|
(5) a letter from the company license holder |
|
requesting that the applicant be issued an individual license [be
|
|
registered or endorsed]; |
|
(6) the title of the position occupied by the |
|
applicant and a description of the applicant's duties; |
|
(7) the required fees, including the criminal history |
|
check fee established under Section 1702.282; |
|
(8) fingerprints of the applicant provided in the |
|
manner prescribed by the department [board]; and |
|
(9) any other information, evidence, statement, or |
|
document required by the department [board]. |
|
(b) The employer of the applicant shall make a reasonable |
|
attempt to verify the information required under Subsection (a)(1) |
|
before the earlier of: |
|
(1) the date the application is submitted; or |
|
(2) the date the applicant begins to perform the |
|
duties of employment that require an individual license |
|
[registration]. |
|
(c) An applicant must submit an application that |
|
substantially meets the requirements of this section before |
|
employment in a capacity for which an individual license |
|
[registration] is required. |
|
(d) For purposes of Subsection (a), an application is not |
|
considered to be verified until the department [board] has received |
|
electronic verification from the department or the Federal Bureau |
|
of Investigation, as applicable, that the applicant has submitted |
|
the applicant's fingerprints. |
|
(e) The department [board] shall make information available |
|
to the public concerning whether an applicant for an individual |
|
license [registration or endorsement] has met the requirements |
|
under this chapter for performing a service for which the |
|
individual license [registration or endorsement] is required. |
|
(f) If information concerning an applicant is not made |
|
available under Subsection (e) before the 48th hour after the time |
|
the applicant's fingerprints are submitted in accordance with |
|
Subsection (a), the applicant may begin performing the duties of |
|
employment for which the individual license [registration or
|
|
endorsement] is required, other than duties as a commissioned |
|
security officer, if the employer or its agent: |
|
(1) verifies through the department's publicly |
|
accessible website that the applicant is: |
|
(A) not disqualified for the individual license |
|
[registration or endorsement] based on the applicant's criminal |
|
history; and |
|
(B) not required to register as a sex offender |
|
under Chapter 62, Code of Criminal Procedure; and |
|
(2) maintains in the applicant's employee file a copy |
|
of the search results obtained under Subdivision (1). |
|
SECTION 5.076. Section 1702.2305, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.2305. PROVISIONAL INDIVIDUAL LICENSE |
|
[REGISTRATION]. (a) The department [board] may issue a |
|
provisional individual license [registration] to an applicant |
|
currently licensed [registered] in another jurisdiction who seeks |
|
an equivalent license [registration] in this state and who: |
|
(1) has been licensed [registered] in good standing in |
|
the field in which the individual license [registration] is sought |
|
for at least two years in another jurisdiction, including a foreign |
|
country, that has licensing [registration] requirements |
|
substantially equivalent to the requirements of this chapter; |
|
(2) has passed a national or other examination |
|
recognized by the commission [board] relating to practice in the |
|
field in which the individual license [registration] is sought; and |
|
(3) is employed by a company license holder [person
|
|
licensed by the board under this chapter] with whom the provisional |
|
individual license holder [registration holder] will practice |
|
during the time the person holds a provisional individual license |
|
[registration]. |
|
(b) A provisional individual license [registration] is |
|
valid until the date the department [board] approves or denies the |
|
provisional individual license [registration] holder's application |
|
for an individual license [a registration]. The department [board] |
|
shall issue an individual license [a registration] under this |
|
chapter to the provisional individual license [registration] |
|
holder if the provisional individual license [registration] holder |
|
is eligible to be licensed [registered] under this chapter. |
|
(c) The department [board] must approve or deny a |
|
provisional individual license [registration] holder's application |
|
for an individual license [a registration] not later than the 180th |
|
day after the date the provisional individual license |
|
[registration] is issued. The department [board] may extend the |
|
180-day period if the results of an examination have not been |
|
received by the department [board] before the end of that period. |
|
(d) The commission [board] may establish a fee for a |
|
provisional individual license [registration] in an amount |
|
reasonable and necessary to cover the cost of issuing the |
|
individual license [registration]. |
|
SECTION 5.077. Section 1702.232, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.232. POCKET CARDS. (a) The department [board] |
|
shall issue a pocket card for each individual license holder |
|
[registrant] under this chapter. A pocket card for an owner[,
|
|
officer, partner, or shareholder] of a company license holder shall |
|
be issued to the company license holder. |
|
(b) The department [board] shall determine the size, |
|
design, and content of the pocket card. |
|
(c) The pocket card must: |
|
(1) state the name of the individual license holder |
|
[registrant]; |
|
(2) contain a color photograph, affixed to the pocket |
|
card by the department [board] at the time the card is issued, and |
|
the signature of the individual license holder [registrant]; and |
|
(3) state the date the card was issued and the card's |
|
expiration date[; and
|
|
[(4)
state each endorsement held by the registrant and
|
|
the date the endorsement expires]. |
|
SECTION 5.078. Section 1702.233, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.233. DURATION OF POCKET CARDS. A pocket card |
|
issued for an individual license holder [a registrant is valid for
|
|
two years and] expires on the date the individual license |
|
[registration] expires under Section 1702.301(b) [1702.301(d),
|
|
(e), or (f)]. |
|
SECTION 5.079. Section 1702.234, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.234. [REGISTRATION AND ENDORSEMENT] TRANSFER OF |
|
INDIVIDUAL LICENSE. An individual license holder [A registrant] |
|
may transfer the holder's license [registrant's registration and
|
|
endorsements] from one employer to another employer if, not later |
|
than the 14th day after the date the individual license holder |
|
[registrant] begins the new employment, the new employer notifies |
|
the department [board] of the transfer of employment on a form |
|
prescribed by the commission [board] accompanied by payment of the |
|
employee information update fee. |
|
SECTION 5.080. Section 1702.235, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.235. PREEMPLOYMENT CHECK FOR NONCOMMISSIONED |
|
SECURITY OFFICERS. A person may not hire a noncommissioned |
|
security officer unless the person conducts a preemployment check |
|
as required by commission [board] rule. |
|
SECTION 5.081. Section 1702.236, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.236. EXAMINATION AND TRAINING REQUIREMENTS FOR |
|
ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS. (a) The department |
|
[board] shall require an individual who applies for an individual |
|
license [endorsement] as an electronic access control device |
|
installer to pass an examination given by the department [board] or |
|
a person approved by the department [board]. The examination must |
|
cover material related to access control. |
|
(b) The commission [On and after September 1, 2005, the
|
|
board] by rule may allow an electronic access control device |
|
installer to obtain or renew an individual license [endorsement] by |
|
fulfilling the requirements of a commission-approved |
|
[board-approved], industry-based educational training program. |
|
SECTION 5.082. Section 1702.239, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.239. TRAINING REQUIREMENTS FOR ALARM SYSTEMS |
|
INSTALLER [AND SECURITY SALESPERSON]; EXAMINATION. (a) The |
|
commission [board] may require that an individual employed as an |
|
alarm systems installer [or security salesperson] hold a |
|
certification by a commission-approved [board-approved] training |
|
program to renew an individual license [endorsement]. The |
|
commission [board] may approve only nationally recognized training |
|
programs that consist of at least 16 hours of classroom study in the |
|
areas of work allowed by the individual license [endorsement]. To |
|
be approved, a training program must offer at least two |
|
certification programs each year, sufficient to complete the |
|
requirements of this subsection, within 100 miles of each county in |
|
the state that has a population of more than 500,000. |
|
(b) The commission [board] may require an individual who has |
|
completed a training program under Subsection (a) to pass an |
|
examination given by the department [board] or by a person approved |
|
by the department [board]. The commission [board] may approve |
|
examinations in conjunction with training programs approved under |
|
Subsection (a). The individual's performance on the examination |
|
must demonstrate the individual's qualifications to perform the |
|
duties allowed by the individual's individual license |
|
[endorsement]. |
|
(c) [An individual who holds a registration on September 30,
|
|
1993, is not required to comply with requirements adopted under
|
|
Subsections (a) and (b) during the time the individual maintains
|
|
the registration with the individual's current license holder.
|
|
[(d)] If the commission [board] requires certification or |
|
examination under this section, the commission [board] shall adopt |
|
[implement] rules to require that to renew an individual license |
|
[endorsement], an individual who is employed as an alarm systems |
|
installer [or a security salesperson] and who has already once |
|
renewed the individual license [endorsement] must obtain |
|
continuing education credits related to the line of work for which |
|
the individual is licensed. If the commission [board] requires the |
|
continuing education, the chief administrator must approve classes |
|
offered by nationally recognized organizations, and participants |
|
in the classes must qualify according to commission [board] rules. |
|
SECTION 5.083. Section 1702.240, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.240. [REGISTRATION] EXEMPTIONS FOR UNDERCOVER |
|
AGENT. (a) For the purposes of this section, "undercover agent" |
|
means an individual hired by a person to perform a job in or for that |
|
person, and while performing that job, to act as an undercover |
|
agent, an employee, or an independent contractor of a company |
|
license holder, but supervised by a company license holder. |
|
(b) An employee of a company license holder who is employed |
|
exclusively as an undercover agent is not required to obtain an |
|
individual license [register with the board]. |
|
SECTION 5.084. Section 1702.241, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.241. JURISPRUDENCE EXAMINATION. (a) The |
|
commission [board] may develop and the department may administer at |
|
least twice each calendar year a jurisprudence examination to |
|
determine the knowledge that an applicant for an individual license |
|
[endorsement] has of this chapter, commission [board] rules, and |
|
any other applicable laws of this state affecting the applicant's |
|
activities regulated under this chapter. |
|
(b) Before the department [board] may administer a |
|
jurisprudence examination under this section, the commission |
|
[board] shall adopt rules to implement this section, including |
|
rules related to the development and administration of the |
|
examination, examination fees, guidelines for reexamination, |
|
grading the examination, and providing notice of examination |
|
results. The department [board] may design different examinations |
|
for different types of individual licenses [endorsements]. |
|
SECTION 5.085. Section 1702.282, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.282. CRIMINAL HISTORY CHECK. (a) The department |
|
[board] shall conduct a criminal history check, including a check |
|
of any criminal history record information maintained by the |
|
Federal Bureau of Investigation, in the manner provided by |
|
Subchapter F, Chapter 411, Government Code, on each applicant for a |
|
license or[, registration,] security officer commission issued |
|
under this chapter[, letter of approval, permit, endorsement, or
|
|
certification]. As part of its criminal history check, the |
|
department [board] may request that the applicant provide certified |
|
copies of relevant court documents or other records. The failure to |
|
provide the requested records within a reasonable time as |
|
determined by the department [board] may result in the application |
|
being considered incomplete. An applicant is not eligible for a |
|
license or security officer[, registration,] commission issued |
|
under this chapter[, letter of approval, permit, endorsement, or
|
|
certification] if the check reveals that the applicant has |
|
committed an act that constitutes grounds for the denial of the |
|
license or[, registration,] commission[, letter of approval,
|
|
permit, endorsement, or certification]. Except as provided by |
|
Subsection (d), each applicant shall submit at the time of |
|
application, including an application for the renewal of a license |
|
or security officer[, registration,] commission issued under this |
|
chapter[, letter of approval, permit, endorsement, or
|
|
certification], fingerprints in the manner prescribed by the |
|
department [board] accompanied by the fee set by the commission |
|
[board]. |
|
(b) Before beginning employment as a commissioned security |
|
officer, the applicant must be approved by the department [board] |
|
based on the results of the check under Subsection (a). To continue |
|
employment in a capacity regulated under this chapter other than as |
|
a commissioned security officer, the applicant must be approved by |
|
the department [board] based on the results of the check under |
|
Subsection (a) not later than the 120th day after the date the |
|
applicant begins employment in that capacity. |
|
(c) A license or[, registration,] security officer |
|
commission[, letter of approval, permit, endorsement, or
|
|
certification] issued by the department [board] is conditional on |
|
the department's review [board's receipt] of criminal history |
|
record information. |
|
(d) An applicant who is a peace officer is not required to |
|
submit fingerprints with the applicant's application. On request, |
|
the law enforcement agency or other entity that employs the peace |
|
officer or the entity that maintains the peace officer's |
|
fingerprints shall provide the fingerprints for the peace officer |
|
to the department [board]. The applicant shall provide sufficient |
|
information to the department [board] to enable the department |
|
[board] to obtain the fingerprints under this subsection. |
|
(e) On receipt of notice that a check of the applicant's |
|
criminal record has uncovered an unresolved and potentially |
|
disqualifying arrest that occurred before the 10th anniversary of |
|
the date the application is filed, the applicant must provide a |
|
letter of reference from the county sheriff, prosecuting attorney, |
|
or judge of the county in which the applicant was arrested stating |
|
that a record of a disposition related to the arrest does not exist, |
|
and to the best of the county sheriff's, prosecuting attorney's, or |
|
judge's knowledge the applicant is free of any disqualifying |
|
convictions. If the applicant fails to provide either the letter of |
|
reference or documentary proof of the final disposition of the |
|
arrest, the application is considered incomplete and the applicant |
|
may not be issued a license or security officer[,] commission[,
|
|
endorsement, or certificate of registration] under this chapter. |
|
SECTION 5.086. Section 1702.283, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.283. CRUELTY TO ANIMALS. A person who has been |
|
convicted of cruelty to animals under Section 42.09 or 42.092, |
|
Penal Code,[:
|
|
[(1)
is ineligible for a license as a guard dog company
|
|
or for endorsement as a dog trainer; and
|
|
[(2)] may not be employed to work with dogs as a |
|
security officer by a security services contractor or security |
|
department of a private business that uses dogs to protect |
|
individuals or property or to conduct investigations. |
|
SECTION 5.087. Section 1702.284(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Information contained in alarm systems records |
|
maintained by a governmental body that concerns the location of an |
|
alarm system, the name of the occupant of an alarm system location, |
|
or the type of alarm system used is confidential and may be |
|
disclosed only to the department [board], to the alarm company to |
|
which the confidential records relate, or as otherwise required by |
|
state law or court order. |
|
SECTION 5.088. Section 1702.285, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.285. FALSE REPRESENTATION. A person may not |
|
represent falsely that the person: |
|
(1) is employed by a company license holder; or |
|
(2) has a license or security officer commission [is
|
|
licensed, registered, endorsed, or commissioned] under this |
|
chapter. |
|
SECTION 5.089. Sections 1702.288(a), (d), and (f), |
|
Occupations Code, are amended to read as follows: |
|
(a) The commission [board] shall adopt rules in accordance |
|
with this section that require a company license holder acting as an |
|
alarm systems company under this chapter to inform each of the |
|
license holder's clients that the client is entitled to receive a |
|
written contract for alarm system services that contains the |
|
client's fee arrangement and other relevant information about |
|
services to be rendered. |
|
(d) The rules shall require that, not later than the seventh |
|
day after the date of entering into a contract for services |
|
regulated by the department [board] with another alarm systems |
|
company or alarm systems monitor, an alarm systems company shall: |
|
(1) notify the recipient of those services of the |
|
name, address, and telephone number and individual to contact at |
|
the company that purchased the contract; |
|
(2) notify the recipient of services at the time the |
|
contract is negotiated that another licensed company may provide |
|
any of the services requested by subcontracting or outsourcing |
|
those services; and |
|
(3) if any of the services are subcontracted or |
|
outsourced to a licensed third party, notify the recipient of |
|
services, by mail, of the name, address, phone number, and license |
|
number of the company providing those services. |
|
(f) A company license holder acting as an alarm systems |
|
company does not have to provide the notice required under |
|
Subsection (d) if the contact information, including the address |
|
and the telephone numbers for the alarm systems company, has not |
|
changed. |
|
SECTION 5.090. Section 1702.289, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.289. INSPECTIONS. (a) An employee or agent of |
|
the department [or board, as applicable,] who enters the place of |
|
business of a person regulated under this chapter for the purpose of |
|
conducting an inspection or audit must: |
|
(1) notify the manager or owner of the business of the |
|
presence of the person conducting the inspection or audit; and |
|
(2) present the manager or owner of the business with |
|
credentials that identify the person conducting the inspection or |
|
audit as an employee or agent of the department [or board]. |
|
(b) This section does not prohibit the department [or board] |
|
from conducting an undercover investigation or covert audit in |
|
order to determine compliance with this chapter or a rule adopted |
|
under this chapter. |
|
SECTION 5.091. Sections 1702.301(b), (c), and (h), |
|
Occupations Code, are amended to read as follows: |
|
(b) A company license, individual license, and security |
|
officer commission expire on the dates determined by the commission |
|
under Section 411.511, Government Code, but not later than [expires
|
|
on] the second anniversary of the date the license or commission is |
|
issued. |
|
(c) A personal protection officer license [endorsement] |
|
expires on the date determined by the commission under Section |
|
411.511, Government Code, but not later than [on] the expiration |
|
date of the security officer commission under which the license |
|
[individual's endorsement] is issued. |
|
(h) A license[, registration, or endorsement] issued under |
|
this chapter, other than one specified in this section, expires on |
|
the date determined by the commission under Section 411.511, |
|
Government Code, but not later than the second anniversary of the |
|
date the license is issued [specified by this chapter or by board
|
|
rule]. |
|
SECTION 5.092. Sections 1702.302(a), (b), (c), and (e), |
|
Occupations Code, are amended to read as follows: |
|
(a) A person who is otherwise eligible to renew a license |
|
may renew an unexpired license by paying the required renewal fee to |
|
the department [board] before the expiration date of the license. A |
|
person whose license has expired may not engage in activities that |
|
require a license until the license has been renewed. |
|
(b) A person whose license has been expired for 90 days or |
|
less may renew the license by paying to the department [board] a |
|
renewal fee that is equal to 1-1/2 times the normally required |
|
renewal fee. |
|
(c) A person whose license has been expired for longer than |
|
90 days but less than one year may renew the license by paying to the |
|
department [board] a renewal fee that is equal to two times the |
|
normally required renewal fee. |
|
(e) Not later than the 30th day before the date a person's |
|
license is scheduled to expire, the department [board] shall send |
|
written notice of the impending expiration to the person at the |
|
person's last known address according to the department's [board's] |
|
records. |
|
SECTION 5.093. Section 1702.303, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE |
|
PRACTITIONER. A person who was licensed in this state, moved to |
|
another state, and is currently licensed and has been in practice in |
|
the other state for the two years preceding the date the person |
|
applies for renewal may obtain a new license without reexamination. |
|
The person must pay to the department [board] a fee that is equal to |
|
two times the normally required renewal fee for the license. |
|
SECTION 5.094. Sections 1702.308(b) and (c), Occupations |
|
Code, are amended to read as follows: |
|
(b) The department [board] shall recognize, prepare, or |
|
administer continuing education programs for company license |
|
holders, commissioned security officers, and individual license |
|
[endorsement] holders. The commission [board] shall set the |
|
minimum number of hours that must be completed and the types of |
|
programs that may be offered. |
|
(c) A company license holder, commissioned security |
|
officer, or individual license [endorsement] holder must |
|
participate in the programs to the extent required by the |
|
commission [board] to keep the person's license or[,] commission[,
|
|
or endorsement]. A company license holder, commissioned security |
|
officer, or individual license [endorsement] holder shall submit |
|
evidence of compliance with the commission's [board's] continuing |
|
education requirements in a manner prescribed by the department |
|
[board]. |
|
SECTION 5.095. Section 1702.309(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The commission [board] by rule shall develop a |
|
continuing education course required for renewal of a security |
|
officer commission. Only a department-approved [board-approved] |
|
instructor may administer the continuing education course. The |
|
course must include at least six hours of instruction determined by |
|
the department [chief administrator of the board]. |
|
SECTION 5.096. Sections 1702.321(b), (c), and (e), |
|
Occupations Code, are amended to read as follows: |
|
(b) The provisions of this chapter relating to security |
|
officer commissions apply to a person employed by a political |
|
subdivision whose duties include serving as a security guard, |
|
security watchman, or security patrolman on property owned or |
|
operated by the political subdivision if the governing body of the |
|
political subdivision files a written request with the department |
|
[board] for the department [board] to issue a commission to the |
|
political subdivision's employees with those duties. |
|
(c) The department [board] may not charge a fee for issuing |
|
a commission to an officer under Subsection (b). The department |
|
[board] shall issue to the officer a pocket card designating the |
|
political subdivision that employs the officer. |
|
(e) The department [board] may approve a security officer |
|
training program conducted by the political subdivision in |
|
accordance with Sections 1702.1675 and 1702.168. |
|
SECTION 5.097. Sections 1702.323(c) and (c-1), Occupations |
|
Code, are amended to read as follows: |
|
(c) The security department of a private business may not |
|
hire or employ an individual to perform a duty described by Section |
|
1702.222 if the individual has been convicted of a crime that would |
|
otherwise preclude the individual from being licensed [registered] |
|
under this chapter. The private business shall maintain the |
|
individual's criminal history record on file at the business and |
|
shall make the record available for inspection by the department |
|
[Department of Public Safety]. |
|
(c-1) Although the security department of a private |
|
business that hires or employs an individual as a private security |
|
officer to possess a firearm in the course and scope of the |
|
individual's duties is required to apply for a security officer |
|
commission for the individual under this chapter, the security |
|
department of a private business is not required to apply [to the
|
|
board] for any license under this chapter. |
|
SECTION 5.098. Section 1702.331(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) This chapter does not apply to: |
|
(1) an alarm systems company that sells, installs, |
|
services, monitors, or responds to only personal emergency response |
|
systems; |
|
(2) an alarm systems installer who installs, |
|
maintains, or repairs only personal emergency response systems; and |
|
(3) [a manager or branch office manager of an alarm
|
|
systems company described by Subdivision (1);
|
|
[(4)
a security salesperson who is employed by an
|
|
alarm systems company described by Subdivision (1) to sell services
|
|
offered by the company; and
|
|
[(5)] an owner[, officer, partner, or shareholder] of |
|
an alarm systems company described by Subdivision (1). |
|
SECTION 5.099. Sections 1702.332(c) and (d), Occupations |
|
Code, are amended to read as follows: |
|
(c) To qualify for the exemption provided by Subsection (b), |
|
a telematics service provider shall[:
|
|
[(1)] establish business practices and procedures |
|
that are at least as stringent as the guidelines established by the |
|
Association of Public Safety Communications Officials |
|
International regarding the communication of information from |
|
telematics service providers to public safety agencies[; and
|
|
[(2) pay an annual fee of $2,500 to the department]. |
|
(d) The commission [department] may adopt rules necessary |
|
to carry out the purposes of this section, including rules to |
|
determine whether a telematics service provider is complying with |
|
Subsection (c). |
|
SECTION 5.100. Section 1702.361, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.361. DENIAL AND DISCIPLINARY ACTIONS; GROUNDS. |
|
(a) The commission [department], for conduct described by |
|
Subsection (b), may: |
|
(1) deny an application or revoke, suspend, or refuse |
|
to renew a license[, registration, endorsement,] or security |
|
officer commission; |
|
(2) reprimand a license holder[, registrant,] or |
|
commissioned security officer; or |
|
(3) place on probation a person whose license[,
|
|
registration, endorsement,] or security officer commission has |
|
been suspended. |
|
(b) The commission [department] shall take disciplinary |
|
action described by Subsection (a) on proof: |
|
(1) that the applicant, license holder, [manager or] |
|
majority owner of a license holder, [registrant, endorsement
|
|
holder,] or commissioned security officer has: |
|
(A) violated this chapter or a rule adopted under |
|
this chapter; |
|
(B) become ineligible for licensure[,
|
|
registration, or endorsement under Section 1702.113,] or a security |
|
officer commission under Section 1702.163, if applicable, other |
|
than an action for which the department has taken summary action |
|
under Section 1702.364; |
|
(C) engaged in fraud, deceit, or |
|
misrepresentation; |
|
(D) made a material misstatement in an |
|
application for or renewal of a license[, registration,
|
|
endorsement,] or commission; |
|
(E) failed to pay in full an administrative |
|
penalty assessed under Subchapter R, Chapter 411, Government Code |
|
[Q], for which the commission [board] has issued a final order; or |
|
(F) performed any service for which an individual |
|
license [endorsement] is required under this chapter and either: |
|
(i) was not employed with a company |
|
licensed under this chapter at the time the service was performed; |
|
or |
|
(ii) performed the service for a company |
|
licensed under this chapter that was not listed on the individual's |
|
individual license [registration] without informing the department |
|
[board] of the individual's employment with the company within a |
|
reasonable period; or |
|
[(G)
failed to qualify a new manager within the
|
|
time required by board rule following the termination of a manager;
|
|
or] |
|
(2) that the company license holder employing an |
|
individual license holder [of a registrant] or commissioned |
|
security officer has submitted to the department sufficient |
|
evidence that the individual license holder [registrant] or |
|
commissioned security officer: |
|
(A) engaged in fraud or deceit while employed by |
|
the company license holder; or |
|
(B) committed theft while performing work as an |
|
individual license holder [a registrant] or commissioned security |
|
officer. |
|
(c) The commission [department] may place on probation a |
|
person whose license is suspended. If a person's suspension of a |
|
license is probated, the commission [department] may require the |
|
person: |
|
(1) to report regularly to the department on matters |
|
that are the basis of the suspension; |
|
(2) to limit practice to the areas prescribed by the |
|
commission [department]; or |
|
(3) to continue or review professional education until |
|
the person attains a degree of skill satisfactory to the commission |
|
[department] in those areas that are the basis of the probation. |
|
(d) The commission [department] may revoke a license[,
|
|
certificate, registration, endorsement,] or security officer |
|
commission if the person holding that credential under this chapter |
|
submits payment of a fee or penalty that is returned for |
|
insufficient funds and the person has received notice and an |
|
opportunity to provide payment in full. |
|
SECTION 5.101. Section 1702.363, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.363. APPLICATION OF ADMINISTRATIVE PROCEDURE |
|
ACT. Except as provided by Section [Sections 1702.3615(b) and] |
|
1702.364, a person regulated under this chapter against whom the |
|
commission [board] has taken action is entitled to a hearing before |
|
the State Office of Administrative Hearings. A proceeding under |
|
this section is a contested case that is governed by Chapter 2001, |
|
Government Code. |
|
SECTION 5.102. Sections 1702.364(a), (b), (c), (d), (e), |
|
and (f), Occupations Code, are amended to read as follows: |
|
(a) On receiving written notice from a law enforcement |
|
agency that a person has been charged with or convicted of an |
|
offense that would make the person ineligible for a license[,
|
|
certificate of registration, endorsement,] or security officer |
|
commission under Section 1702.113 or 1702.163, or a rule adopted |
|
under Section 1702.004(b), the commission [department] shall: |
|
(1) summarily deny the person's application for a |
|
license[, registration, endorsement,] or security officer |
|
commission; |
|
(2) in the event of pending charges, summarily suspend |
|
the person's license[, certificate of registration, endorsement,] |
|
or security officer commission; or |
|
(3) in the event of a conviction, summarily revoke the |
|
person's license[, certificate of registration, endorsement,] or |
|
security officer commission. |
|
(b) To initiate a proceeding to take action under Subsection |
|
(a), the department must serve notice to the person. The notice |
|
must: |
|
(1) inform the person of the person's right to a |
|
[preliminary] hearing before the department or the department's |
|
designee; |
|
(2) state the basis for the summary action; and |
|
(3) be personally served on the person or the person's |
|
authorized representative, or sent to the person by certified or |
|
registered mail, return receipt requested, to the person's mailing |
|
address as it appears in the department's records. |
|
(c) The action is effective at the time notice is served. |
|
The person shall immediately surrender to the department any |
|
[certificate of registration,] security officer commission, pocket |
|
card, or other form of identification issued by the department. |
|
(d) At a [preliminary] hearing under this section, the |
|
person must show cause why: |
|
(1) the application should not have been denied; |
|
(2) the [registration,] license[, endorsement,] or |
|
security officer commission should not have been suspended; or |
|
(3) the [registration,] license[, endorsement,] or |
|
commission should not have been revoked. |
|
(e) Chapter 2001, Government Code, applies [does not apply] |
|
to a proceeding under this section for the summary denial of an |
|
application for or the summary suspension or revocation of a |
|
license or security officer commission [the department's initial
|
|
action under this section or to a preliminary hearing before the
|
|
department under this section]. |
|
(f) The dismissal of a complaint, information, or |
|
indictment or an acquittal releases the person from automatic |
|
grounds for a summary denial of an application or summary |
|
suspension of a license or [registration, endorsement, or] security |
|
officer commission under this section. A conviction for the |
|
offense giving rise to a summary suspension is automatic grounds |
|
for immediate, summary revocation. |
|
SECTION 5.103. Section 1702.365, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.365. ABDUCTION OF CHILD. The commission [board] |
|
shall revoke a person's license[, registration, endorsement,] or |
|
security officer commission or deny a person's application for, or |
|
renewal of, a license[, registration, endorsement,] or security |
|
officer commission on proof that the person or an agent of the |
|
person has, after the date of application for a license[,
|
|
registration, endorsement,] or security officer commission, |
|
abducted or attempted to abduct by force or the threat of force or |
|
by misrepresentation, stealth, or unlawful entry a child who at the |
|
time of the abduction or attempt is under the care and control of a |
|
person who: |
|
(1) has custody or physical possession of the child |
|
under a court order; or |
|
(2) is exercising the care and control with the |
|
consent of a person who has custody or physical possession of the |
|
child under a court order. |
|
SECTION 5.104. Sections 1702.367(a), (c), (d), and (e), |
|
Occupations Code, are amended to read as follows: |
|
(a) For an investigation conducted under this chapter, if |
|
necessary to enforce this chapter or the commission [board's] rules |
|
adopted under this chapter, the department may issue an |
|
administrative subpoena to any person in this state compelling: |
|
(1) the production of information or documents; or |
|
(2) the attendance and testimony of a witness. |
|
(c) A person required to testify or to produce a record or |
|
document on any matter properly under inquiry by the department |
|
[board] who refuses to testify or to produce the record or document |
|
on the ground that the testimony or the production of the record or |
|
document would incriminate or tend to incriminate the person is |
|
nonetheless required to testify or to produce the record or |
|
document. A person who is required to testify or to produce a |
|
record or document under this subsection is not subject to |
|
indictment or prosecution for a transaction, matter, or thing |
|
concerning which the person truthfully testifies or produces |
|
evidence. |
|
(d) If a witness refuses to obey a subpoena or to give |
|
evidence relevant to proper inquiry by the department [board], the |
|
department [board] may petition a district court of the county in |
|
which the hearing is held to compel the witness to obey the subpoena |
|
or to give the evidence. The court shall immediately issue process |
|
to the witness and shall hold a hearing on the petition as soon as |
|
possible. |
|
(e) An investigator employed by the department [board] may |
|
take statements under oath in an investigation of a matter covered |
|
by this chapter. |
|
SECTION 5.105. Section 1702.368, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.368. NOTIFICATION OF CONVICTION FOR CERTAIN |
|
OFFENSES. The department shall notify the [board and the] police |
|
department of the municipality and the sheriff's department of the |
|
county in which a person licensed[, registered,] or commissioned |
|
under this chapter resides of the conviction of the person for a |
|
Class B misdemeanor or equivalent offense or a greater offense. |
|
SECTION 5.106. Section 1702.372, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 1702.372. RECUSAL OF COMMISSION [BOARD] MEMBER. |
|
(a) A commission [board] member who participated in the |
|
investigation of a complaint of a violation of this chapter or in |
|
informal settlement negotiations regarding the complaint: |
|
(1) may not vote on the matter at a commission [board] |
|
meeting related to the complaint; and |
|
(2) shall state at the meeting the reason for which the |
|
member is prohibited from voting on the matter. |
|
(b) A statement under Subsection (a)(2) shall be entered |
|
into the minutes of the meeting. |
|
SECTION 5.107. Section 1702.381(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) A person who contracts with or employs a person who is |
|
required to hold a license[, registration, endorsement,] or |
|
security officer commission under this chapter knowing that the |
|
person does not hold the required license[, registration,
|
|
endorsement,] or commission or who otherwise, at the time of |
|
contract or employment, is in violation of this chapter may be |
|
assessed a civil penalty to be paid to the state in an amount not to |
|
exceed $10,000 for each violation. |
|
SECTION 5.108. Section 1702.386(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person contracts with |
|
or employs a person who is required to hold a license[,
|
|
registration, endorsement,] or commission under this chapter |
|
knowing that the person does not hold the required license[,
|
|
registration, endorsement,] or commission or who otherwise, at the |
|
time of contract or employment, is in violation of this chapter. |
|
SECTION 5.109. Section 1702.3863(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person contracts with |
|
or is employed by a bail bond surety as defined by Chapter 1704 to |
|
secure the appearance of a person who has violated Section 38.10, |
|
Penal Code, unless the person is: |
|
(1) a peace officer; |
|
(2) an individual [endorsed or] licensed as a private |
|
investigator [or the manager of a licensed investigations company]; |
|
or |
|
(3) a commissioned security officer employed by a |
|
licensed guard company. |
|
SECTION 5.110. Section 1702.387(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person fails to |
|
surrender or immediately return to the department [board] the |
|
person's [registration,] commission, pocket card, or other |
|
identification issued to the person by the department under this |
|
chapter [board] on notification of a summary suspension or summary |
|
denial under Section 1702.364. |
|
SECTION 5.111. Section 1702.3875(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person: |
|
(1) impersonates a commissioned or noncommissioned |
|
security officer with the intent to induce another to submit to the |
|
person's pretended authority or to rely on the person's pretended |
|
acts of a security officer; or |
|
(2) knowingly purports to exercise any function that |
|
requires licensure [registration] as a noncommissioned security |
|
officer or a security officer commission. |
|
SECTION 5.112. Section 1702.388(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) An offense under this section is a Class A misdemeanor, |
|
except that the offense is a felony of the third degree if the |
|
person has previously been convicted under this chapter of failing |
|
to hold a license, [registration, endorsement,] certificate of |
|
insurance, or commission that the person is required to hold under |
|
this chapter. |
|
SECTION 5.113. Section 411.042(b), Government Code, is |
|
amended to read as follows: |
|
(b) The bureau of identification and records shall: |
|
(1) procure and file for record photographs, pictures, |
|
descriptions, fingerprints, measurements, and other pertinent |
|
information of all persons arrested for or charged with a criminal |
|
offense or convicted of a criminal offense, regardless of whether |
|
the conviction is probated; |
|
(2) collect information concerning the number and |
|
nature of offenses reported or known to have been committed in the |
|
state and the legal steps taken in connection with the offenses, and |
|
other information useful in the study of crime and the |
|
administration of justice, including information that enables the |
|
bureau to create a statistical breakdown of: |
|
(A) offenses in which family violence was |
|
involved; |
|
(B) offenses under Sections 22.011 and 22.021, |
|
Penal Code; and |
|
(C) offenses under Sections 20A.02, 43.02(a), |
|
43.02(b), 43.03, and 43.05, Penal Code; |
|
(3) make ballistic tests of bullets and firearms and |
|
chemical analyses of bloodstains, cloth, materials, and other |
|
substances for law enforcement officers of the state; |
|
(4) cooperate with identification and crime records |
|
bureaus in other states and the United States Department of |
|
Justice; |
|
(5) maintain a list of all previous background checks |
|
for applicants for any position regulated under Chapter 1702, |
|
Occupations Code, who have undergone a criminal history background |
|
check as required by that chapter [under Section 411.119], if the |
|
check indicates a Class B misdemeanor or equivalent offense or a |
|
greater offense; |
|
(6) collect information concerning the number and |
|
nature of protective orders and magistrate's orders of emergency |
|
protection and all other pertinent information about all persons |
|
subject to active orders, including pertinent information about |
|
persons subject to conditions of bond imposed for the protection of |
|
the victim in any family violence, sexual assault or abuse, |
|
stalking, or trafficking case. Information in the law enforcement |
|
information system relating to an active order shall include: |
|
(A) the name, sex, race, date of birth, personal |
|
descriptors, address, and county of residence of the person to whom |
|
the order is directed; |
|
(B) any known identifying number of the person to |
|
whom the order is directed, including the person's social security |
|
number or driver's license number; |
|
(C) the name and county of residence of the |
|
person protected by the order; |
|
(D) the residence address and place of employment |
|
or business of the person protected by the order, unless that |
|
information is excluded from the order under Article 17.292(e), |
|
Code of Criminal Procedure; |
|
(E) the child-care facility or school where a |
|
child protected by the order normally resides or which the child |
|
normally attends, unless that information is excluded from the |
|
order under Article 17.292(e), Code of Criminal Procedure; |
|
(F) the relationship or former relationship |
|
between the person who is protected by the order and the person to |
|
whom the order is directed; |
|
(G) the conditions of bond imposed on the person |
|
to whom the order is directed, if any, for the protection of a |
|
victim in any family violence, sexual assault or abuse, stalking, |
|
or trafficking case; |
|
(H) any minimum distance the person subject to |
|
the order is required to maintain from the protected places or |
|
persons; and |
|
(I) the date the order expires; |
|
(7) grant access to criminal history record |
|
information in the manner authorized under Subchapter F; |
|
(8) collect and disseminate information regarding |
|
offenders with mental impairments in compliance with Chapter 614, |
|
Health and Safety Code; and |
|
(9) record data and maintain a state database for a |
|
computerized criminal history record system and computerized |
|
juvenile justice information system that serves: |
|
(A) as the record creation point for criminal |
|
history record information and juvenile justice information |
|
maintained by the state; and |
|
(B) as the control terminal for the entry of |
|
records, in accordance with federal law and regulations, federal |
|
executive orders, and federal policy, into the federal database |
|
maintained by the Federal Bureau of Investigation. |
|
SECTION 5.114. (a) Section 411.119, Government Code, is |
|
repealed. |
|
(b) The following provisions of the Occupations Code are |
|
repealed: |
|
(1) Section 1702.002(1-b); |
|
(2) Section 1702.002(3); |
|
(3) Section 1702.002(6-b); |
|
(4) Section 1702.002(11); |
|
(5) Section 1702.002(12); |
|
(6) Section 1702.002(13); |
|
(7) Section 1702.002(14); |
|
(8) Section 1702.002(19); |
|
(9) Section 1702.002(20); |
|
(10) Section 1702.027(c); |
|
(11) Section 1702.030; |
|
(12) Section 1702.043; |
|
(13) Section 1702.047; |
|
(14) Section 1702.0611; |
|
(15) Section 1702.0612; |
|
(16) Section 1702.066; |
|
(17) Section 1702.081; |
|
(18) Section 1702.082; |
|
(19) Section 1702.083; |
|
(20) Section 1702.1045; |
|
(21) Section 1702.109; |
|
(22) Section 1702.111; |
|
(23) Section 1702.113(d); |
|
(24) Section 1702.116; |
|
(25) Section 1702.119; |
|
(26) Section 1702.120; |
|
(27) Section 1702.121; |
|
(28) Section 1702.183; |
|
(29) Section 1702.225; |
|
(30) Section 1702.227; |
|
(31) Section 1702.228; |
|
(32) Sections 1702.301(a), (d), (e), (f), and (g); |
|
(33) Section 1702.304; |
|
(34) Section 1702.307; |
|
(35) Section 1702.3615; |
|
(36) Section 1702.362; |
|
(37) Sections 1702.364(g), (h), and (i); |
|
(38) Section 1702.371; |
|
(39) Section 1702.385; and |
|
(40) Subchapter Q, Chapter 1702. |
|
SECTION 5.115. (a) On September 1, 2019, the terms of the |
|
members serving on the Texas Private Security Board expire and the |
|
Texas Private Security Board is abolished. |
|
(b) As soon as practicable after the effective date of this |
|
Act, the Public Safety Commission shall appoint members to the |
|
Texas Private Security Advisory Committee in accordance with |
|
Section 1702.021, Occupations Code, as amended by this Act. A board |
|
member whose term expired under Subsection (a) of this section is |
|
eligible for reappointment to the advisory committee. |
|
(c) The members of the Texas Private Security Board whose |
|
terms expire under Subsection (a) of this section shall continue to |
|
provide advice to the Department of Public Safety until a majority |
|
of the members of the Texas Private Security Advisory Committee are |
|
appointed under Subsection (b) of this section and qualified. |
|
SECTION 5.116. (a) In this section: |
|
(1) "Commission" means the Public Safety Commission. |
|
(2) "Department" means the Department of Public |
|
Safety. |
|
(3) "Former board" means the Texas Private Security |
|
Board. |
|
(b) On September 1, 2019: |
|
(1) all functions and activities performed by the |
|
former board immediately before that date are transferred to the |
|
department; |
|
(2) all rules, fees, policies, procedures, decisions, |
|
and forms adopted by the former board are continued in effect as |
|
rules, fees, policies, procedures, decisions, and forms of the |
|
commission or the department, as applicable, and remain in effect |
|
until amended or replaced by the commission or department; |
|
(3) a complaint, investigation, contested case, or |
|
other proceeding before the former board that is pending on |
|
September 1, 2019, is transferred without change in status to the |
|
department or the commission, as appropriate; |
|
(4) all money, contracts, leases, property, and |
|
obligations of the former board are transferred to the department; |
|
(5) all property in the custody of the former board is |
|
transferred to the department; and |
|
(6) the unexpended and unobligated balance of any |
|
money appropriated by the legislature for the former board is |
|
transferred to the department. |
|
(c) The former board shall provide the department with |
|
access to any systems or information necessary for the department |
|
to accept the program transferred under this Act. |
|
(d) A license, certificate, or other authorization issued |
|
by the former board is continued in effect as a license, |
|
certificate, or other authorization of the department. |
|
SECTION 5.117. On September 1, 2019, the following expire: |
|
(1) any license, registration, endorsement, or other |
|
authorization required to operate as a guard dog company or trainer |
|
of a dog used to protect persons or property or to conduct |
|
investigations, as described by Chapter 1702, Occupations Code, as |
|
that chapter existed immediately before the effective date of this |
|
Act; and |
|
(2) any license, registration, endorsement, or other |
|
authorization required to operate as a security salesperson, |
|
private security consultant, or private security consulting |
|
company, as described by Chapter 1702, Occupations Code, as that |
|
chapter existed immediately before the effective date of this Act. |
|
SECTION 5.118. As soon as practicable after the effective |
|
date of this Act, the Public Safety Commission shall adopt rules |
|
necessary to implement the changes in law made by this Act to |
|
Chapter 1702, Occupations Code. |
|
SECTION 5.119. The changes in law made by this Act amending |
|
Chapter 1702, Occupations Code, do not affect the validity of a |
|
disciplinary action or other proceeding that was initiated before |
|
the effective date of this Act and that is pending before a court or |
|
other governmental entity on the effective date of this Act. |
|
SECTION 5.120. (a) A violation of Chapter 1702, |
|
Occupations Code, that is repealed or amended by this Act is |
|
governed by the law in effect when the violation was committed, and |
|
the former law is continued in effect for that purpose. |
|
(b) For purposes of this section, a violation was committed |
|
before the effective date of this Act if any element of the |
|
violation occurred before that date. |
|
ARTICLE 6. CONDITIONAL TRANSFER OF DRIVER'S LICENSE PROGRAMS FROM |
|
DEPARTMENT OF PUBLIC SAFETY TO DEPARTMENT OF MOTOR VEHICLES |
|
SECTION 6.001. Sections 521.001(a)(1-a) and (2), |
|
Transportation Code, are amended to read as follows: |
|
(1-a) "Department" means the Texas Department of Motor |
|
Vehicles [Public Safety]. |
|
(2) "Director" means the executive [public safety] |
|
director of the department. |
|
SECTION 6.002. Section 521.001(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) The department by rule may define types of vehicles that |
|
are "motorcycles" for the purposes of this chapter, in addition to |
|
those defined under Subsection (a)(6-a), and[.
The Texas
|
|
Department of Motor Vehicles by rule may define the types of
|
|
vehicles that are "motorcycles"] for the purposes of Chapters 501, |
|
502, and 503. This subsection applies only to vehicles |
|
manufactured by a manufacturer licensed under Chapter 2301, |
|
Occupations Code. |
|
SECTION 6.003. Subchapter A, Chapter 521, Transportation |
|
Code, is amended by adding Section 521.0015 to read as follows: |
|
Sec. 521.0015. STATUTORY REFERENCES. A statutory reference |
|
to the Department of Public Safety means the Texas Department of |
|
Motor Vehicles if the statutory reference concerns: |
|
(1) the administration of the programs established by |
|
this chapter, Chapter 522, and other law that license a person to |
|
operate a motor vehicle, as defined by Section 501.002, or a |
|
commercial motor vehicle, as defined by Section 522.003, in this |
|
state; or |
|
(2) the administration of Chapter 521A. |
|
SECTION 6.004. (a) In this section: |
|
(1) "Former administrator" means the Department of |
|
Public Safety. |
|
(2) "Licensing program" means: |
|
(A) the programs established by Chapters 521 and |
|
522, Transportation Code, and other law, that license a person to |
|
operate in this state a motor vehicle, as defined by Section |
|
501.002, Transportation Code, or a commercial motor vehicle, as |
|
defined by Section 522.003, Transportation Code; and |
|
(B) the program to issue election identification |
|
certificates under Chapter 521A, Transportation Code. |
|
(3) "New administrator" means the Texas Department of |
|
Motor Vehicles. |
|
(4) "Work group" means the work group established |
|
under Subsection (b) of this section. |
|
(b) As soon as practicable after the effective date of this |
|
section, the former administrator and the new administrator shall |
|
establish a work group to plan the transfer of the licensing program |
|
from the former administrator to the new administrator. |
|
(c) The work group shall: |
|
(1) adopt a transition plan to provide for the orderly |
|
transfer of powers, duties, functions, programs, and activities |
|
related to the licensing program, including: |
|
(A) a plan that ensures the transfer of the |
|
licensing program will be completed on or before August 31, 2021; |
|
and |
|
(B) completion dates for substantial phases of |
|
the licensing program's transfer; |
|
(2) implement the transition plan described by |
|
Subdivision (1) of this subsection; and |
|
(3) provide a quarterly report of the work group's |
|
progress in developing and implementing the transition plan |
|
described by Subdivision (1) of this subsection to: |
|
(A) the presiding officer of each house of the |
|
legislature; |
|
(B) the governor; and |
|
(C) the Sunset Advisory Commission. |
|
(d) To prepare for the transfer, the former administrator |
|
shall provide the new administrator with access to any systems, |
|
information, property, records, or personnel necessary for the new |
|
administrator to administer the licensing program transferred |
|
under this article. |
|
(e) As soon as practicable after the effective date of this |
|
section: |
|
(1) the new administrator shall study the most |
|
effective use of available state and county resources, including |
|
personnel, property, and resources potentially available through |
|
the adoption of intergovernmental agreements, to administer the |
|
licensing program, prioritizing: |
|
(A) administrative efficiency and cost savings; |
|
and |
|
(B) accessibility of the licensing program for |
|
the citizens of this state, including citizens residing in rural |
|
areas of this state; and |
|
(2) the former administrator shall assist in the study |
|
described by Subdivision (1) of this subsection as requested by the |
|
new administrator. |
|
(f) On September 1, 2021: |
|
(1) all licensing program functions and activities |
|
performed by the former administrator immediately before that date |
|
are transferred to the new administrator; |
|
(2) all licensing program rules, fees, policies, |
|
procedures, decisions, and forms adopted by the former |
|
administrator are continued in effect as rules, fees, policies, |
|
procedures, decisions, and forms of the new administrator and |
|
remain in effect until amended or replaced by the new |
|
administrator; |
|
(3) a licensing program complaint, investigation, |
|
contested case, or other proceeding before the former administrator |
|
that is pending on September 1, 2021, is transferred without change |
|
in status to the new administrator; |
|
(4) all licensing program money, contracts, leases, |
|
property, and obligations of the former administrator are |
|
transferred to the new administrator; |
|
(5) all licensing program property in the custody of |
|
the former administrator is transferred to the new administrator; |
|
and |
|
(6) the unexpended and unobligated balance of any |
|
money appropriated by the legislature to the former administrator |
|
for the purpose of administering the licensing program is |
|
transferred to the new administrator. |
|
(g) On September 1, 2021, a license, certificate, |
|
endorsement, or other form of authorization issued by the former |
|
administrator and related to the licensing program is continued in |
|
effect as a license, certificate, endorsement, or other form of |
|
authorization of the new administrator. |
|
(h) On September 1, 2021, all full-time equivalent employee |
|
positions at the former administrator that primarily concern the |
|
administration or enforcement of the licensing program become |
|
positions at the new administrator. |
|
SECTION 6.005. (a) In this section, "driver's license |
|
program" means: |
|
(1) the programs established by Chapters 521 and 522, |
|
Transportation Code, and other law, that license a person to |
|
operate in this state a motor vehicle, as defined by Section |
|
501.002, Transportation Code, or a commercial motor vehicle, as |
|
defined by Section 522.003, Transportation Code; and |
|
(2) the program to issue election identification |
|
certificates under Chapter 521A, Transportation Code. |
|
(b) The Department of Public Safety shall enter into a |
|
contract with an independent, third-party contractor to conduct a |
|
feasibility study that examines and makes recommendations on the |
|
management and operating structure of the driver's license program |
|
and the opportunities and challenges of transferring the driver's |
|
license program. |
|
(b-1) The solicitation documents for the contract described |
|
by Subsection (b) of this section must be submitted to the contract |
|
advisory team for review under Subchapter C, Chapter 2262, |
|
Government Code, before the Department of Public Safety may solicit |
|
any contractor for the contract, including publishing advertising |
|
regarding the contract. |
|
(c) Not later than September 1, 2020, the contractor |
|
described by Subsection (b) of this section shall submit a report on |
|
the study conducted under that subsection to the legislature, the |
|
governor, the Sunset Advisory Commission, the Department of Public |
|
Safety, and the Texas Department of Motor Vehicles. |
|
(d) In conducting the study required by Subsection (b) of |
|
this section, the Department of Public Safety, the Texas Department |
|
of Motor Vehicles, or the independent, third-party contractor |
|
described by that subsection may not disclose any personal |
|
information obtained in conducting the study. In this subsection, |
|
"personal information" means information that identifies a holder |
|
of a driver's license or election identification certificate, |
|
including a name, address, date of birth, social security number, |
|
telephone number, physical characteristic, or similar identifier. |
|
SECTION 6.006. (a) Subject to Subsection (b) of this |
|
section, this article takes effect immediately if this Act 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 |
|
article takes effect September 1, 2019. |
|
(b) Sections 6.001, 6.002, 6.003, and 6.004 of this article |
|
take effect only if the report required by Section 6.005 of this |
|
article is not submitted within the period prescribed by that |
|
section. |
|
ARTICLE 7. EXPIRATION DATES OF DRIVER'S LICENSES AND COMMERCIAL |
|
DRIVER'S LICENSES |
|
SECTION 7.001. Sections 521.271(a) and (b), Transportation |
|
Code, are amended to read as follows: |
|
(a) Each original driver's license, provisional license, |
|
learner license, or occupational driver's license issued to an |
|
applicant who is a citizen, national, or legal permanent resident |
|
of the United States or a refugee or asylee lawfully admitted into |
|
the United States expires as follows: |
|
(1) except as provided by Section 521.2711, a driver's |
|
license expires on the first birthday of the license holder |
|
occurring after the eighth [sixth] anniversary of the date of the |
|
application; |
|
(2) a provisional license expires on the 18th birthday |
|
of the license holder; |
|
(3) a learner license expires on the 18th birthday of |
|
the license holder; |
|
(4) an occupational driver's license expires on the |
|
first anniversary of the court order granting the license; and |
|
(5) unless an earlier date is otherwise provided, a |
|
driver's license issued to a person whose residence or domicile is a |
|
correctional facility or a parole facility expires on the first |
|
birthday of the license holder occurring after the first |
|
anniversary of the date of issuance. |
|
(b) Except as provided by Section 521.2711, a driver's |
|
license that is renewed expires on the earlier of: |
|
(1) the eighth [sixth] anniversary of the expiration |
|
date before renewal if the applicant is a citizen, national, or |
|
legal permanent resident of the United States or a refugee or asylee |
|
lawfully admitted into the United States; |
|
(1-a) for an applicant not described by Subdivision |
|
(1): |
|
(A) the earlier of: |
|
(i) the eighth [sixth] anniversary of the |
|
expiration date before renewal; or |
|
(ii) the expiration date of the applicant's |
|
authorized stay in the United States; or |
|
(B) the first anniversary of the date of |
|
issuance, if there is no definite expiration date for the |
|
applicant's authorized stay in the United States; or |
|
(2) for a renewal driver's license issued to a person |
|
whose residence or domicile is a correctional facility or a parole |
|
facility, the first birthday of the license holder occurring after |
|
the first anniversary of the date of issuance unless an earlier date |
|
is otherwise provided. |
|
SECTION 7.002. Sections 521.421(a) and (b), Transportation |
|
Code, are amended to read as follows: |
|
(a) The fee for issuance or renewal of a license not |
|
otherwise provided for by this section is $32 [$24]. |
|
(b) The fee for renewal of a Class M license or for renewal |
|
of a license that includes authorization to operate a motorcycle is |
|
$43 [$32]. |
|
SECTION 7.003. Section 521.421(f), Transportation Code, as |
|
added by Chapter 1372 (H.B. No. 1200), Acts of the 75th |
|
Legislature, Regular Session, 1997, is amended to read as follows: |
|
(f) If a Class A, B, or C driver's license includes an |
|
authorization to operate a motorcycle or moped, the fee for the |
|
driver's license is increased by $11 [$8]. |
|
SECTION 7.004. Section 522.029, Transportation Code, is |
|
amended by amending Subsection (a) and adding Subsection (m) to |
|
read as follows: |
|
(a) The fee for a commercial driver's license issued by the |
|
department is $96 [$60], except as provided by Subsections (f), |
|
(h), (j), [and] (k), and (m). |
|
(m) The fee for a commercial driver's license with a |
|
hazardous materials endorsement issued by the department is $60, |
|
except as provided by Subsections (h), (j), and (k). |
|
SECTION 7.005. Section 522.051, Transportation Code, is |
|
amended by amending Subsections (a), (b), (c), (d), and (f) and |
|
adding Subsections (i), (j), (k), and (l) to read as follows: |
|
(a) Except as provided by Subsections [Subsection] (f) and |
|
(i) and Sections 522.013(e), 522.033, and 522.054, an original |
|
commercial driver's license expires eight [five] years after the |
|
applicant's next birthday. |
|
(b) Except as provided by Subsection (j) and Section |
|
522.054, a commercial driver's license issued to a person holding a |
|
Texas Class A, B, C, or M license that would expire one year or more |
|
after the date of issuance of the commercial driver's license |
|
expires eight [five] years after the applicant's next birthday. |
|
(c) Except as provided by Subsection (k) and Section |
|
522.054, a commercial driver's license issued to a person holding a |
|
Texas Class A, B, C, or M license that would expire less than one |
|
year after the date of issuance of the commercial driver's license |
|
or that has been expired for less than one year expires eight [five] |
|
years after the expiration date shown on the Class A, B, C, or M |
|
license. |
|
(d) Except as provided by Subsection (l) and Section |
|
522.054, a commercial driver's license issued to a person holding a |
|
Texas Class A, B, C, or M license that has been expired for at least |
|
one year but not more than two years expires eight [five] years |
|
after the applicant's last birthday. |
|
(f) Except as provided by Section 522.013, a non-domiciled |
|
commercial driver's license other than a temporary non-domiciled |
|
commercial driver's license under Section 522.013(e) expires on: |
|
(1) the earlier of: |
|
(A) the first birthday of the license holder |
|
occurring after the eighth [fifth] anniversary of the date of the |
|
application; or |
|
(B) the expiration date of the license holder's |
|
lawful presence in the United States as determined by the |
|
appropriate United States agency in compliance with federal law; or |
|
(2) the first anniversary of the date of issuance, if |
|
there is no definitive expiration date for the applicant's |
|
authorized stay in the United States. |
|
(i) Except as provided by Subsection (f) and Sections |
|
522.013(e), 522.033, and 522.054, an original commercial driver's |
|
license with a hazardous materials endorsement expires five years |
|
after the applicant's next birthday. |
|
(j) Except as provided by Section 522.054, a commercial |
|
driver's license with a hazardous materials endorsement issued to a |
|
person holding a Texas Class A, B, C, or M license that would expire |
|
one year or more after the date of issuance of the commercial |
|
driver's license expires five years after the applicant's next |
|
birthday. |
|
(k) Except as provided by Section 522.054, a commercial |
|
driver's license with a hazardous materials endorsement issued to a |
|
person holding a Texas Class A, B, C, or M license that would expire |
|
less than one year after the date of issuance of the commercial |
|
driver's license or that has been expired for less than one year |
|
expires five years after the expiration date shown on the Class A, |
|
B, C, or M license. |
|
(l) Except as provided by Section 522.054, a commercial |
|
driver's license with a hazardous materials endorsement issued to a |
|
person holding a Texas Class A, B, C, or M license that has been |
|
expired for at least one year but not more than two years expires |
|
five years after the applicant's last birthday. |
|
SECTION 7.006. Section 522.052, Transportation Code, is |
|
amended by amending Subsections (b) and (c) and adding Subsections |
|
(k) and (l) to read as follows: |
|
(b) Except as provided by Section 522.054, a renewal of a |
|
commercial driver's license that has been expired for less than one |
|
year expires eight [five] years after the expiration date shown on |
|
the commercial driver's license. |
|
(c) Except as provided by Section 522.054, a renewal of a |
|
commercial driver's license that has been expired for at least one |
|
year but not more than two years expires seven [six] years after the |
|
applicant's last birthday. |
|
(k) Except as provided by Section 522.054, a renewal of a |
|
commercial driver's license with a hazardous materials endorsement |
|
that has been expired for less than one year expires five years |
|
after the expiration date shown on the commercial driver's license. |
|
(l) Except as provided by Section 522.054, a renewal of a |
|
commercial driver's license with a hazardous materials endorsement |
|
that has been expired for at least one year but not more than two |
|
years expires five years after the applicant's last birthday. |
|
SECTION 7.007. The changes in law made by this Act to |
|
Sections 521.271 and 521.421, Transportation Code, apply only to a |
|
driver's license issued or renewed on or after June 1, 2020. A |
|
driver's license issued or renewed before June 1, 2020, is governed |
|
by the law in effect immediately before the effective date of this |
|
Act, and the former law is continued in effect for that purpose. |
|
SECTION 7.008. The changes in law made by this Act to |
|
Sections 522.029, 522.051, and 522.052, Transportation Code, apply |
|
only to a commercial driver's license issued or renewed on or after |
|
June 1, 2020. A commercial driver's license issued or renewed |
|
before June 1, 2020, is governed by the law in effect immediately |
|
before the effective date of this Act, and the former law is |
|
continued in effect for that purpose. |
|
ARTICLE 8. MOTORCYCLE AND OFF-HIGHWAY VEHICLE OPERATOR TRAINING |
|
PROGRAMS |
|
SECTION 8.001. Chapter 662, Transportation Code, is amended |
|
by adding Section 662.0005 to read as follows: |
|
Sec. 662.0005. DEFINITIONS. In this chapter: |
|
(1) "Commission" means the Texas Commission of |
|
Licensing and Regulation. |
|
(2) "Department" means the Texas Department of |
|
Licensing and Regulation. |
|
(3) "Institution of higher education" has the meaning |
|
assigned by Section 61.003, Education Code. |
|
(4) "Instructor" means an individual who holds a |
|
license issued under this chapter that entitles the individual to |
|
provide instruction on motorcycle operation and safety as an |
|
employee of or under contract with a motorcycle school. |
|
(5) "Motorcycle school" means a person who holds a |
|
license issued under this chapter that entitles the person to offer |
|
and conduct courses on motorcycle operation and safety for |
|
consideration as part of the motorcycle operator training and |
|
safety program. |
|
SECTION 8.002. Section 662.001, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 662.001. ADMINISTRATION OF PROGRAM [DESIGNATED STATE
|
|
AGENCY]. The department [governor] shall [designate a state agency
|
|
to establish and] administer a motorcycle operator training and |
|
safety program and enforce the laws governing the program. |
|
SECTION 8.003. The heading to Section 662.002, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 662.002. PURPOSE OF PROGRAM[; CURRICULUM]. |
|
SECTION 8.004. Chapter 662, Transportation Code, is amended |
|
by adding Sections 662.0033, 662.0035, and 662.0037 to read as |
|
follows: |
|
Sec. 662.0033. MINIMUM CURRICULUM STANDARDS. (a) The |
|
commission by rule shall establish minimum curriculum standards for |
|
courses provided under the motorcycle operator training and safety |
|
program. |
|
(b) The department shall approve all courses that meet the |
|
curriculum standards established under Subsection (a). |
|
(c) In establishing the minimum curriculum standards for |
|
entry-level courses, the commission shall consider the standards |
|
for motorcycle operator training and safety courses adopted by the |
|
National Highway Traffic Safety Administration. |
|
Sec. 662.0035. FEES. The commission may set fees in amounts |
|
reasonable and necessary to cover the costs of administering this |
|
chapter, including fees for: |
|
(1) the issuance and renewal of a motorcycle school |
|
license and instructor license; and |
|
(2) courses provided under the motorcycle operator |
|
training and safety program. |
|
Sec. 662.0037. MOTORCYCLE SAFETY ADVISORY BOARD. (a) The |
|
commission shall establish an advisory board to advise the |
|
department on matters related to the motorcycle operator training |
|
and safety program established under this chapter. |
|
(b) The advisory board must consist of nine members |
|
appointed by the presiding officer of the commission, on approval |
|
of the commission, as follows: |
|
(1) three members: |
|
(A) each of whom must be a licensed instructor or |
|
represent a licensed motorcycle school; and |
|
(B) who must collectively represent the |
|
diversity in size and type of the motorcycle schools licensed under |
|
this chapter; |
|
(2) one member who represents the motorcycle dealer |
|
retail industry; |
|
(3) one representative of a law enforcement agency; |
|
(4) one representative of the Texas A&M Transportation |
|
Institute; |
|
(5) one representative of the Texas A&M Engineering |
|
Extension Service; and |
|
(6) two public members who hold a valid Class M |
|
driver's license issued under Chapter 521. |
|
(c) The advisory board members serve staggered six-year |
|
terms. The terms of three members expire September 1 of each |
|
odd-numbered year. |
|
(d) If a vacancy occurs on the advisory board, the presiding |
|
officer of the commission, on approval of the commission, shall |
|
appoint a replacement who meets the qualifications for the vacant |
|
position to serve for the remainder of the term. |
|
(e) The presiding officer of the commission, on approval of |
|
the commission, shall designate a member of the advisory board to |
|
serve as the presiding officer of the advisory board for a one-year |
|
term. The presiding officer of the advisory board may vote on any |
|
matter before the advisory board. |
|
(f) The advisory board shall meet at the call of the |
|
executive director or the presiding officer of the commission. |
|
(g) An advisory board member may not receive compensation |
|
for service on the advisory board but is entitled to reimbursement |
|
for actual and necessary expenses incurred in performing the |
|
functions as a member of the advisory board, subject to the General |
|
Appropriations Act. |
|
(h) Chapter 2110, Government Code, does not apply to the |
|
advisory board. |
|
(i) The department may call a joint meeting of the advisory |
|
board and the advisory committee established under Section |
|
1001.058, Education Code, for the committees to collaborate on |
|
matters determined by the department. |
|
SECTION 8.005. Section 662.005, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 662.005. CONTRACTS. (a) The department [designated
|
|
state agency] may [license or] contract with qualified persons, |
|
including institutions of higher education, to: |
|
(1) offer and conduct motorcycle operator training and |
|
safety courses under the [administer or operate the motorcycle
|
|
operator training and safety] program; or |
|
(2) research motorcycle safety in this state. |
|
(b) The department shall consult with the motorcycle safety |
|
advisory board regarding any proposal to contract under this |
|
section. |
|
SECTION 8.006. Section 662.006(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person may not offer or conduct training in motorcycle |
|
operation for consideration unless the person: |
|
(1) is licensed as a motorcycle school under this |
|
chapter; |
|
(2) offers and conducts training in accordance with a |
|
motorcycle operator training curriculum approved by the |
|
department; and |
|
(3) employs or contracts with an instructor licensed |
|
under this chapter to conduct the training [by or contracts with the
|
|
designated state agency]. |
|
SECTION 8.007. Chapter 662, Transportation Code, is amended |
|
by adding Sections 662.0062, 662.0064, and 662.0068 to read as |
|
follows: |
|
Sec. 662.0062. ELIGIBILITY; APPLICATION. (a) To be |
|
eligible for an instructor license, an applicant must: |
|
(1) have completed a commission-approved training |
|
program on motorcycle operator training and safety instruction |
|
administered by the Texas A&M Engineering Extension Service; |
|
(2) have held for the two years preceding the date of |
|
submitting the application a valid driver's license that entitles |
|
the applicant to operate a motorcycle on a public road; and |
|
(3) have accumulated less than 10 points under the |
|
driver responsibility program established by Chapter 708. |
|
(b) The commission by rule may adopt additional |
|
requirements for issuance of an instructor license. |
|
(c) To be eligible for a motorcycle school license, an |
|
applicant must meet the minimum standards established by commission |
|
rule for: |
|
(1) health and safety; |
|
(2) the school's facility; and |
|
(3) consumer protection. |
|
(d) The department shall issue a license to an applicant who |
|
meets the eligibility requirements established under this chapter |
|
and department rule and who pays the required fee. |
|
(e) The department may prescribe an application form for |
|
applicants to submit when applying for a license under this |
|
section. |
|
Sec. 662.0064. INSTRUCTOR TRAINING; ADMINISTRATOR. The |
|
Texas A&M Engineering Extension Service, in consultation with the |
|
department, shall administer the training program required by |
|
Section 662.0062(a)(1). |
|
Sec. 662.0068. PROGRAM CERTIFICATES. The department shall |
|
issue a certificate of completion to a person who completes a |
|
department-approved motorcycle operator training and safety course |
|
conducted by a motorcycle school on receipt of notice from the |
|
motorcycle school that conducted the course. The department may |
|
develop a process that allows a motorcycle school to issue a |
|
certificate of completion to the person. |
|
SECTION 8.008. Section 662.008, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 662.008. DENIAL, SUSPENSION, OR REVOCATION |
|
[CANCELLATION] OF INSTRUCTOR OR MOTORCYCLE SCHOOL LICENSE |
|
[APPROVAL]. (a) The executive director or commission [designated
|
|
state agency] may deny an application for, suspend, or revoke a |
|
license issued [cancel its approval for a program sponsor to
|
|
conduct or for an instructor to teach a course offered] under this |
|
chapter if the applicant, instructor, or motorcycle school |
|
[sponsor]: |
|
(1) does not satisfy the requirements established |
|
under this chapter to receive or retain the license [approval]; |
|
(2) permits fraud or engages in a fraudulent practice |
|
with reference to an application for [to] the license [agency]; |
|
(3) induces or countenances fraud or a fraudulent |
|
practice by a person applying for a driver's license or permit; |
|
(4) permits fraud or engages in a fraudulent practice |
|
in an action between the applicant or license holder and the public; |
|
or |
|
(5) fails to comply with this chapter or rules adopted |
|
under this chapter [of the state agency]. |
|
(b) Following denial of an application for a license or |
|
the[,] suspension[,] or revocation of a license issued under this |
|
chapter [cancellation of the approval of a program sponsor or an
|
|
instructor], notice and opportunity for a hearing must be given as |
|
provided by: |
|
(1) Chapter 2001, Government Code; and |
|
(2) Chapter 53, Occupations Code. |
|
SECTION 8.009. Section 662.009, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 662.009. RULES. The commission [designated state
|
|
agency] may adopt rules to administer this chapter. |
|
SECTION 8.010. Section 662.010, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 662.010. NONAPPLICABILITY OF CERTAIN OTHER LAW. |
|
Chapter 1001, Education Code [332, Acts of the 60th Legislature,
|
|
Regular Session, 1967 (Article 4413(29c), Vernon's Texas Civil
|
|
Statutes)], does not apply to training offered or conducted under |
|
this chapter. |
|
SECTION 8.011. Section 662.011, Transportation Code, is |
|
amended by amending Subsection (b) and adding Subsection (d) to |
|
read as follows: |
|
(b) Money deposited to the credit of the motorcycle |
|
education fund account may be used only to defray the cost of: |
|
(1) administering the motorcycle operator training |
|
and safety program; [and] |
|
(2) conducting the motorcyclist safety and share the |
|
road campaign described by Section 201.621; and |
|
(3) administering the grant program under Section |
|
662.0115. |
|
(d) The department may apply for and accept gifts, grants, |
|
and donations from any organization to be deposited in the |
|
motorcycle education fund account for the purpose of improving |
|
motorcycle safety in this state. |
|
SECTION 8.012. Chapter 662, Transportation Code, is amended |
|
by adding Section 662.0115 to read as follows: |
|
Sec. 662.0115. MOTORCYCLE SAFETY GRANT PROGRAM. (a) Using |
|
money from the motorcycle education fund account, the department |
|
may establish and administer a grant program to improve motorcycle |
|
safety in this state. |
|
(b) The department may award a person a grant to: |
|
(1) promote the motorcycle operator training and |
|
safety program or any other motorcycle safety program in this |
|
state; |
|
(2) increase the number of individuals seeking |
|
motorcycle operator training or licensure as an instructor to |
|
conduct motorcycle operator training; or |
|
(3) support any other goal reasonably likely to |
|
improve motorcycle safety in this state. |
|
(c) To administer the grant program, the department shall |
|
prescribe: |
|
(1) grant application procedures; |
|
(2) guidelines relating to grant amounts; and |
|
(3) criteria for evaluating grant applications. |
|
(d) The department shall consult with the motorcycle safety |
|
advisory board regarding any proposal to award a grant under this |
|
section. |
|
(e) An institution of higher education is eligible to |
|
receive a grant awarded under this section and, if applicable, may |
|
use the grant money awarded to perform a duty imposed under Section |
|
662.0064 or 662.013. |
|
SECTION 8.013. Section 662.012, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 662.012. REPORTS. (a) The department [designated
|
|
state agency] shall require each motorcycle school [provider of a
|
|
motorcycle operator training and safety program] to report on the |
|
school's program in the form and manner prescribed by the |
|
department [compile and forward to the agency each month a report on
|
|
the provider's programs]. The report must include: |
|
(1) the number and types of courses provided in the |
|
reporting period; |
|
(2) the number of persons who took each course in the |
|
reporting period; |
|
(3) the number of instructors available to provide |
|
training under the school's [provider's] program in the reporting |
|
period; |
|
(4) information collected by surveying persons taking |
|
each course as to the length of any waiting period the person |
|
experienced before being able to enroll in the course; |
|
(5) the number of persons on a waiting list for a |
|
course at the end of the reporting period; and |
|
(6) any other information the department [agency] |
|
reasonably requires. |
|
(b) The department [designated state agency] shall maintain |
|
[a compilation of] the reports submitted under Subsection (a) on a |
|
by-site basis. [The agency shall update the compilation as soon as
|
|
practicable after the beginning of each month.] |
|
(c) The department [designated state agency] shall provide |
|
without charge a copy of the most recent reports submitted |
|
[compilation] under Subsection (a) [(b)] to any member of the |
|
legislature on request. |
|
SECTION 8.014. Chapter 662, Transportation Code, is amended |
|
by adding Section 662.013 to read as follows: |
|
Sec. 662.013. RESEARCH, ADVOCACY, AND EDUCATION. The Texas |
|
A&M Transportation Institute, in consultation with the department, |
|
shall: |
|
(1) research motorcycle safety in this state; |
|
(2) provide advocacy on motorcycle safety issues in |
|
this state; and |
|
(3) provide education to the public on motorcycle |
|
safety issues in this state. |
|
SECTION 8.015. Section 663.001, Transportation Code, is |
|
amended by amending Subdivision (1-b) and adding Subdivisions (1-c) |
|
and (1-d) to read as follows: |
|
(1-b) "Commission" means the Texas Commission of |
|
Licensing and Regulation. |
|
(1-c) "Department" means the Texas Department of |
|
Licensing and Regulation. |
|
(1-d) "Off-highway vehicle" means: |
|
(A) an all-terrain vehicle or recreational |
|
off-highway vehicle, as those terms are defined by Section 502.001; |
|
or |
|
(B) a utility vehicle. |
|
SECTION 8.016. Section 663.011, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 663.011. ADMINISTRATION OF PROGRAM [DESIGNATED
|
|
DIVISION OR STATE AGENCY]. The department [governor] shall |
|
[designate a division of the governor's office or a state agency to
|
|
establish and] administer an off-highway vehicle operator |
|
education and certification program and enforce the laws governing |
|
the program. |
|
SECTION 8.017. Section 663.013, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 663.013. PROGRAM STANDARDS [OFF-HIGHWAY VEHICLE
|
|
SAFETY COORDINATOR]. (a) The department [designated division or
|
|
state agency shall employ an off-highway vehicle safety
|
|
coordinator.
|
|
[(b) The coordinator] shall supervise the off-highway |
|
vehicle operator education and certification program and shall |
|
determine: |
|
(1) locations at which courses will be offered; |
|
(2) fees for the courses; |
|
(3) qualifications of instructors; |
|
(4) course curriculum; and |
|
(5) standards for operator safety certification. |
|
(b) [(c)] In establishing standards for instructors, |
|
curriculum, and operator certification, the department |
|
[coordinator] shall consult and be guided by standards established |
|
by recognized off-highway vehicle safety organizations. |
|
SECTION 8.018. Section 663.014, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 663.014. CONTRACTS. To administer the education |
|
program and certify off-highway vehicle operators, the department |
|
[designated division or state agency] may contract with nonprofit |
|
safety organizations, nonprofit educational organizations, |
|
institutions of higher education, or agencies of local governments. |
|
SECTION 8.019. Section 663.015(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) If the department [off-highway vehicle safety
|
|
coordinator] determines that vehicle operation is not feasible in a |
|
program component or at a particular program location, the operator |
|
education and certification program for persons who are at least 14 |
|
years of age may use teaching or testing methods that do not involve |
|
the actual operation of an off-highway vehicle. |
|
SECTION 8.020. Section 663.017, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 663.017. DENIAL, SUSPENSION, OR CANCELLATION OF |
|
APPROVAL. (a) The executive director or commission [designated
|
|
division or state agency] may deny, suspend, or cancel its approval |
|
for a program sponsor to conduct or for an instructor to teach a |
|
course offered under this chapter if the applicant, sponsor, or |
|
instructor: |
|
(1) does not satisfy the requirements established |
|
under this chapter to receive or retain approval; |
|
(2) permits fraud or engages in fraudulent practices |
|
with reference to an application to the department [division or
|
|
agency]; |
|
(3) induces or countenances fraud or fraudulent |
|
practices by a person applying for a driver's license or permit; |
|
(4) permits or engages in a fraudulent practice in an |
|
action between the applicant or license holder and the public; or |
|
(5) fails to comply with rules of the department |
|
[division or agency]. |
|
(b) Before the executive director or commission [designated
|
|
division or agency] may deny, suspend, or cancel the approval of a |
|
program sponsor or an instructor, notice and opportunity for a |
|
hearing must be given as provided by: |
|
(1) Chapter 2001, Government Code; and |
|
(2) Chapter 53, Occupations Code. |
|
SECTION 8.021. Section 663.018, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 663.018. RULES. The commission [designated division
|
|
or state agency] may adopt rules to administer this chapter. |
|
SECTION 8.022. Section 663.019, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 663.019. EXEMPTIONS. The commission [designated
|
|
division or state agency] by rule may temporarily exempt the |
|
residents of any county from Section 663.015 or from Section |
|
663.031(a)(1) until the appropriate education and certification |
|
program is established at a location that is reasonably accessible |
|
to the residents of that county. |
|
SECTION 8.023. Section 663.033(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) The department or executive director [coordinator] may |
|
exempt off-highway vehicles that are participating in certain |
|
competitive events from the requirements of this section. |
|
SECTION 8.024. Section 663.037(e), Transportation Code, is |
|
amended to read as follows: |
|
(e) The commission [director of the Department of Public
|
|
Safety] shall adopt standards and specifications that apply to the |
|
color, size, and mounting position of the flag required under |
|
Subsections (d)(2) and (g)(2). |
|
SECTION 8.025. Sections 662.002(b), 662.003, 662.004, and |
|
662.007, Transportation Code, are repealed. |
|
SECTION 8.026. (a) In this section: |
|
(1) "Department" means the Department of Public |
|
Safety. |
|
(2) "Program" means the motorcycle operator training |
|
and safety program established under Chapter 662, Transportation |
|
Code, as that chapter existed before the effective date of this Act. |
|
(b) As soon as practicable after the effective date of this |
|
article and not later than August 31, 2020, the department shall |
|
dispose of motorcycles and other equipment related to the program |
|
that the department possesses or has leased to entities offering |
|
training under the program. The plan must conform with the |
|
requirements of Subsection (c) of this section. |
|
(c) The department shall dispose of the motorcycles and |
|
other equipment related to the program in the following manner: |
|
(1) not later than February 28, 2020, the department |
|
shall provide to any entity to whom the department leased a |
|
motorcycle or other equipment related to the program a reasonable |
|
period determined by the department to purchase from the department |
|
or return the motorcycle or other equipment; |
|
(2) after the expiration of the period described by |
|
Subdivision (1) of this subsection, but not later than May 31, 2020, |
|
the department shall: |
|
(A) determine the need of the Texas Department of |
|
Licensing and Regulation, the Texas A&M Transportation Institute, |
|
and the Texas A&M Engineering Extension Service for motorcycles and |
|
other equipment necessary to provide motorcycle operator training |
|
for the instructors under the program; and |
|
(B) subject to the need determined under |
|
Paragraph (A) of this subdivision and the availability of |
|
motorcycles and other equipment related to the program, transfer |
|
the motorcycles and equipment to the Texas Department of Licensing |
|
and Regulation, institute, or service under that paragraph, as |
|
applicable; and |
|
(3) after the determination and any transfer under |
|
Subdivision (2) of this subsection, but not later than August 31, |
|
2020, inform the Texas Facilities Commission under Section |
|
2175.182, Government Code, that any remaining motorcycles and |
|
related equipment of the program are surplus or salvage property |
|
and must be disposed of in accordance with Chapter 2175, Government |
|
Code. |
|
(d) Except for the fee described by Section 2175.188, |
|
Government Code, all revenue generated by the disposition of |
|
motorcycles and other equipment related to the program under this |
|
section shall be deposited in the motorcycle education fund account |
|
established under Section 662.011, Transportation Code. |
|
(e) Not later than August 31, 2020, the department and the |
|
Texas Department of Licensing and Regulation shall enter into a |
|
memorandum of understanding regarding any property acquired by the |
|
department by lease or purchase using money from the motorcycle |
|
education fund account established under Section 662.011, |
|
Transportation Code, to ensure that the Department of Public Safety |
|
appropriately compensates the fund for those assets. |
|
SECTION 8.027. (a) In this section: |
|
(1) "Former administrator" means the Texas Department |
|
of Public Safety. |
|
(2) "Licensing commission" means the Texas Commission |
|
of Licensing and Regulation. |
|
(3) "Licensing department" means the Texas Department |
|
of Licensing and Regulation. |
|
(4) "Program" means the: |
|
(A) motorcycle operator training and safety |
|
program under Chapter 662, Transportation Code; and |
|
(B) off-highway vehicle operator education and |
|
certification program under Chapter 663, Transportation Code. |
|
(b) On September 1, 2020: |
|
(1) all functions and activities related to the |
|
program performed by the former administrator immediately before |
|
that date are transferred to the licensing department; |
|
(2) all rules, fees, policies, procedures, decisions, |
|
and forms related to the program adopted by the former |
|
administrator are continued in effect as rules, fees, policies, |
|
procedures, decisions, and forms of the licensing commission or the |
|
licensing department, as applicable, and remain in effect until |
|
amended or replaced by the licensing commission or licensing |
|
department; |
|
(3) a complaint, investigation, contested case, or |
|
other proceeding related to the program before the former |
|
administrator that is pending on September 1, 2020, is transferred |
|
without change in status to the licensing department or the |
|
licensing commission, as appropriate; |
|
(4) all money, contracts, leases, property, and |
|
obligations related to the program of the former administrator are |
|
transferred to the licensing department; |
|
(5) all property related to the program in the custody |
|
of the former administrator is transferred to the licensing |
|
department; and |
|
(6) the unexpended and unobligated balance of any |
|
money appropriated by the legislature for the former administrator |
|
for the purpose of administering the program is transferred to the |
|
licensing department. |
|
(c) The former administrator shall provide the licensing |
|
department with access to any systems or information necessary for |
|
the department to accept the program transferred under this Act. |
|
(d) A license or certificate issued by the former |
|
administrator is continued in effect as a license or certificate of |
|
the licensing department. |
|
(e) On September 1, 2020, all full-time equivalent employee |
|
positions at the former administrator that primarily concern the |
|
administration or enforcement of the program become positions at |
|
the licensing department. |
|
SECTION 8.028. (a) Except as provided by Subsection (b) of |
|
this section, this article takes effect September 1, 2020. |
|
(b) Section 8.026 of this article takes effect immediately |
|
if this Act 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, Section 8.026 takes effect on the 91st day after |
|
the last day of the legislative session. |
|
ARTICLE 9. EFFECTIVE DATE |
|
SECTION 9.001. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2019. |
|
|
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 616 passed the Senate on |
|
April 16, 2019, by the following vote: Yeas 31, Nays 0; |
|
May 23, 2019, Senate refused to concur in House amendments and |
|
requested appointment of Conference Committee; May 23, 2019, House |
|
granted request of the Senate; May 25, 2019, Senate adopted |
|
Conference Committee Report by the following vote: Yeas 30, |
|
Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 616 passed the House, with |
|
amendments, on May 17, 2019, by the following vote: Yeas 142, |
|
Nays 0, two present not voting; May 23, 2019, House granted |
|
request of the Senate for appointment of Conference Committee; |
|
May 26, 2019, House adopted Conference Committee Report by the |
|
following vote: Yeas 146, Nays 0, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |