Texas 2009 - 81st Regular

Texas House Bill HB2287 Compare Versions

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1	1	81R10789 SLB-F
2	2	By: Driver H.B. No. 2287
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of investigations companies and the
8	8	performance of investigative services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1702.104, Occupations Code, is amended
11	11	to read as follows:
12	12	Sec. 1702.104. INVESTIGATIONS COMPANY. (a) A person acts
13	13	as an investigations company for the purposes of this chapter if the
14	14	person:
15	15	(1) engages in the business of obtaining or
16	16	furnishing, or accepts employment to obtain or furnish, information
17	17	related to:
18	18	(A) crime or wrongs done or threatened against a
19	19	person, state, or the United States;
20	20	(B) the identity, habits, business, occupation,
21	21	knowledge, efficiency, loyalty, movement, location, affiliations,
22	22	associations, transactions, acts, reputation, or character of a
23	23	person;
24	24	(C) the location, disposition, or recovery of
25	25	lost or stolen property; or
26	26	(D) the cause or responsibility for a fire,
27	27	libel, loss, accident, damage, or injury to a person or to property;
28	28	(2) engages in the business of securing, or accepts
29	29	employment to secure, evidence for use before a court, board,
30	30	officer, or investigating committee;
31	31	(3) engages in the business of securing, or accepts
32	32	employment to secure, the electronic tracking of the location of an
33	33	individual or motor vehicle other than for criminal justice
34	34	purposes by or on behalf of a governmental entity; or
35	35	(4) engages in the business of protecting, or accepts
36	36	employment to protect, an individual from bodily harm through the
37	37	use of a personal protection officer.
38	38	(b) For purposes of Subsection (a)(1), obtaining or
39	39	furnishing information includes information obtained or furnished
40	40	through the review and analysis of, and the investigation into the
41	41	content of, computer-based data not available to the public. The
42	42	repair or maintenance of a computer does not constitute an
43	43	investigation for purposes of this section and does not require
44	44	licensing under this chapter if:
45	45	(1) the review or analysis of computer-based data is
46	46	performed only to diagnose a computer or software problem;
47	47	(2) there is no intent to obtain or furnish
48	48	information described by Subsection (a)(1); and
49	49	(3) the discovery of any information described by
50	50	Subsection (a)(1) is inadvertent.
51	51	SECTION 2. Section 1702.324(b), Occupations Code, is
52	52	amended to read as follows:
53	53	(b) This chapter does not apply to:
54	54	(1) a manufacturer or a manufacturer's authorized
55	55	distributor while selling equipment intended for resale;
56	56	(2) a person engaged exclusively in the business of
57	57	obtaining and providing information to:
58	58	(A) determine creditworthiness;
59	59	(B) collect debts; or
60	60	(C) ascertain the reliability of information
61	61	provided by an applicant for property, life, or disability
62	62	insurance or an indemnity or surety bond;
63	63	(3) a person engaged exclusively in the business of
64	64	repossessing property that is secured by a mortgage or other
65	65	security interest;
66	66	(4) a person who is engaged in the business of
67	67	psychological testing or other testing and interviewing services,
68	68	including services to determine attitudes, honesty, intelligence,
69	69	personality, and skills, for preemployment purposes;
70	70	(5) a person who:
71	71	(A) is engaged in obtaining information that is a
72	72	public record under Chapter 552, Government Code, regardless of
73	73	whether the person receives compensation;
74	74	(B) is not a full-time employee, as defined by
75	75	Section 61.001, Labor Code, of a person licensed under this
76	76	chapter; and
77	77	(C) does not perform any other act that requires
78	78	a license under this chapter;
79	79	(6) a licensed engineer practicing engineering or
80	80	directly supervising engineering practice under Chapter 1001,
81	81	including forensic analysis, burglar alarm system engineering, and
82	82	necessary data collection;
83	83	(7) an employee of a cattle association who inspects
84	84	livestock brands under the authority granted to the cattle
85	85	association by the Grain Inspection, Packers and Stockyards
86	86	Administration of the United States Department of Agriculture;
87	87	(8) a landman performing activities in the course and
88	88	scope of the landman's business;
89	89	(9) an attorney while engaged in the practice of law;
90	90	(10) a person who obtains a document for use in
91	91	litigation under an authorization or subpoena issued for a written
92	92	or oral deposition;
93	93	(11) an admitted insurer, insurance adjuster, agent,
94	94	or insurance broker licensed by the state, performing duties in
95	95	connection with insurance transacted by that person;
96	96	(12) a person who on the person's own property or on
97	97	property owned or managed by the person's employer:
98	98	(A) installs, changes, or repairs a mechanical
99	99	security device;
100	100	(B) repairs an electronic security device; or
101	101	(C) cuts or makes a key for a security device;
102	102	(13) security personnel, including security contract
103	103	personnel, working at a commercial nuclear power plant licensed by
104	104	the United States Nuclear Regulatory Commission;
105	105	(14) a person or firm licensed as an accountant or
106	106	accounting firm under Chapter 901, an owner of an accounting firm,
107	107	or an employee of an accountant or accounting firm while performing
108	108	services regulated under Chapter 901; [or]
109	109	(15) a retailer, wholesaler, or other person who sells
110	110	mechanical security devices, including locks and deadbolts, but who
111	111	does not:
112	112	(A) service mechanical security devices for the
113	113	public outside of the person's premises; or
114	114	(B) claim to act as a locksmith; or
115	115	(16) an employee while performing investigative
116	116	services that would otherwise be subject to this chapter for an
117	117	entity regulated by the:
118	118	(A) Texas Department of Insurance;
119	119	(B) Office of Thrift Supervision;
120	120	(C) Securities and Exchange Commission;
121	121	(D) Federal Deposit Insurance Corporation;
122	122	(E) National Association of Securities Dealers;
123	123	or
124	124	(F) Financial Industry Regulatory Authority.
125	125	SECTION 3. This Act takes effect immediately if it receives
126	126	a vote of two-thirds of all the members elected to each house, as
127	127	provided by Section 39, Article III, Texas Constitution. If this
128	128	Act does not receive the vote necessary for immediate effect, this
129	129	Act takes effect September 1, 2009.