Texas 2009 - 81st Regular

Texas House Bill HB2286 Compare Versions

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1	1	81R20999 SLB-D
2	2	By: Driver H.B. No. 2286
3	3	Substitute the following for H.B. No. 2286:
4	4	By: Merritt C.S.H.B. No. 2286
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of the business of private security.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1702.002, Occupations Code, is amended
12	12	by amending Subdivision (1-a) and adding Subdivisions (16-a) and
13	13	(20-a) to read as follows:
14	14	(1-a) For purposes of Subdivision (1), the term "alarm
15	15	system" does not include a telephone entry system, an operator for
16	16	opening or closing a residential or commercial gate or door, or an
17	17	accessory used only to activate a gate or door, if the system,
18	18	operator, or accessory is not connected to a computer or data
19	19	processor that records or archives the voice, visual image, or
20	20	identifying information of the user [an alarm system].
21	21	(16-a) "Personal protection officer" means a person
22	22	who performs the activities described by Section 1702.202.
23	23	(20-a) "Security officer" means a person who performs
24	24	the activities described by Section 1702.222.
25	25	SECTION 2. Section 1702.047, Occupations Code, is amended
26	26	to read as follows:
27	27	Sec. 1702.047. ADMINISTRATIVE STAFF. The department shall
28	28	designate a department employee who shall report directly to the
29	29	board. The employee designated under this section shall provide
30	30	administrative assistance to [assist] the board in the performance
31	31	[administration] of the board's duties. [The salary for an
32	32	employee designated under this section may not exceed the salary
33	33	specified in the General Appropriations Act for an employee subject
34	34	to salary group A10.]
35	35	SECTION 3. Section 1702.082(e), Occupations Code, is
36	36	amended to read as follows:
37	37	(e) On written request, the department [The commission, at
38	38	least quarterly until final disposition of the complaint,] shall
39	39	inform [notify] the person filing the complaint and each person who
40	40	is a subject of the complaint of the status of the investigation
41	41	unless the information [notice] would jeopardize an ongoing
42	42	[undercover] investigation.
43	43	SECTION 4. Subchapter A, Chapter 1702, Occupations Code, is
44	44	amended by adding Section 1702.006 to read as follows:
45	45	Sec. 1702.006. FOREIGN ENTITY REGISTRATION. Licensure
46	46	under this chapter does not exempt a foreign entity from the
47	47	registration requirements of Chapter 9, Business Organizations
48	48	Code.
49	49	SECTION 5. Section 1702.1056(a), Occupations Code, is
50	50	amended to read as follows:
51	51	(a) A person acts as a locksmith company for the purposes of
52	52	this chapter if the person:
53	53	(1) sells, installs, services, or maintains, or offers
54	54	to sell, install, service, or maintain, mechanical security
55	55	devices, including deadbolts and locks;
56	56	(2) advertises services offered by the company using
57	57	the term "locksmith"; or
58	58	(3) includes the term "locksmith" in the company's
59	59	name.
60	60	SECTION 6. Section 1702.110, Occupations Code, is amended
61	61	to read as follows:
62	62	Sec. 1702.110. APPLICATION FOR LICENSE. (a) An
63	63	application for a license under this chapter must be in the form
64	64	prescribed by the board [commission] and include:
65	65	(1) the full name and business address of the
66	66	applicant;
67	67	(2) the name under which the applicant intends to do
68	68	business;
69	69	(3) a statement as to the general nature of the
70	70	business in which the applicant intends to engage;
71	71	(4) a statement as to the classification for which the
72	72	applicant requests qualification;
73	73	(5) if the applicant is an entity other than an
74	74	individual, the full name and residence address of each partner,
75	75	officer who oversees the security-related aspects of the business,
76	76	and director of the applicant, and of the applicant's manager;
77	77	(6) if the applicant is an individual, two
78	78	classifiable sets of fingerprints of the applicant or, if the
79	79	applicant is an entity other than an individual, of each officer who
80	80	oversees the security-related aspects of the business and of each
81	81	partner or shareholder who owns at least a 25 percent interest in
82	82	the applicant;
83	83	(7) a verified statement of the applicant's experience
84	84	qualifications in the particular classification in which the
85	85	applicant is applying;
86	86	(8) a report from the department [Texas Department of
87	87	Public Safety] stating the applicant's record of any convictions
88	88	for a Class B misdemeanor or equivalent offense or a greater
89	89	offense;
90	90	(9) the social security number of the individual
91	91	making the application; and
92	92	(10) other information, evidence, statements, or
93	93	documents required by the board [commission].
94	94	(b) An applicant for a license as a security services
95	95	contractor shall maintain a physical address within this state and
96	96	provide that address to the board. The board shall adopt rules to
97	97	enable an out-of-state license holder to comply with this
98	98	subsection.
99	99	SECTION 7. Section 1702.112, Occupations Code, is amended
100	100	to read as follows:
101	101	Sec. 1702.112. FORM OF LICENSE. The board [commission]
102	102	shall prescribe the form of a license, including a branch office
103	103	license. The license must include:
104	104	(1) the name of the license holder;
105	105	(2) the name under which the license holder is to
106	106	operate; [and]
107	107	(3) the license number and the date the license was
108	108	issued; and
109	109	(4) a photograph of the license holder, affixed to the
110	110	license at the time the license is issued by the board.
111	111	SECTION 8. Section 1702.121, Occupations Code, is amended
112	112	to read as follows:
113	113	Sec. 1702.121. TERMINATION OF MANAGER. (a) A license
114	114	holder shall notify the board [commission] in writing not later
115	115	than the 14th day after the date a manager ceases to be manager of
116	116	the license holder's business. The license remains in effect for a
117	117	reasonable period after notice is given as provided by board
118	118	[commission] rule pending the board's [commission's] determination
119	119	of the qualification of another manager under this subchapter.
120	120	(b) Any period of temporary operation authorized under this
121	121	section or Section 1702.122 starts on the effective date of any
122	122	summary action taken against the manager.
123	123	SECTION 9. Section 1702.127, Occupations Code, is amended
124	124	by amending Subsections (b) and (c) and adding Subsection (d) to
125	125	read as follows:
126	126	(b) A license holder shall maintain a record containing
127	127	information related to the license holder's employees as required
128	128	by the board [commission].
129	129	(c) A license holder shall maintain for [commission]
130	130	inspection by the department at the license holder's principal
131	131	place of business or branch office two recent color photographs, of
132	132	a type required by the board [commission], of each applicant,
133	133	registrant, commissioned security officer, and employee of the
134	134	license holder.
135	135	(d) A license holder shall maintain records required under
136	136	this chapter at a physical address within this state and provide
137	137	that address to the board.
138	138	SECTION 10. Section 1702.163, Occupations Code, is amended
139	139	by adding Subsection (d-1) to read as follows:
140	140	(d-1) For the purposes of determining eligibility under
141	141	Subsection (b)(2), the department may require the applicant to
142	142	authorize the release to the department of any relevant medical
143	143	records.
144	144	SECTION 11. Section 1702.201, Occupations Code, is amended
145	145	to read as follows:
146	146	Sec. 1702.201. PERSONAL PROTECTION OFFICER AUTHORIZATION
147	147	REQUIRED. An individual [A commissioned security officer] may not
148	148	act as a personal protection officer unless the individual
149	149	[officer] holds a personal protection officer authorization.
150	150	SECTION 12. Section 1702.202, Occupations Code, is amended
151	151	to read as follows:
152	152	Sec. 1702.202. PERSONAL PROTECTION OFFICER. An individual
153	153	acts as a personal protection officer if the individual, while
154	154	carrying a firearm, [:
155	155	[(1) has been issued a security officer commission to
156	156	carry a concealed firearm; and
157	157	[(2)] provides to another [an] individual personal
158	158	protection from bodily harm.
159	159	SECTION 13. Section 1702.206, Occupations Code, is amended
160	160	to read as follows:
161	161	Sec. 1702.206. LIMITED AUTHORITY TO CARRY [CONCEALED]
162	162	FIREARMS. (a) An individual acting as a personal protection
163	163	officer may not carry a [concealed] firearm unless the officer:
164	164	(1) is either:
165	165	(A) engaged in the exclusive performance of the
166	166	officer's duties as a personal protection officer for the employer
167	167	under whom the officer's personal protection officer authorization
168	168	is issued; or
169	169	(B) traveling to or from the officer's place of
170	170	assignment; and
171	171	(2) carries the officer's security officer commission
172	172	and personal protection officer authorization on the officer's
173	173	person while performing the officer's duties or traveling as
174	174	described by Subdivision (1) and presents the commission and
175	175	authorization on request.
176	176	(b) An individual who is acting as a personal protection
177	177	officer and is wearing the uniform of a security officer, including
178	178	any uniform or apparel described by Section 1702.323(d), may not
179	179	conceal any firearm the individual is carrying and shall carry the
180	180	firearm in plain view. An individual who is acting as a personal
181	181	protection officer and is not wearing the uniform of a security
182	182	officer shall conceal the firearm.
183	183	SECTION 14. Section 1702.221(a), Occupations Code, is
184	184	amended to read as follows:
185	185	(a) An individual must register in accordance with the
186	186	requirements of this chapter and related administrative rules if
187	187	the individual:
188	188	(1) is employed as an alarm systems installer, alarm
189	189	systems monitor, electronic access control device installer,
190	190	locksmith, dog trainer, manager or branch office manager,
191	191	noncommissioned security officer, private investigator, private
192	192	security consultant, or security salesperson; or
193	193	(2) is an owner, officer who oversees the
194	194	security-related aspects of the business, partner, or shareholder
195	195	of a license holder.
196	196	SECTION 15. Section 1702.230, Occupations Code, is amended
197	197	by amending Subsection (b) and adding Subsection (c) to read as
198	198	follows:
199	199	(b) The employer of the applicant shall make a reasonable
200	200	attempt to verify the information required under Subsection (a)(1)
201	201	before the earlier of:
202	202	(1) the date the application is submitted; or
203	203	(2) the date the applicant begins to perform the
204	204	duties of employment that require registration.
205	205	(c) An applicant must submit an application that
206	206	substantially meets the requirements of this section before
207	207	employment in a capacity for which registration is required.
208	208	SECTION 16. Section 1702.232(c), Occupations Code, is
209	209	amended to read as follows:
210	210	(c) The pocket card must:
211	211	(1) state the name of the registrant;
212	212	(2) contain a color photograph, affixed to the pocket
213	213	card by the board at the time the card is issued, and the signature
214	214	of the registrant; and
215	215	(3) state the date the card was issued and the card's
216	216	expiration date.
217	217	SECTION 17. Section 1702.282(a), Occupations Code, is
218	218	amended to read as follows:
219	219	(a) The board shall conduct a criminal history check,
220	220	including a check of any criminal history record information
221	221	maintained by the Federal Bureau of Investigation, in the manner
222	222	provided by Subchapter F, Chapter 411, Government Code, on each
223	223	applicant for a license, registration, security officer
224	224	commission, letter of approval, permit, or certification. As part
225	225	of its criminal history check, the board may request that the
226	226	applicant provide certified copies of relevant court documents or
227	227	other records. The failure to provide the requested records within
228	228	a reasonable time as determined by the board may result in the
229	229	application being considered incomplete. An applicant is not
230	230	eligible for a license, registration, commission, letter of
231	231	approval, permit, or certification if the check reveals that the
232	232	applicant has committed an act that constitutes grounds for the
233	233	denial of the license, registration, commission, letter of
234	234	approval, permit, or certification. Except as provided by
235	235	Subsection (d), each applicant shall include in the application two
236	236	complete sets of fingerprints on forms prescribed by the board
237	237	accompanied by the fee set by the board.
238	238	SECTION 18. Section 1702.286, Occupations Code, as added by
239	239	Chapter 1102 (H.B. 2243), Acts of the 79th Legislature, Regular
240	240	Session, 2005, is renumbered as Section 1702.2865, Occupations
241	241	Code, to read as follows:
242	242	Sec. 1702.2865 [1702.286]. CUSTOMER AUTHORIZATION REQUIRED
243	243	FOR CERTAIN LOCKSMITH SERVICES. (a) A locksmith company or
244	244	locksmith may not perform services for a customer who seeks entry to
245	245	a structure, motor vehicle, or other property unless the customer,
246	246	in the course of the transaction:
247	247	(1) shows the locksmith company or locksmith a
248	248	government-issued identification; and
249	249	(2) provides a signed authorization stating that the
250	250	customer owns or is otherwise entitled to legal access to the
251	251	structure, motor vehicle, or other property.
252	252	(b) A locksmith company or locksmith is exempt from
253	253	Subsection (a) if the locksmith is requested to perform services in
254	254	a case of imminent threat to a person or property.
255	255	SECTION 19. Section 1702.322, Occupations Code, is amended
256	256	to read as follows:
257	257	Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter
258	258	does not apply to:
259	259	(1) a person who has full-time employment as a peace
260	260	officer and who receives compensation for private employment on an
261	261	individual or an independent contractor basis as a patrolman,
262	262	guard, extra job coordinator, or watchman if the officer:
263	263	(A) is employed in an employee-employer
264	264	relationship or employed on an individual contractual basis
265	265	directly by the recipient of the services;
266	266	(B) is not in the employ of another peace
267	267	officer;
268	268	(C) is not a reserve peace officer; and
269	269	(D) works as a peace officer on the average of at
270	270	least 32 hours a week, is compensated by the state or a political
271	271	subdivision of the state at least at the minimum wage, and is
272	272	entitled to all employee benefits offered to a peace officer by the
273	273	state or political subdivision;
274	274	(2) a reserve peace officer while the reserve officer
275	275	is performing guard, patrolman, or watchman duties for a county and
276	276	is being compensated solely by that county;
277	277	(3) a peace officer acting in an official capacity in
278	278	responding to a burglar alarm or detection device; or
279	279	(4) a person engaged in the business of electronic
280	280	monitoring of an individual as a condition of that individual's
281	281	community supervision, parole, mandatory supervision, or release
282	282	on bail, if the person does not perform any other service that
283	283	requires a license under this chapter.
284	284	SECTION 20. Section 1702.361(a), Occupations Code, is
285	285	amended to read as follows:
286	286	(a) The [Subject to the board's final order under the
287	287	hearing provisions of this subchapter, the] department, for conduct
288	288	described by Subsection (b), may:
289	289	(1) deny an application or revoke, suspend, or refuse
290	290	to renew a license, registration, or security officer commission;
291	291	(2) reprimand a license holder, registrant, or
292	292	commissioned security officer; or
293	293	(3) place on probation a person whose license,
294	294	registration, or security officer commission has been suspended.
295	295	SECTION 21. Section 1702.367, Occupations Code, is amended
296	296	by amending Subsection (a) and adding Subsections (f) and (g) to
297	297	read as follows:
298	298	(a) For an investigation conducted under this chapter, if
299	299	necessary to enforce this chapter or the board's rules, the
300	300	department [the commission] may issue an administrative [a]
301	301	subpoena to any person in this state compelling:
302	302	(1) the production of information or documents; or
303	303	(2) the attendance and testimony of a witness [to
304	304	compel the attendance of a witness or the production of a pertinent
305	305	record or document. The hearings officer may administer oaths and
306	306	require testimony or evidence to be given under oath].
307	307	(f) A person licensed or otherwise regulated under this
308	308	chapter who fails without good cause to comply with a subpoena
309	309	issued under this section may be subject to suspension of a license
310	310	under Section 1702.361.
311	311	(g) If a subpoena issued under this section relates to an
312	312	ongoing criminal investigation by the department and the department
313	313	determines that disclosure could significantly impede the
314	314	investigation, the subpoena may provide that the person to whom the
315	315	subpoena is directed may not:
316	316	(1) disclose that the subpoena has been issued;
317	317	(2) identify or describe any records requested by the
318	318	subpoena; or
319	319	(3) disclose whether records have been furnished in
320	320	response to the subpoena.
321	321	SECTION 22. Subchapter P, Chapter 1702, Occupations Code,
322	322	is amended by adding Section 1702.3835 to read as follows:
323	323	Sec. 1702.3835. DECEPTIVE TRADE PRACTICE. (a) A person who
324	324	performs or offers to perform an activity regulated under this
325	325	chapter, but who is not licensed or otherwise authorized under this
326	326	chapter to perform the activity, commits a false, misleading, or
327	327	deceptive act or practice within the meaning of Section 17.46,
328	328	Business & Commerce Code.
329	329	(b) A public or private right or remedy under Chapter 17,
330	330	Business & Commerce Code, may be used to enforce this chapter.
331	331	SECTION 23. Section 46.03(d), Penal Code, is amended to
332	332	read as follows:
333	333	(d) It is a defense to prosecution under Subsection (a)(5)
334	334	that the actor possessed a firearm or club while traveling to or
335	335	from the actor's place of assignment or in the actual discharge of
336	336	duties as:
337	337	(1) a member of the armed forces or national guard;
338	338	(2) a guard employed by a penal institution; or
339	339	(3) a security officer commissioned by the Texas
340	340	[Board of Private Investigators and] Private Security Board
341	341	[Agencies] if:
342	342	(A) the actor is wearing a distinctive uniform;
343	343	and
344	344	(B) the firearm or club is in plain view; or
345	345	(4) [(5)] a security officer who holds a personal
346	346	protection authorization under Chapter 1702, Occupations Code,
347	347	provided that the officer is either:
348	348	(A) wearing the uniform of a security officer,
349	349	including any uniform or apparel described by Section 1702.323(d),
350	350	Occupations Code, and carrying the officer's firearm in plain view;
351	351	or
352	352	(B) not wearing the uniform of a security officer
353	353	and carrying the officer's firearm in a concealed manner [the
354	354	Private Investigators and Private Security Agencies Act (Article
355	355	4413(29bb), Vernon's Texas Civil Statutes)].
356	356	SECTION 24. Section 46.15(b), Penal Code, as amended by
357	357	Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048 (H.B. 2101), Acts
358	358	of the 80th Legislature, Regular Session, 2007, is reenacted and
359	359	amended to read as follows:
360	360	(b) Section 46.02 does not apply to a person who:
361	361	(1) is in the actual discharge of official duties as a
362	362	member of the armed forces or state military forces as defined by
363	363	Section 431.001, Government Code, or as a guard employed by a penal
364	364	institution;
365	365	(2) is traveling;
366	366	(3) is engaging in lawful hunting, fishing, or other
367	367	sporting activity on the immediate premises where the activity is
368	368	conducted, or is en route between the premises and the actor's
369	369	residence or motor vehicle, if the weapon is a type commonly used in
370	370	the activity;
371	371	(4) holds a security officer commission issued by the
372	372	Texas Private Security Board, if the person[:
373	373	[(A)] is engaged in the performance of the
374	374	person's duties as an officer commissioned under Chapter 1702,
375	375	Occupations Code, or is traveling to or from the person's place of
376	376	assignment[;] and
377	377	[(B)] is [either:
378	378	[(i)] wearing the officer's uniform and
379	379	carrying the officer's weapon in plain view; [or]
380	380	(5) acts [(ii) acting] as a personal protection
381	381	officer and carries [carrying] the person's security officer
382	382	commission and personal protection officer authorization, if the
383	383	person:
384	384	(A) is engaged in the performance of the person's
385	385	duties as a personal protection officer under Chapter 1702,
386	386	Occupations Code, or is traveling to or from the person's place of
387	387	assignment; and
388	388	(B) is either:
389	389	(i) wearing the uniform of a security
390	390	officer, including any uniform or apparel described by Section
391	391	1702.323(d), Occupations Code, and carrying the officer's weapon in
392	392	plain view; or
393	393	(ii) not wearing the uniform of a security
394	394	officer and carrying the officer's weapon in a concealed manner;
395	395	(6) [(5)] is carrying a concealed handgun and a valid
396	396	license issued under Subchapter H, Chapter 411, Government Code, to
397	397	carry a concealed handgun of the same category as the handgun the
398	398	person is carrying;
399	399	(7) [(6)] holds an alcoholic beverage permit or
400	400	license or is an employee of a holder of an alcoholic beverage
401	401	permit or license if the person is supervising the operation of the
402	402	permitted or licensed premises; or
403	403	(8) [(7)] is a student in a law enforcement class
404	404	engaging in an activity required as part of the class, if the weapon
405	405	is a type commonly used in the activity and the person is:
406	406	(A) on the immediate premises where the activity
407	407	is conducted; or
408	408	(B) en route between those premises and the
409	409	person's residence and is carrying the weapon unloaded.
410	410	SECTION 25. The change in law made by this Act to Sections
411	411	1702.110, 1702.221(a), and 1702.282(a), Occupations Code, apply to
412	412	an application under Chapter 1702, Occupations Code, submitted on
413	413	or after the effective date of this Act. An application submitted
414	414	before the effective date of this Act is governed by the law in
415	415	effect on the date the application was submitted, and the former law
416	416	is continued in effect for that purpose.
417	417	SECTION 26. To the extent of any conflict, this Act prevails
418	418	over another Act of the 81st Legislature, Regular Session, 2009,
419	419	relating to nonsubstantive additions to and corrections in enacted
420	420	codes.
421	421	SECTION 27. This Act takes effect September 1, 2009.