LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 4, 2009 TO: Honorable Tommy Merritt, Chair, House Committee on Public Safety FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2286 by Driver (Relating to the regulation of the business of private security. ), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Occupations Code as it relates to the business of private security. The billwould change the definitions of "security officer" and "personal protection officer" to include personswho perform certain acts while carrying a firearm and to specify when a personal protection officermust display or conceal the weapon. The bill would authorize the Texas Private Security Board torequest certain additional criminal history information on certain applicants and permit the issuance of administrative subpoenas for production of documents and testimony of witnesses to persons licensed or regulated by the chapter. The bill would provide for sanctions on those who do not comply with a subpoena.Section 22 of the bill would make it a deceptive trade practice under section 17.46 of the Business and Commerce Code to perform any of the activities regulated by Chapter 1702 of the Occupations Code without a license or proper authorization, and specifies that a public or private cause of action may be used to enforce the provision.Section 24 of the bill would amend the Penal Code to provide that a person engaged in duties underChapter 1702 of the Occupations Code is not unlawfully carrying or displaying a weapon if certainconditions are met. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:302 Office of the Attorney General, 405 Department of Public Safety LBB Staff: JOB, ESi, MWU
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 4, 2009
TO: Honorable Tommy Merritt, Chair, House Committee on Public Safety FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2286 by Driver (Relating to the regulation of the business of private security. ), Committee Report 1st House, Substituted
TO: Honorable Tommy Merritt, Chair, House Committee on Public Safety
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB2286 by Driver (Relating to the regulation of the business of private security. ), Committee Report 1st House, Substituted
Honorable Tommy Merritt, Chair, House Committee on Public Safety
Honorable Tommy Merritt, Chair, House Committee on Public Safety
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB2286 by Driver (Relating to the regulation of the business of private security. ), Committee Report 1st House, Substituted
HB2286 by Driver (Relating to the regulation of the business of private security. ), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Occupations Code as it relates to the business of private security. The billwould change the definitions of "security officer" and "personal protection officer" to include personswho perform certain acts while carrying a firearm and to specify when a personal protection officermust display or conceal the weapon. The bill would authorize the Texas Private Security Board torequest certain additional criminal history information on certain applicants and permit the issuance of administrative subpoenas for production of documents and testimony of witnesses to persons licensed or regulated by the chapter. The bill would provide for sanctions on those who do not comply with a subpoena.Section 22 of the bill would make it a deceptive trade practice under section 17.46 of the Business and Commerce Code to perform any of the activities regulated by Chapter 1702 of the Occupations Code without a license or proper authorization, and specifies that a public or private cause of action may be used to enforce the provision.Section 24 of the bill would amend the Penal Code to provide that a person engaged in duties underChapter 1702 of the Occupations Code is not unlawfully carrying or displaying a weapon if certainconditions are met.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 302 Office of the Attorney General, 405 Department of Public Safety
302 Office of the Attorney General, 405 Department of Public Safety
LBB Staff: JOB, ESi, MWU
JOB, ESi, MWU