By: Frazier (Senate Sponsor - Alvarado) H.B. No. 3424

(In the Senate - Received from the House May 15, 2023; May 16, 2023, read first time and referred to Committee on Criminal Justice; May 21, 2023, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; May 21, 2023, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 3424 By: Flores

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility and training requirements for commissioned security officers and personal protection officers.

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

SECTION 1. Section 1702.163, Occupations Code, is amended by amending Subsection (a) and adding Subsection (h) 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;

(2) met each qualification established by this chapter and administrative rule;

(3) achieved the score required by the department 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 standards for minimum marksmanship competency with a handgun; and

(5) provided proof of completion by and the results of the Minnesota Multiphasic Personality Inventory test for the applicant.

(h) The commission by rule shall require an applicant for a security officer commission to complete the Minnesota Multiphasic Personality Inventory test. The department may use the results of the test to evaluate the applicant's psychological fitness.

SECTION 2. Sections 1702.1675(a) and (g), Occupations Code, are amended to read as follows:

(a) The commission 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 self-defense tactics; and

(3) range instruction on handgun proficiency.

(g) The handgun proficiency and self-defense course must include at least 10 hours and not more than 15 hours of in-person instruction with an on-site instructor approved by the department on:

(1) the laws that relate to weapons and to the use of deadly force;

(2) handgun use, proficiency, and safety;

(3) nonviolent dispute resolution; [and]

(4) proper storage practices for handguns, with an emphasis on storage practices that eliminate the possibility of accidental injury to a child; and

(5) self-defense tactics.

SECTION 3. Section 1702.1685(a), Occupations Code, is amended to read as follows:

(a) The proficiency examination required to obtain or renew a security officer commission must include:

(1) a written section on the subjects listed in Sections 1702.1675(g)(1)-(4) [Section 1702.1675(g)]; and

(2) a physical demonstration of handgun proficiency that meets the minimum standards established under Section 1702.1675(h) or (i).

SECTION 4. Section 1702.205(b), Occupations Code, is amended to read as follows:

(b) The training required by this section:

(1) must be provided in-person; and

(2) is in addition to the basic training course for security officers.

SECTION 5. A person who holds a security officer commission issued under Chapter 1702, Occupations Code, on January 1, 2024, and applies to renew the commission on or after January 1, 2024, shall provide to Department of Public Safety, at the time of the person's first renewal of the commission on or after that date, proof of completion and the results of the Minnesota Multiphasic Personality Inventory psychological test taken by the person. The department may use the results of the test to evaluate the applicant's psychological fitness.

SECTION 6. Section 1702.163(a), Occupations Code, as amended by this Act, applies only to an application for a security officer commission submitted on or after January 1, 2024. An application for a security officer commission submitted before January 1, 2024, 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. (a) Section 1702.1675, Occupations Code, as amended by this Act, applies only to a basic training course for commissioned security officers that begins on or after January 1, 2024. A basic training course for commissioned security officers that begins before January 1, 2024, 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.

(b) Not later than January 1, 2024, the Public Safety Commission shall update the basic training course for commissioned security officers to comply with Section 1702.1675, Occupations Code, as amended by this Act.

SECTION 8. Section 1702.205, Occupations Code, as amended by this Act, applies only to a personal protection officer training course that begins on or after January 1, 2024. A personal protection officer training course that begins before January 1, 2024, 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 9. This Act takes effect September 1, 2023.

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