81R3326 BEF/SLB/JSC-F
By: Kolkhorst H.B. No. 2730
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Department of
Public Safety of the State of Texas and the Texas Private Security
Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHANGES TO VEHICLE INSPECTION PROGRAM
SECTION 1.01. Subchapter A, Chapter 548, Transportation
Code, is amended by adding Section 548.008 to read as follows:
Sec. 548.008. VEHICLE INSPECTION PROGRAM DIRECTOR. (a)
The vehicle inspection program is managed by a program director.
The program director may not be a commissioned officer.
(b) The office of the vehicle inspection program director
must be located in Austin, Texas.
(c) The duties of the program director include:
(1) responsibility for the quality of the vehicle
inspection program;
(2) coordination of the regional offices;
(3) compilation of regional and statewide performance
data;
(4) the establishment of best practices and
distribution of those practices to the regional offices;
(5) setting goals for the entire program, in
consultation with the public safety director or the public safety
director's designee, and setting goals for each regional office in
consultation with the regional managers;
(6) monitoring the progress toward the goals set in
Subdivision (5) and evaluating the program based on that progress;
and
(7) coordination with the Texas Highway Patrol to
enforce provisions related to vehicle inspection.
(d) The regional offices shall make reports as requested by
the program director.
ARTICLE 2. DIVISION OF EMERGENCY MANAGEMENT
PART A. ORGANIZATION OF DIVISION
SECTION 2A.01. Section 418.004, Government Code, is amended
by amending Subdivision (2) and adding Subdivision (9) to read as
follows:
(2) "Division" means the Texas Division of Emergency
Management [division of emergency management in the office of the
governor].
(9) "Department" means the Department of Public Safety
of the State of Texas.
SECTION 2A.02. Sections 418.041(a), (b), and (c),
Government Code, are amended to read as follows:
(a) The Texas Division of Emergency Management [division of
emergency management] is a division of the department [office of
the governor].
(b) The division is managed by a chief [director] appointed
by the public safety director of the department, with the approval
of the governor. The chief [director] serves at the pleasure of the
public safety director [governor].
(c) At least once every two months, the following shall meet
to coordinate efforts, prevent overlap of activities, and ensure
that the state's approach to emergency management and homeland
security is unified:
(1) a representative of the department;
(2) a representative of the division;
(3) a representative of the governor's office of
homeland security;
(4) the presiding officer of the Homeland Security
Council; and
(5) a state agency representative from the emergency
management council, selected by the chair of the emergency
management council. [The director shall appoint a state
coordinator.]
SECTION 2A.03. Section 418.072, Government Code, is amended
to read as follows:
Sec. 418.072. DISASTER EMERGENCY FUNDING BOARD. The
disaster emergency funding board is composed of:
(1) the governor;
(2) the lieutenant governor;
(3) the commissioner of insurance;
(4) the executive commissioner of the Health and
[Department of] Human Services Commission; and
(5) the chief [director] of the division.
SECTION 2A.04. Section 418.074(b), Government Code, is
amended to read as follows:
(b) If a gift, grant, or loan is accepted by the state, the
governor, or the emergency management council or chief of the
division [state coordinator] if designated by the governor, may
dispense the gift, grant, or loan directly to accomplish the
purpose for which it was made or may allocate and transfer to a
political subdivision services, equipment, supplies, materials, or
funds in the amount the governor or the governor's designee may
determine.
PART B. CONFORMING AMENDMENTS REFLECTING DIVISION'S NAME CHANGE
SECTION 2B.01. Section 12.0012, Agriculture Code, is
amended to read as follows:
Sec. 12.0012. NOTIFICATION. The department shall, upon
submission for publication, notify the Texas Division of Emergency
Management [division of emergency management in the office of the
governor] of each quarantine it adopts. The department shall
thereafter cooperate with the Texas Division of Emergency
Management [division of emergency management] in implementing any
necessary safeguards to protect the state's agricultural resources
from potential economic, health, or ecological disaster that may
result from the quarantined pest or disease.
SECTION 2B.02. Sections 88.303(a) and (d), Education Code,
are amended to read as follows:
(a) Notwithstanding any other law, during any period in
which Texas Task Force 1 is activated by the Texas Division of
Emergency Management [governor's division of emergency
management], or during any training session sponsored or sanctioned
by Texas Task Force 1, a participating nongovernment member or
local government employee member is included in the coverage
provided under Chapter 501, Labor Code, in the same manner as an
employee, as defined by Section 501.001, Labor Code.
(d) Notwithstanding Section 412.0123, Labor Code, as added
by Chapter 1098, Acts of the 75th Legislature, Regular Session,
1997, the Texas Division of Emergency Management [governor's
division of emergency management] shall reimburse the State Office
of Risk Management for the actual medical and indemnity benefits
paid on behalf of a covered member of Texas Task Force 1 at the
beginning of the next state fiscal year occurring after the date the
benefits are paid.
SECTION 2B.03. Section 418.014(e), Government Code, is
amended to read as follows:
(e) An executive order or proclamation shall be
disseminated promptly by means intended to bring its contents to
the attention of the general public. An order or proclamation shall
be filed promptly with the division [of emergency management], the
secretary of state, and the county clerk or city secretary in each
area to which it applies unless the circumstances attendant on the
disaster prevent or impede the filing.
SECTION 2B.04. The heading to Subchapter C, Chapter 418,
Government Code, is amended to read as follows:
SUBCHAPTER C. TEXAS DIVISION OF EMERGENCY MANAGEMENT
SECTION 2B.05. Section 418.073(d), Government Code, is
amended to read as follows:
(d) The [governor's] division [of emergency management]
shall administer the disaster contingency fund and shall develop
and implement rules and procedures for providing emergency
assistance from the fund.
SECTION 2B.06. Section 421.021(a), Government Code, is
amended to read as follows:
(a) The Homeland Security Council is composed of the
governor or the governor's designee and one representative of each
of the following entities, appointed by the single statewide
elected or appointed governing officer, administrative head, or
chair, as appropriate, of the entity:
(1) Department of Agriculture;
(2) office of the attorney general;
(3) General Land Office;
(4) Public Utility Commission of Texas;
(5) Department of State Health Services;
(6) Department of Information Resources;
(7) Department of Public Safety of the State of Texas;
(8) Texas Division of Emergency Management [division
of emergency management of the office of the governor];
(9) adjutant general's department;
(10) Texas Commission on Environmental Quality;
(11) Railroad Commission of Texas;
(12) Texas Strategic Military Planning Commission;
(13) Texas Department of Transportation;
(14) Commission on State Emergency Communications;
(15) Office of State-Federal Relations;
(16) secretary of state;
(17) Senate Committee on Transportation and Homeland
Security;
(18) House Committee on Defense Affairs and
State-Federal Relations;
(19) Texas Animal Health Commission;
(20) Texas Association of Regional Councils;
(21) Texas Commission on Law Enforcement Officer
Standards and Education;
(22) state fire marshal's office;
(23) Texas Education Agency;
(24) Texas Commission on Fire Protection;
(25) Parks and Wildlife Department;
(26) Texas Forest Service; and
(27) Texas Water Development Board.
SECTION 2B.07. Section 661.907(b), Government Code, is
amended to read as follows:
(b) The number of certified disaster service volunteers who
are eligible for leave under this section may not exceed 350 state
employees at any one time during a fiscal year. The Texas Division
of Emergency Management [division of emergency management in the
governor's office] shall coordinate the establishment and
maintenance of the list of eligible employees.
SECTION 2B.08. Section 661.919(b), Government Code, is
amended to read as follows:
(b) The number of amateur radio operators who are eligible
for leave under this section may not exceed 350 state employees at
any one time during a state fiscal year. The Texas Division of
Emergency Management [division of emergency management in the
governor's office] shall coordinate the establishment and
maintenance of the list of eligible employees.
SECTION 2B.09. Section 501.001(5), Labor Code, is amended
to read as follows:
(5) "Employee" means a person who is:
(A) in the service of the state pursuant to an
election, appointment, or express oral or written contract of hire;
(B) paid from state funds but whose duties
require that the person work and frequently receive supervision in
a political subdivision of the state;
(C) a peace officer employed by a political
subdivision, while the peace officer is exercising authority
granted under:
(i) Article 2.12, Code of Criminal
Procedure; or
(ii) Articles 14.03(d) and (g), Code of
Criminal Procedure;
(D) a member of the state military forces, as
defined by Section 431.001, Government Code, who is engaged in
authorized training or duty; or
(E) a Texas Task Force 1 member, as defined by
Section 88.301, Education Code, who is activated by the Texas
Division of Emergency Management [governor's division of emergency
management] or is injured during any training session sponsored or
sanctioned by Texas Task Force 1.
SECTION 2B.10. Sections 16.055(a) and (b), Water Code, are
amended to read as follows:
(a) The chief [coordinator] of the Texas Division of
Emergency Management [division of emergency management of the
office of the governor] is the state drought manager. The state
drought manager is responsible for managing and coordinating the
drought response component of the state water plan.
(b) The drought preparedness council is created and shall
meet as necessary to carry out the provisions of this section. The
council is composed of one representative from each of the
following entities, appointed by the administrative head of that
entity:
(1) the Texas Division of Emergency Management
[division of emergency management of the office of the governor];
(2) the board;
(3) the commission;
(4) the Parks and Wildlife Department;
(5) the Department of Agriculture;
(6) the Texas AgriLife [Agricultural] Extension
Service;
(7) the State Soil and Water Conservation Board;
(8) the Texas Department of Housing and Community
Affairs;
(9) the Texas Forest Service;
(10) the Texas Department of Transportation;
(11) the Texas Department of Economic Development; and
(12) a representative of groundwater management
interests who is appointed by the governor.
SECTION 2B.11. Section 1(3), Chapter 350 (S.B. 1101), Acts
of the 71st Legislature, Regular Session, 1989 (Article 6419c,
Vernon's Texas Civil Statutes), is amended to read as follows:
(3) "Division of emergency management" means the Texas
Division of Emergency Management [division of emergency management
of the office of the governor].
SECTION 2B.12. A reference in law or a rule to the
"governor's division of emergency management" or the "division of
emergency management in the office of the governor" means the Texas
Division of Emergency Management in the Department of Public Safety
of the State of Texas.
ARTICLE 3. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE FOR
INTOXICATION OFFENSES
SECTION 3.01. Section 524.038, Transportation Code, is
amended by amending Subsection (d) and adding Subsection (e) to
read as follows:
(d) An affidavit from an expert witness [a person] whose
presence is timely requested [under this section] is inadmissible
if the expert witness [person] fails to appear at a hearing without
a showing of good cause. Otherwise, an affidavit under this section
may be submitted in lieu of an appearance at the hearing by the
[breath test operator, breath test technical supervisor, or] expert
witness.
(e) An affidavit from a breath test operator or breath test
technical supervisor is admissible unless the judge determines that
justice requires the breath test operator or breath test technical
supervisor to be present.
SECTION 3.02. Section 524.039, Transportation Code, is
amended to read as follows:
Sec. 524.039. APPEARANCE OF TECHNICIANS AT HEARING. (a)
Not [Notwithstanding Section 524.038, if not] later than the fifth
day before the date of a scheduled hearing, [the department
receives from] the person who requested a hearing may apply to the
State Office of Administrative Hearings to issue a subpoena for the
attendance [written notice, including a facsimile transmission,
requesting the presence at the hearing] of the breath test operator
who took the specimen of the person's breath to determine alcohol
concentration or the certified breath test technical supervisor
responsible for maintaining and directing the operation of the
breath test instrument used to analyze the specimen of the person's
breath, or both[, each requested person must appear at the
hearing]. The State Office of Administrative Hearings shall issue
the subpoena only on a showing of good cause.
(b) The department may reschedule a hearing once not less
than 48 hours before the hearing if a [the] person subpoenaed
[requested to attend] under Subsection (a) is unavailable. The
department may also reschedule the hearing on showing good cause
that a [the] person subpoenaed [requested] under Subsection (a) is
not available at the time of the hearing.
ARTICLE 4. CHANGES TO PRIVATE SECURITY ACT
SECTION 4.01. Section 1702.002, Occupations Code, is
amended by amending Subdivisions (2), (3), (5), (11), (12), (13),
(17), (19), (20), and (21) and adding Subdivision (6-b) 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 board [commission] records.
(3) "Branch office license" means a permit issued by
the board [commission] that entitles a person to operate at a branch
office as a security services contractor or investigations company.
(5) "Commissioned security officer" means a security
officer to whom a security officer commission has been issued by the
board [commission].
(6-b) "Endorsement" means a permit entitling an
individual holding a registration to perform a service regulated by
this chapter for an appropriately licensed company.
(11) "Letter of authority" means a permit issued by
the board [commission] that entitles the security department of a
private business or a political subdivision to employ a
commissioned security officer.
(12) "License" means a permit issued by the board
[commission] that entitles a person to operate as a security
services contractor or investigations company.
(13) "License holder" means a person to whom the board
[commission] issues a license.
(17) "Personal protection officer endorsement
[authorization]" means a permit issued by the board [commission]
that entitles an individual to act as a personal protection
officer.
(19) "Registrant" means an individual who has
registered with the board [commission] under Section 1702.221.
(20) "Registration" means a permit issued by the board
[commission] to an individual described by Section 1702.221.
(21) "Security officer commission" means an
authorization issued by the board [commission] that entitles a
security officer to carry a firearm.
SECTION 4.02. Section 1702.004, Occupations Code, is
amended to read as follows:
Sec. 1702.004. GENERAL SCOPE OF REGULATION. (a) The 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) issues endorsements [authorizations] to certain
security officers engaged in the personal protection of
individuals;
(4) registers and endorses:
(A) certain individuals connected with a license
holder; and
(B) certain individuals employed in a field
connected to private investigation or private security; and
(5) regulates license holders, security officers,
[and] registrants, and endorsement holders under this chapter.
(b) The board shall adopt rules necessary to comply with
Chapter 53 [does not apply to this chapter or to any licensing,
regulatory, or disciplinary determinations made under this
chapter]. In its rules under this section, the board shall list the
specific offenses for each category of regulated persons for which
a conviction would constitute grounds for the board to take action
under Section 53.021.
SECTION 4.03. The heading to Subchapter B, Chapter 1702,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. TEXAS [COMMISSION ON] PRIVATE SECURITY BOARD
SECTION 4.04. Section 1702.021, Occupations Code, is
amended to read as follows:
Sec. 1702.021. BOARD [COMMISSION] MEMBERSHIP. (a) The
Texas Private Security Board consists of seven members appointed by
the governor with the advice and consent of the senate as follows:
(1) four 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; and
(4) one member who is licensed under this chapter as
the owner or operator of a guard company.
(b) Appointments to the board [commission] shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointee.
(c) On presentation by a board [commission] member of the
constitutional oath taken by the member, together with the
certificate of appointment, the secretary of state shall issue a
commission to the member as evidence of the member's authority to
act as a board [commission] member.
SECTION 4.05. Section 1702.023, Occupations Code, is
amended to read as follows:
Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The board's
[commission's] public members must be representatives of the
general public. A person may not be a public member of the board
[commission] 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 board [commission];
(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 board
[commission]; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the board [commission] other than
compensation or reimbursement authorized by law for board
[commission] membership, attendance, or expenses.
SECTION 4.06. Sections 1702.024(b) and (c), Occupations
Code, are amended to read as follows:
(b) A person may not be a board [commission] member and may
not be a board [commission] employee 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 board [commission] member or act as
general counsel to the board [commission] 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 agency.
SECTION 4.07. Section 1702.027, Occupations Code, is
amended to read as follows:
Sec. 1702.027. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board [commission] that a member:
(1) does not have the qualifications required by
Section 1702.021 at the time of taking office;
(2) does not maintain the qualifications required by
Section 1702.021 during service on the board [commission];
(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 board [commission] meetings that the member is eligible
to attend during a calendar year without an excuse approved by a
majority vote of the board [commission].
(b) The validity of an action of the board [commission] is
not affected by the fact that it is taken when a ground for removal
of a board [commission] member exists.
(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the presiding officer
of the board [commission] of the potential ground. The presiding
officer shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential ground
for removal involves the presiding officer, the director shall
notify the next highest ranking officer of the board [commission],
who shall then notify the governor and the attorney general that a
potential ground for removal exists.
SECTION 4.08. Section 1702.028, Occupations Code, is
amended to read as follows:
Sec. 1702.028. PER DIEM; REIMBURSEMENT. (a) A board
[commission] member is entitled to a per diem as set by legislative
appropriation for each day the member engages in the business of the
board [commission].
(b) A member is entitled to reimbursement for travel
[transportation] expenses incurred while conducting board
business, including expenses for transportation, meals, and
lodging, as prescribed by the General Appropriations Act. [A
member may not receive compensation for travel expenses, including
expenses for meals and lodging, other than transportation
expenses.]
SECTION 4.09. Section 1702.029, Occupations Code, is
amended to read as follows:
Sec. 1702.029. MEETINGS. The board [commission] shall meet
at regular intervals to be decided by the board [commission].
SECTION 4.10. Section 1702.030, Occupations Code, is
amended to read as follows:
Sec. 1702.030. TRAINING. (a) A person who is appointed to
and qualifies for office as a board [commission] member may not
vote, deliberate, or be counted as a member in attendance at a board
[commission] meeting until the person completes a training program
that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the programs operated by the board [commission];
(3) the role and functions of the board [commission];
(4) the rules of the board [commission], with an
emphasis on the rules that relate to disciplinary and investigatory
authority;
(5) the current budget for the board [commission];
(6) the results of the most recent formal audit of the
board [commission];
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict of interest laws; and
(8) any applicable ethics policies adopted by the
board [commission] or the Texas Ethics Commission.
(c) A person appointed to the board [commission] is entitled
to reimbursement, as provided by the General Appropriations Act,
for the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 4.11. Section 1702.041, Occupations Code, is
amended to read as follows:
Sec. 1702.041. DIRECTOR. (a) The director is the chief
administrator of the board [commission]. The director shall
perform duties as prescribed by the board [commission].
(b) The director is a full-time employee of the board
[commission]. A board [commission] member may not serve as
director.
SECTION 4.12. Section 1702.042, Occupations Code, is
amended to read as follows:
Sec. 1702.042. PERSONNEL; CONFLICT OF INTEREST. An
employee of the board [commission] may not:
(1) have a financial or business interest, contingent
or otherwise, in a security services contractor or investigations
company; or
(2) be licensed under this chapter.
SECTION 4.13. Section 1702.043, Occupations Code, is
amended to read as follows:
Sec. 1702.043. DIVISION OF RESPONSIBILITIES. The board
[commission] shall develop and implement policies that clearly
separate the policy-making responsibilities of the board
[commission] and the management responsibilities of the director
and staff of the board [commission].
SECTION 4.14. Section 1702.044, Occupations Code, is
amended to read as follows:
Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The director or the director's designee shall provide
to board [commission] members and to agency employees, as often as
necessary, information regarding the requirements for 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 4.15. Section 1702.045(b), Occupations Code, is
amended to read as follows:
(b) The director or the director's designee shall develop a
system of annual performance evaluations. All merit pay for board
[commission] employees must be based on the system established
under this subsection.
SECTION 4.16. Section 1702.046(a), Occupations Code, is
amended to read as follows:
(a) The director or the director's designee shall prepare
and maintain a written policy statement that implements an equal
employment opportunity program to ensure that all personnel
decisions are made without regard to race, creed, color,
disability, sex, religion, age, or national origin. The policy
statement must include:
(1) personnel policies, including policies related to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board [commission] to avoid
the unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition
of the board's [commission's] personnel is in accordance with
federal and state law and a description of reasonable methods to
achieve compliance with federal and state law.
SECTION 4.17. The heading to Subchapter D, Chapter 1702,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. POWERS AND DUTIES OF BOARD [COMMISSION]
SECTION 4.18. Section 1702.061, Occupations Code, is
amended to read as follows:
Sec. 1702.061. GENERAL POWERS AND DUTIES OF BOARD
[COMMISSION]. (a) The board [Texas Commission on Private
Security] shall perform the functions and duties provided by this
chapter.
(b) The board [commission] shall adopt rules and general
policies to guide the agency in the administration of this chapter.
(c) The rules and policies adopted by the board [commission]
under Subsection (b) must be consistent with this chapter and other
board [commission] rules adopted under this chapter and with any
other applicable law, state rule, or federal regulation.
(d) The board [commission] has the powers and duties to:
(1) determine the qualifications of license holders,
registrants, endorsement holders, and commissioned security
officers;
(2) investigate alleged violations of this chapter and
of board [commission] rules;
(3) adopt rules necessary to implement this chapter;
and
(4) establish and enforce standards governing the
safety and conduct of each person licensed, registered, or
commissioned under this chapter.
(e) The board [commission] shall have a seal in the form
prescribed by the board [commission].
(f) The board [commission] may commission investigators who
are employed full-time by the board [commission] as peace officers
for the limited purpose of assisting the board [commission] in
investigating alleged violations of this chapter and of board
[commission] rules.
SECTION 4.19. Subchapter D, Chapter 1702, Occupations Code,
is amended by adding Section 1702.0612 to read as follows:
Sec. 1702.0612. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
SECTION 4.20. Section 1702.062, Occupations Code, is
amended to read as follows:
Sec. 1702.062. FEES. (a) The board shall recommend to the
Public Safety Commission [commission by rule shall establish]
reasonable and necessary fees that produce sufficient revenue to
administer this chapter. The Public Safety Commission shall
establish the fee amounts by rule. The fees may not produce
unnecessary fund balances. [and may not exceed the following
amounts:
[Class A license$350 (original and renewal)
[Class B license$400 (original and renewal)
[Class C license$540 (original and renewal)
[Class D license$400 (original and renewal)
[Reinstate suspended license$150
[Assignment of license$150
[Change name of license$ 75
[Delinquency fee__
[Branch office certificate and renewal$300
[Registration fee for private investigator, manager, branch
office manager, locksmith, electronic access control device
installer, and alarm systems installer $ 30 (original and renewal)
[Registration fee for noncommissioned security officer$ 30
(original and renewal)
[Registration fee for security salesperson$ 30
[Registration fee for alarm systems monitor$ 30
[Registration fee for dog trainer$ 30
[Registration fee for owner, officer, partner, or
shareholder of a license holder $ 50
[Registration fee for security consultant$300
[Registration fee for employee of license holder $ 30
[Security officer commission fee $ 50
(original and renewal)
[School instructor fee$100
(original and renewal)
[School approval fee$350
(original and renewal)
[Letter of authority fee for private business and political
subdivision $400
[Letter of authority renewal fee for private business and
political subdivision $225
[Letter of authority fee for commissioned officer,
noncommissioned officer, or personal protection officer for
political subdivision $ 10
[FBI fingerprint check$ 25
[Duplicate pocket card$ 10
[Employee information update fee$ 15
[Burglar alarm sellers renewal fee$ 30
[Personal protection officer authorization$ 50]
(b) The board [In addition to other fees established under
this chapter, the commission] may charge a fee each time the board
[commission] requires a person regulated under this chapter to
resubmit a set of fingerprints for processing by the board
[commission] during the application process for a license,
registration, endorsement, or commission. The Public Safety
Commission, after receiving a recommendation from the board,
[commission] shall set the fee in an amount that is reasonable and
necessary to cover the [commission's] administrative expenses
related to processing the fingerprints.
(c) A person whose pocket card has not expired is not
eligible to receive from the board [commission] another pocket card
in the same classification in which the pocket card is held.
SECTION 4.21. The heading to Section 1702.063, Occupations
Code, is amended to read as follows:
Sec. 1702.063. BOARD [COMMISSION] USE OF FINES.
SECTION 4.22. Section 1702.0635, Occupations Code, is
amended to read as follows:
Sec. 1702.0635. RESTRICTIONS ON CERTAIN RULES. The board
[commission] 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
registered as an electronic access control device installer.
SECTION 4.23. Section 1702.064, Occupations Code, is
amended to read as follows:
Sec. 1702.064. RULES RESTRICTING ADVERTISING OR
COMPETITIVE BIDDING. (a) The board [commission] may not adopt
rules restricting advertising or competitive bidding by a person
regulated by the board [commission] except to prohibit false,
misleading, or deceptive practices by the person.
(b) The board [commission] may not include in its rules to
prohibit false, misleading, or deceptive practices by a person
regulated by the board [commission] 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 4.24. Section 1702.0645, Occupations Code, is
amended to read as follows:
Sec. 1702.0645. PAYMENT OF FEES AND FINES. (a) The board
[commission] 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 board [commission]; 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 4.25. Section 1702.066, Occupations Code, is
amended to read as follows:
Sec. 1702.066. SERVICE OF PROCESS; SERVICE OF DOCUMENTS ON
BOARD [COMMISSION]. Legal process and documents required by law to
be served on or filed with the board [commission] must be served on
or filed with the director at the designated office of the board
[commission].
SECTION 4.26. Section 1702.067, Occupations Code, is
amended to read as follows:
Sec. 1702.067. BOARD [COMMISSION] RECORDS; EVIDENCE. An
official record of the board [commission] or an affidavit by the
director as to the content of the record is prima facie evidence of
a matter required to be kept by the board [commission].
SECTION 4.27. Section 1702.068, Occupations Code, is
amended to read as follows:
Sec. 1702.068. APPEAL BOND NOT REQUIRED. The board
[commission] is not required to give an appeal bond in any cause
arising under this chapter.
SECTION 4.28. Section 1702.069, Occupations Code, is
amended to read as follows:
Sec. 1702.069. ANNUAL REPORT. The board [commission] shall
file annually with the governor and the presiding officer of each
house of the legislature a complete and detailed written report
accounting for all money received and disbursed by the board
[commission] in the preceding fiscal year. The form of the annual
report and the reporting time are as provided in the General
Appropriations Act.
SECTION 4.29. Section 1702.081, Occupations Code, is
amended to read as follows:
Sec. 1702.081. PUBLIC INTEREST INFORMATION. (a) The board
[commission] shall prepare information of interest to consumers or
recipients of services regulated under this chapter describing the
board's [commission's] regulatory functions and the procedures by
which complaints are filed with and resolved by the board
[commission].
(b) The board [commission] shall make the information
available to the public and appropriate state agencies.
SECTION 4.30. Section 1702.082, Occupations Code, is
amended to read as follows:
Sec. 1702.082. COMPLAINTS. (a) The board [commission by
rule shall establish methods by which consumers and service
recipients are notified of the name, mailing address, and telephone
number of the commission for the purpose of directing complaints to
the commission. The commission may provide for that notice:
[(1) on each registration form, application, or
written contract for services of a person regulated under this
chapter;
[(2) on a sign prominently displayed in the place of
business of each person regulated under this chapter; or
[(3) in a bill for services provided by a person
regulated under this chapter.
[(b) The commission] shall maintain a system to promptly and
efficiently act on complaints [file on each written complaint]
filed with the board [commission]. The board shall maintain
information about parties to the complaint, [file must include:
[(1) the name of the person who filed the complaint;
[(2) the date the complaint is received by the
commission;
[(3)] the subject matter of the complaint, [;
[(4) the name of each person contacted in relation to
the complaint;
[(5)] a summary of the results of the review or
investigation of the complaint, [;] and its disposition
[(6) an explanation of the reason the file was closed,
if the agency closed the file without taking action other than to
investigate the complaint].
(b) [(c)] The board [commission] shall make information
available describing its [provide to the person filing the
complaint a copy of the commission's policies and] procedures for
[relating to] complaint investigation and resolution.
(c) The board shall periodically [(d) Unless it would
jeopardize an undercover investigation, the commission shall
provide to each person who is a subject of the complaint a copy of
the commission's policies and procedures relating to complaint
investigation and resolution.
[(e) The commission, at least quarterly until final
disposition of the complaint, shall] notify the [person filing the]
complaint parties [and each person who is a subject of the
complaint] of the status of the complaint until final disposition
[investigation unless the notice would jeopardize an undercover
investigation].
SECTION 4.31. Section 1702.083, Occupations Code, is
amended to read as follows:
Sec. 1702.083. PUBLIC PARTICIPATION. The board
[commission] shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the board
[commission] and to speak on any issue under the board's
[commission's] jurisdiction.
SECTION 4.32. Section 1702.084, Occupations Code, is
amended to read as follows:
Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF
DISCIPLINARY ACTIONS. (a) The board [commission] shall make
available to the public through a toll-free telephone number,
Internet website, or other easily accessible medium determined by
the board [commission] the following information relating to a
disciplinary action taken during the preceding three years
regarding a person regulated by the board [commission]:
(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 board
[commission].
(b) In providing the information, the board [commission]
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 board [commission] shall update the information on a
monthly basis.
(d) The board [commission] shall maintain the
confidentiality of information regarding the identification of a
complainant.
SECTION 4.33. Section 1702.103, Occupations Code, is
amended to read as follows:
Sec. 1702.103. CLASSIFICATION AND LIMITATION OF LICENSES.
(a) The 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; [and]
(4) Class F: level III training school license;
(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 [Class D: electronic
access control device license, covering operations of an electronic
access control device company].
(b) A [Class A, B, C, or D] license described by this chapter
does not authorize the license holder to perform a service for which
the license holder has not qualified. A person may not engage in an
operation outside the scope of that person's license. The board
[commission] shall indicate on the license the services the license
holder is authorized to perform. The license holder may not perform
a service unless it is indicated on the license.
(c) A license is not assignable unless the assignment is
approved in advance by the board [commission].
(d) The board [commission] shall prescribe by rule the
procedure under which a license may be terminated.
(e) The board by rule may establish other license
classifications for activities expressly regulated by this chapter
and may establish qualifications and practice requirements
consistent with this chapter for those license classifications.
SECTION 4.34. Section 1702.110, Occupations Code, is
amended to read as follows:
Sec. 1702.110. APPLICATION FOR LICENSE. An application for
a license under this chapter must be in the form prescribed by the
board [commission] 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, and director of the applicant, and of the applicant's
manager;
(6) if the applicant is an individual, two
classifiable sets of fingerprints of the applicant or, if the
applicant is an entity other than an individual, of each officer and
of each partner or shareholder who owns at least a 25 percent
interest in the applicant;
(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 [Texas Department of
Public Safety] 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 board [commission].
SECTION 4.35. Section 1702.111, Occupations Code, is
amended to read as follows:
Sec. 1702.111. ISSUANCE OF BRANCH OFFICE LICENSE. (a) A
license holder, in accordance with Section 1702.129, shall notify
the board [commission] in writing of the establishment of a branch
office and file in writing with the board [commission] the address
of the branch office.
(b) On application by a license holder, the board
[commission] shall issue a branch office license.
SECTION 4.36. Section 1702.112, Occupations Code, is
amended to read as follows:
Sec. 1702.112. FORM OF LICENSE. The board [commission]
shall prescribe the form of a license, including a branch office
license. The license must include:
(1) the name of the license holder;
(2) the name under which the license holder is to
operate; and
(3) the license number and the date the license was
issued.
SECTION 4.37. Sections 1702.113(a) and (c), Occupations
Code, are amended to read as follows:
(a) An applicant for a 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) [have been convicted in any jurisdiction of two or
more felony offenses, unless full pardons have been granted for all
convictions for reasons relating to wrongful convictions;
[(2) have been convicted in any jurisdiction of any of
the following:
[(A) a single felony or equivalent offense for
which the 20th anniversary of the date of conviction has not
occurred before the date of application, unless a full pardon has
been granted for reasons relating to a wrongful conviction; or
[(B) a Class A misdemeanor or equivalent offense
for which the 10th anniversary of the date of conviction has not
occurred before the date of application, unless a full pardon has
been granted for reasons relating to a wrongful conviction;
[(3)] at the time of application be charged with the
commission of a Class A misdemeanor or felony offense, under an
information or indictment;
[(4) in the 10 years preceding the date of
application, have been adjudicated as having engaged in delinquent
conduct violating a penal law of the grade of felony;]
(2) [(5)] 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) [(6)] have been dishonorably discharged from the
United States armed services, discharged from the United States
armed services under other conditions determined by the board to be
prohibitive, or dismissed from the United States armed services if
a commissioned officer in the United States armed services; or
(4) [(7)] 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.
(c) For purposes of this section, an offense under the laws
of this state, another state, or the United States is considered[:
[(1) a felony if the offense:
[(A) at the time of conviction was designated by
a law of this state as a felony, including a state jail felony;
[(B) contains all the elements of an offense
designated by a law of this state as a felony, including a state
jail felony; or
[(C) is punishable by confinement for one year or
more in a penitentiary;
[(2) a Class A misdemeanor if the offense is not a
felony and the offense:
[(A) at the time of conviction was designated by
a law of this state as a Class A misdemeanor;
[(B) contains all the elements of an offense
designated by a law of this state as a Class A misdemeanor; or
[(C) provides as a possible punishment
confinement in a jail other than a state jail felony facility; or
[(3)] a Class B misdemeanor if the offense is not a
felony or Class A misdemeanor and the offense:
(1) [(A)] at the time of conviction was designated by
a law of this state as a Class B misdemeanor;
(2) [(B)] contains all the elements of an offense
designated by a law of this state as a Class B misdemeanor; or
(3) [(C)] provides as a possible punishment
confinement in a jail other than a state jail felony facility.
SECTION 4.38. 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 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 board [commission].
(b) The applicant's experience must be:
(1) reviewed by the board [commission] or the
director; and
(2) determined to be adequate to qualify the applicant
to engage in the business of an investigations company.
SECTION 4.39. 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 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 board [commission].
(b) The applicant's experience must have been obtained
legally and must be:
(1) reviewed by the board [commission] or the
director; and
(2) determined to be adequate to qualify the applicant
to engage in the business of a security services contractor.
SECTION 4.40. Section 1702.116, Occupations Code, is
amended to read as follows:
Sec. 1702.116. QUALIFICATIONS FOR GUARD DOG COMPANY
LICENSE; INSPECTIONS. (a) An applicant for a license to engage in
the business of a guard dog company must:
(1) meet the requirements of Sections 1702.113 and
1702.115; and
(2) present evidence satisfactory to the board
[commission] that the applicant will comply with the rules adopted
under this section.
(b) After consulting the [Texas] Department of State Health
Services, the board [commission] shall adopt rules to ensure that
the areas in which a guard dog company houses, exercises, or trains
its animals are securely enclosed by a six-foot chain-link fence or
made equally secure.
(c) The board [commission] shall conduct regular
inspections to ensure compliance with the rules adopted under this
section.
SECTION 4.41. Sections 1702.117(a), (c), and (d),
Occupations Code, are amended to read as follows:
(a) The board [commission] shall require an applicant for a
commission, license, registration, or endorsement under this
chapter or the applicant's manager to demonstrate qualifications in
the person's license classification, including knowledge of
applicable state laws and board [commission] rules, by taking an
examination to be determined by the board [commission].
(c) The board [commission] shall set the reexamination fee
in an amount not to exceed the amount of the renewal fee for the
license classification for which application was made.
(d) The board [commission] shall develop and provide to a
person who applies to take the examination under Subsection (a)
material containing all applicable state laws and board
[commission] rules.
SECTION 4.42. 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 board [commission] shall notify the person of the
examination results.
(b) If an examination is graded or reviewed by a testing
service:
(1) the board [commission] shall notify the person of
the examination results not later than the 14th day after the date
the board [commission] 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
board [commission] shall notify the person of the reason for the
delay before the 90th day.
(c) The board [commission] 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 board
[commission] shall furnish the person with an analysis of the
person's performance on the examination.
SECTION 4.43. Section 1702.1183, Occupations Code, is
amended to read as follows:
Sec. 1702.1183. RECIPROCAL LICENSE FOR CERTAIN FOREIGN
APPLICANTS. (a) The board [commission] may waive any prerequisite
to obtaining a license for an applicant who holds a license issued
by another jurisdiction with which this state has a reciprocity
agreement.
(b) The board [commission] may make an agreement, subject to
the approval of the governor, with another state to allow for
licensing by reciprocity.
SECTION 4.44. Section 1702.1186, Occupations Code, is
amended to read as follows:
Sec. 1702.1186. PROVISIONAL LICENSE. (a) The board
[commission] may issue a provisional license to an applicant
currently licensed in another jurisdiction who seeks an equivalent
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 board [commission] relating to the practice of
private investigations or security services contracting; and
(3) is sponsored by a person licensed by the board
[commission] under this chapter with whom the provisional license
holder will practice during the time the person holds a provisional
license.
(b) A provisional license is valid until the date the board
[commission] approves or denies the provisional license holder's
application for a license. The board [commission] shall issue a
license under this chapter to the provisional license holder if:
(1) the provisional license holder is eligible to be
licensed under Section 1702.1183; or
(2) the provisional 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 board [commission] as
meeting the academic and experience requirements for a license
under this chapter; and
(C) satisfies any other licensing requirements
under this chapter.
(c) The board [commission] must approve or deny a
provisional license holder's application for a license not later
than the 180th day after the date the provisional license is issued.
The board [commission] may extend the 180-day period if the results
of an examination have not been received by the board [commission]
before the end of that period.
(d) The board [commission] may establish a fee for
provisional licenses in an amount reasonable and necessary to cover
the cost of issuing the license.
SECTION 4.45. Section 1702.120(b), Occupations Code, is
amended to read as follows:
(b) An individual may not apply to the board [commission] to
serve as manager of an investigations company, guard company, alarm
systems company, armored car company, courier company, or guard dog
company without the intent to maintain that supervisory position on
a daily basis for that company.
SECTION 4.46. Section 1702.121, Occupations Code, is
amended to read as follows:
Sec. 1702.121. TERMINATION OF MANAGER. A license holder
shall notify the board [commission] in writing not later than the
14th day after the date a manager ceases to be manager of the
license holder's business. The license remains in effect for a
reasonable period after notice is given as provided by board
[commission] rule pending the board's [commission's] determination
of the qualification of another manager under this subchapter.
SECTION 4.47. Section 1702.122, Occupations Code, is
amended to read as follows:
Sec. 1702.122. TEMPORARY CONTINUATION OF LICENSE HOLDER'S
BUSINESS. Under the terms provided by board [commission] rule, a
license holder's business may continue for a temporary period if
the individual on the basis of whose qualifications a license under
this chapter has been obtained ceases to be connected with the
license holder.
SECTION 4.48. Section 1702.123, Occupations Code, is
amended to read as follows:
Sec. 1702.123. INSURANCE; BOND. (a) A license holder shall
maintain on file with the board [commission] at all times the surety
bond and certificate of insurance required by this chapter.
(b) The board [commission] shall immediately suspend the
license of a license holder who violates Subsection (a).
(c) The board [commission] may rescind the license
suspension if the license holder provides proof to the board
[commission] that the bond or the insurance coverage is still in
effect. The license holder must provide the proof in a form
satisfactory to the board [commission] not later than the 10th day
after the date the license is suspended.
(d) After suspension of the license, the board [commission]
may not reinstate the license until an application, in the form
prescribed by the board [commission], is filed accompanied by a
proper bond, insurance certificate, or both. The board
[commission] may deny the application notwithstanding the
applicant's compliance with this section:
(1) for a reason that would justify suspending,
revoking, or denying a license; or
(2) if, during the suspension, the applicant performs
a practice for which a license is required.
SECTION 4.49. Section 1702.125, Occupations Code, is
amended to read as follows:
Sec. 1702.125. BOND REQUIREMENT. A bond executed and filed
with the board [commission] under this chapter remains in effect
until the surety terminates future liability by providing to the
board [commission] at least 30 days' notice of the intent to
terminate liability.
SECTION 4.50. Sections 1702.127(b) and (c), Occupations
Code, are amended to read as follows:
(b) A license holder shall maintain a record containing
information related to the license holder's employees as required
by the board [commission].
(c) A license holder shall maintain for board [commission]
inspection at the license holder's principal place of business or
branch office two recent color photographs, of a type required by
the board [commission], of each applicant, registrant,
commissioned security officer, and employee of the license holder.
SECTION 4.51. Section 1702.129, Occupations Code, is
amended to read as follows:
Sec. 1702.129. NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
(a) A license holder shall notify the board [commission] not later
than the 14th day after the date of:
(1) a change of address for the license holder's
principal place of business;
(2) a change of a name under which the license holder
does business; or
(3) a change in the license holder's officers or
partners.
(b) A license holder shall notify the board [commission] 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 4.52. Section 1702.131, Occupations Code, is
amended to read as follows:
Sec. 1702.131. ADVERTISING. An advertisement by a license
holder soliciting or advertising business must contain the license
holder's company name and address as stated in board [commission]
records.
SECTION 4.53. 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 office unless the board [commission] has issued a
security officer commission to the individual.
SECTION 4.54. 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 board [commission] on a form provided by the
board [commission].
SECTION 4.55. Section 1702.165, Occupations Code, is
amended to read as follows:
Sec. 1702.165. ISSUANCE OF SECURITY OFFICER COMMISSION;
POCKET CARD. (a) The board [commission], with the concurrence of
the department [Texas Department of Public Safety]:
(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 board
[commission] that identifies the security officer.
SECTION 4.56. 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 board [commission] of the
transfer of employment on a form prescribed by the board
[commission], accompanied by payment of the employee information
update fee.
SECTION 4.57. Sections 1702.1675(a), (b), (c), (d), (e),
(f), and (i), Occupations Code, are amended to read as follows:
(a) The board [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
(3) range instruction on handgun proficiency.
(b) The course must be offered and taught by schools and
instructors approved by the board [commission]. To receive board
[commission] approval, a school or an instructor must submit an
application to the board [commission] on a form provided by the
board [commission].
(c) The basic training course approved by the board
[commission] must consist of a minimum of 30 hours.
(d) The general security officer training portion of the
course must include instruction on:
(1) board [commission] rules and applicable state
laws;
(2) field note taking and report writing; and
(3) any other topics of security officer training
curriculum the board [commission] considers necessary.
(e) The board [commission] shall develop a commissioned
security officer training manual that contains applicable state
laws and board [commission] rules to be used in the instruction and
training of commissioned security officers.
(f) The board [commission] shall adopt rules necessary to
administer the provisions of this section concerning the training
requirements of this chapter.
(i) The board [commission] 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 4.58. 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 board [commission] 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;
(2) standards of good moral character; and
(3) other requirements that relate to the competency
and reliability of individuals to carry firearms.
(b) The board [commission] shall prescribe appropriate
forms and adopt rules by which evidence is presented that the
requirements are fulfilled.
SECTION 4.59. Sections 1702.1685(b) and (d), Occupations
Code, are amended to read as follows:
(b) Only a board-approved [commission-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
board [commission].
SECTION 4.60. Section 1702.171, Occupations Code, is
amended to read as follows:
Sec. 1702.171. SECURITY OFFICER COMMISSION RECORDS. The
board [commission] shall adopt rules for the maintenance of records
relating to an individual to whom the board [commission] has issued
a security officer commission.
SECTION 4.61. Section 1702.183, Occupations Code, is
amended to read as follows:
Sec. 1702.183. APPLICATION FOR LETTER OF AUTHORITY. A
security department of a private business or of a political
subdivision that applies for a security officer commission for an
individual employed by the security department must submit an
application to the board [commission] for a letter of authority on a
form provided by the board [commission].
SECTION 4.62. The heading to Subchapter I, Chapter 1702,
Occupations Code, is amended to read as follows:
SUBCHAPTER I. PERSONAL PROTECTION OFFICER ENDORSEMENT
[AUTHORIZATION] REQUIREMENTS
SECTION 4.63. Section 1702.201, Occupations Code, is
amended to read as follows:
Sec. 1702.201. PERSONAL PROTECTION OFFICER ENDORSEMENT
[AUTHORIZATION] REQUIRED. A commissioned security officer may not
act as a personal protection officer unless the officer holds a
personal protection officer endorsement [authorization].
SECTION 4.64. Section 1702.203, Occupations Code, is
amended to read as follows:
Sec. 1702.203. APPLICATION FOR PERSONAL PROTECTION OFFICER
ENDORSEMENT [AUTHORIZATION]. An applicant for a personal
protection officer endorsement [authorization] must submit a
written application on a form prescribed by the board [commission].
SECTION 4.65. Section 1702.204, Occupations Code, is
amended to read as follows:
Sec. 1702.204. PERSONAL PROTECTION OFFICER ENDORSEMENT
[AUTHORIZATION]; QUALIFICATIONS. (a) An applicant for a personal
protection officer endorsement [authorization] 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 board
[commission]; 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 board [commission] by rule shall require an
applicant for a personal protection officer endorsement
[authorization] to complete the Minnesota Multiphasic Personality
Inventory test. The board [commission] may use the results of the
test to evaluate the applicant's psychological fitness.
SECTION 4.66. Section 1702.205(a), Occupations Code, is
amended to read as follows:
(a) The board [commission] 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 4.67. Section 1702.206, Occupations Code, is
amended to read as follows:
Sec. 1702.206. CONCEALED FIREARMS. An individual acting as
a personal protection officer may not carry a concealed 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 endorsement
[authorization] 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 endorsement [authorization] on the
officer's person while performing the officer's duties or traveling
as described by Subdivision (1) and presents the commission and
endorsement [authorization] on request.
SECTION 4.68. Section 1702.221, Occupations Code, is
amended to read as follows:
Sec. 1702.221. REGISTRATION AND ENDORSEMENT REQUIRED. (a)
Before an individual may 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 endorsement under Subsection
(b); and
(3) be employed by a company licensed under this
chapter.
(b) An individual must obtain the appropriate endorsement
[register] 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;
(J) a level 4 personal protection instructor;
(K) a [,] private investigator;
(L) a [,] private security consultant;
(M) a [, or] security salesperson; or
(N) an individual whose duties include
performing another activity for which an endorsement is required
under Subsection (e); or
(2) is an owner, officer, partner, or shareholder of a
license holder.
(c) [(b)] 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 endorsement under this section must
obtain an endorsement for each service.
(d) In addition to the services listed in Subsection (a), a
person holding a security officer commission must also obtain an
endorsement for personal protection if the individual performs the
services described by Section 1702.202.
(e) The board by rule may require a person to hold an
endorsement for performing other activity expressly regulated by
this chapter.
SECTION 4.69. Section 1702.2226(b), Occupations Code, is
amended to read as follows:
(b) A person registered as an electronic access control
device installer may not install alarm systems unless the person
holds an endorsement [is registered] under this chapter as an alarm
systems installer.
SECTION 4.70. The heading to Subchapter J, Chapter 1702,
Occupations Code, is amended to read as follows:
SUBCHAPTER J. REGISTRATION AND ENDORSEMENT REQUIREMENTS;
[REGISTRANT] DUTIES OF REGISTRANT AND ENDORSEMENT HOLDER
SECTION 4.71. Section 1702.228, Occupations Code, is
amended to read as follows:
Sec. 1702.228. EMPLOYEE OF LICENSE HOLDER; REGISTRATION
PERMITTED. An employee of a license holder who is employed in a
capacity that is not subject to mandatory registration under this
subchapter may register with the board [commission].
SECTION 4.72. Section 1702.230, Occupations Code, is
amended to read as follows:
Sec. 1702.230. APPLICATION FOR REGISTRATION OR
ENDORSEMENT. (a) An application for 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 commenced;
(5) a letter from the license holder requesting that
the applicant be registered or endorsed;
(6) the title of the position occupied by the
applicant and a description of the applicant's duties; and
(7) any other information, evidence, statement, or
document required by the board [commission].
(b) The employer of the applicant shall make a reasonable
attempt to verify the information required under Subsection (a)(1).
SECTION 4.73. Section 1702.2305, Occupations Code, is
amended to read as follows:
Sec. 1702.2305. PROVISIONAL REGISTRATION. (a) The board
[commission] may issue a provisional registration to an applicant
currently registered in another jurisdiction who seeks an
equivalent registration in this state and who:
(1) has been registered in good standing in the field
in which the registration is sought for at least two years in
another jurisdiction, including a foreign country, that has
registration requirements substantially equivalent to the
requirements of this chapter;
(2) has passed a national or other examination
recognized by the board [commission] relating to practice in the
field in which the registration is sought; and
(3) is employed by a person licensed by the board
[commission] under this chapter with whom the provisional
registration holder will practice during the time the person holds
a provisional registration.
(b) A provisional registration is valid until the date the
board [commission] approves or denies the provisional registration
holder's application for a registration. The board [commission]
shall issue a registration under this chapter to the provisional
registration holder if the provisional registration holder is
eligible to be registered under this chapter.
(c) The board [commission] must approve or deny a
provisional registration holder's application for a registration
not later than the 180th day after the date the provisional
registration is issued. The board [commission] may extend the
180-day period if the results of an examination have not been
received by the board [commission] before the end of that period.
(d) The board [commission] may establish a fee for
provisional registration in an amount reasonable and necessary to
cover the cost of issuing the registration.
SECTION 4.74. Section 1702.232, Occupations Code, is
amended to read as follows:
Sec. 1702.232. POCKET CARDS. (a) The board [commission]
shall issue a pocket card for each registrant under this chapter. A
pocket card for an owner, officer, partner, or shareholder of a
license holder shall be issued to the license holder.
(b) The board [commission] shall determine the size,
design, and content of the pocket card.
(c) The pocket card must:
(1) state the name of the registrant;
(2) contain a color photograph and the signature of
the 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 4.75. Section 1702.234, Occupations Code, is
amended to read as follows:
Sec. 1702.234. REGISTRATION AND ENDORSEMENT TRANSFER. A
registrant may transfer the registrant's registration and
endorsements from one employer to another employer if, not later
than the 14th day after the date the registrant begins the new
employment, the new employer notifies the board [commission] of the
transfer of employment on a form prescribed by the board
[commission] accompanied by payment of the employee information
update fee.
SECTION 4.76. 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 board [commission] rule.
SECTION 4.77. 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 board
[commission] shall require an individual who applies for an
endorsement [registration] as an electronic access control device
installer to pass an examination given by the board [commission] or
a person approved by the board [commission]. The examination must
cover material related to access control.
(b) [(c)] On and after September 1, 2005, the board
[commission] by rule may allow an electronic access control device
installer to obtain or renew an endorsement [a certificate of
registration] by fulfilling the requirements of a board-approved
[commission-approved], industry-based educational training
program.
SECTION 4.78. Sections 1702.239(a), (b), and (d),
Occupations Code, are amended to read as follows:
(a) The board [commission] may require that an individual
employed as an alarm systems installer or security salesperson hold
a certification by a board-approved [commission-approved] training
program to renew an endorsement [an initial registration]. The
board [commission] 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 endorsement [registration]. 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 board [commission] may require an individual who has
completed a training program under Subsection (a) to pass an
examination given by the board [commission] or by a person approved
by the board [commission]. The board [commission] 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 endorsement [registration].
(d) If the board [commission] requires certification or
examination under this section, the board [commission] shall
implement rules to require that to renew an endorsement [a
registration], an individual who is employed as an alarm systems
installer or a security salesperson and who has already once
renewed the endorsement [registration] must obtain continuing
education credits related to the line of work for which the
individual is licensed. If the board [commission] requires the
continuing education, the director must approve classes offered by
nationally recognized organizations, and participants in the
classes must qualify according to board [commission] rules.
SECTION 4.79. Section 1702.240(b), Occupations Code, is
amended to read as follows:
(b) An employee of a license holder who is employed
exclusively as an undercover agent is not required to register with
the board [commission].
SECTION 4.80. Subchapter J, Chapter 1702, Occupations Code,
is amended by adding Section 1702.241 to read as follows:
Sec. 1702.241. JURISPRUDENCE EXAMINATION. (a) The board
may develop and administer at least twice each calendar year a
jurisprudence examination to determine the knowledge that an
applicant for an endorsement has of this chapter, board rules, and
any other applicable laws of this state affecting the applicant's
activities regulated under this chapter.
(b) Before the board may administer a jurisprudence
examination under this section, the board may 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 board may design
different examinations for different types of endorsements.
SECTION 4.81. Section 1702.262, Occupations Code, is
amended to read as follows:
Sec. 1702.262. SELLERS OF CERTAIN DEVICES. A person may
sell a detection device or other device for preventing or detecting
burglary if:
(1) the person does not install, repair, or maintain
detection devices;
(2) the person holds a seller's certificate;
(3) the person, or the manufacturer or distributor of
the device that the person sells, files with the board [commission]
a certificate evidencing insurance for liability for bodily injury
or property damage arising from faulty or defective products in an
amount of not less than $1 million combined single limit, provided
that the policy of insurance need not relate exclusively to
burglary devices;
(4) the person, or the manufacturer or distributor of
the device that the person sells, files with the board [commission]
a surety bond executed by a surety company authorized to do business
in this state in the sum of $10,000 in favor of the state; and
(5) the person is not employed by a security services
contractor.
SECTION 4.82. Section 1702.263, Occupations Code, is
amended to read as follows:
Sec. 1702.263. APPLICATION FOR SELLER'S CERTIFICATE.
(a) To obtain a seller's certificate, a person must:
(1) submit to the board [commission] an application
that includes the person's full name, residence telephone number,
date and place of birth, and social security number and two sets of
classifiable fingerprints; and
(2) pay to the board [commission] a seller's
certificate fee established by the board [commission] in an amount
not to exceed $25.
(b) The board [commission] shall approve an application for
a seller's certificate and issue the certificate to the applicant
unless:
(1) the background check of the applicant discloses a
felony conviction for which a full pardon has not been granted; or
(2) any information provided in the application is
false.
SECTION 4.83. Section 1702.267, Occupations Code, is
amended to read as follows:
Sec. 1702.267. SUSPENSION OR REVOCATION OF SELLER'S
CERTIFICATE. On conviction under Section 1702.388 for a violation
of this subchapter, the board [commission] may revoke or suspend a
seller's certificate after a hearing conducted under Subchapter O.
SECTION 4.84. Sections 1702.282(a), (c), and (e),
Occupations Code, are amended to read as follows:
(a) The 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, registration, security officer
commission, letter of approval, permit, endorsement, or
certification. An applicant is not eligible for a license,
registration, commission, 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, registration, commission, letter of approval, permit,
endorsement, or certification. Except as provided by Subsection
(d), each applicant shall include in the application two complete
sets of fingerprints on forms prescribed by the board accompanied
by the fee set by the board.
(c) A license, registration, security officer commission,
letter of approval, permit, endorsement, or certification issued by
the board is conditional on the board's receipt of criminal history
record information.
(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, commission, endorsement, or
certificate of registration under this chapter.
SECTION 4.85. 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 [registration] 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 4.86. 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 license holder; or
(2) is licensed, registered, endorsed, or
commissioned under this chapter.
SECTION 4.87. Sections 1702.301(c), (d), (e), (f), (g), and
(h), Occupations Code, are amended to read as follows:
(c) A personal protection officer endorsement
[authorization] expires on the expiration date of the security
officer commission under which the individual's endorsement
[authorization] is issued.
(d) Endorsement [Registration] as a private investigator,
manager, branch office manager, alarm systems installer, security
consultant, security salesperson, alarm systems monitor, or dog
trainer expires on the second anniversary of the date of
endorsement [registration].
(e) Endorsement [Registration] as an owner, officer,
partner, or shareholder of a license holder expires on the second
anniversary of the date of endorsement [registration].
(f) Endorsement [Registration] as a noncommissioned
security officer expires on the second anniversary of the date of
endorsement [registration].
(g) A letter of authority, or a school approval or school
instructor approval letter issued by the board [commission],
expires on the first anniversary of the date of issuance.
(h) A license, [or] registration, or endorsement issued
under this chapter, other than one specified in this section,
expires on the date specified by this chapter or by board
[commission] rule.
SECTION 4.88. Section 1702.302, Occupations Code, is
amended to read as follows:
Sec. 1702.302. LICENSE RENEWAL. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by paying the required renewal fee to the board
[commission] 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 board [commission] 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
board [commission] a renewal fee that is equal to two times the
normally required renewal fee.
(d) A person whose license has been expired for one year or
more may not renew the license. The person may obtain a new license
by complying with the requirements and procedures, including the
examination requirements, for obtaining an original license.
(e) Not later than the 30th day before the date a person's
license is scheduled to expire, the board [commission] shall send
written notice of the impending expiration to the person at the
person's last known address according to the board's [commission's]
records.
SECTION 4.89. 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 board [commission] a fee that is equal to
two times the normally required renewal fee for the license.
SECTION 4.90. Section 1702.304, Occupations Code, is
amended to read as follows:
Sec. 1702.304. STAGGERED RENEWAL; PRORATION OF LICENSE
FEE. The board [commission] by rule may adopt a system under which
licenses expire on various dates during the year. For the year in
which the expiration date of a license is changed, the board
[commission] shall prorate license fees on a monthly basis so that
each license holder pays only that portion of the license fee that
is allocable to the number of months during which the license is
valid. On renewal of the license on the new expiration date, the
total license renewal fee is payable.
SECTION 4.91. Section 1702.307, Occupations Code, is
amended to read as follows:
Sec. 1702.307. REGISTRATION RENEWAL. (a) An individual
who is otherwise eligible to renew a registration may renew an
unexpired registration by paying the required renewal fee to the
board [commission] before the expiration date of the registration.
An individual whose registration has expired may not engage in
activities that require a registration until the registration has
been renewed.
(b) An individual whose registration has been expired for 90
days or less may renew the registration by paying to the board
[commission] a renewal fee that is equal to 1-1/2 times the normally
required renewal fee.
(c) An individual whose registration has been expired for
more than 90 days but less than one year may renew the registration
by paying to the board [commission] a renewal fee that is equal to
two times the normally required renewal fee.
(d) An individual whose registration has been expired for
one year or more may not renew the registration. The individual may
obtain a new registration by complying with the requirements and
procedures, including any examination required by the board
[commission], for obtaining an original registration.
(e) An individual who was registered in this state, moved to
another state, and is currently registered and has been in practice
in the other state for the two years preceding the date of
application may obtain a new registration without reexamination.
The individual must pay to the board [commission] a fee that is
equal to two times the normally required renewal fee for the
registration.
(f) Not later than the 30th day before the expiration date
of an individual's registration, the board [commission] shall send
written notice of the impending expiration to the individual at the
individual's last known address according to board [commission]
records.
SECTION 4.92. Sections 1702.308(b) and (c), Occupations
Code, are amended to read as follows:
(b) The board [commission] shall recognize, prepare, or
administer continuing education programs for license holders,
commissioned security officers, and endorsement holders
[registrants]. The board [commission] shall set the minimum number
of hours that must be completed and the types of programs that may
be offered.
(c) A license holder, commissioned security officer, or
endorsement holder [registrant] must participate in the programs to
the extent required by the board [commission] to keep the person's
license, commission, or endorsement [registration]. A license
holder, commissioned security officer, or endorsement holder
[registrant] shall submit evidence of compliance with the board's
[commission's] continuing education requirements in a manner
prescribed by the board [commission].
SECTION 4.93. Section 1702.309(a), Occupations Code, is
amended to read as follows:
(a) The board [commission] by rule shall develop a
continuing education course required for renewal of a security
officer commission. Only a board-approved [commission-approved]
instructor may administer the continuing education course. The
course must include at least six hours of instruction determined by
the director of the board [commission].
SECTION 4.94. 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 board
[commission] for the board [commission] to issue a commission to
the political subdivision's employees with those duties.
(c) The board [commission] may not charge a fee for issuing
a commission to an officer under Subsection (b). The board
[commission] shall issue to the officer a pocket card designating
the political subdivision that employs the officer.
(e) The board [commission] may approve a security officer
training program conducted by the political subdivision in
accordance with Sections 1702.1675 and 1702.168.
SECTION 4.95. Sections 1702.361(a) and (b), Occupations
Code, are amended to read as follows:
(a) Subject to the board's final order under the hearing
provisions of this subchapter, the 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 department shall take disciplinary action described
by Subsection (a) on proof:
(1) that the applicant, 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, [or]
registration, or endorsement under Section 1702.113, or a
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; [or]
(E) failed to pay in full an administrative
penalty assessed under Subchapter Q, for which the board has issued
a final order; or
(F) performed any service for which an
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
registration without informing the board of the individual's
employment with the company within a reasonable period; or
(2) that the license holder of a registrant or
commissioned security officer has submitted to the department
sufficient evidence that the registrant or commissioned security
officer:
(A) engaged in fraud or deceit while employed by
the license holder; or
(B) committed theft while performing work as a
registrant or commissioned security officer.
SECTION 4.96. Section 1702.362, Occupations Code, is
amended to read as follows:
Sec. 1702.362. FAILURE TO FILE REQUIRED NOTICE. The board
[commission] may suspend or revoke a license if the license holder
fails to notify the board [commission] as required by Section
1702.121 that a manager has ceased to be the manager of the license
holder.
SECTION 4.97. Section 1702.363, Occupations Code, is
amended to read as follows:
Sec. 1702.363. APPLICATION OF ADMINISTRATIVE PROCEDURE
ACT. Except as provided by Sections 1702.3615(b) and 1702.364, a
person regulated under this chapter against whom the board
[commission] 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 4.98. Sections 1702.364(a), (d), (f), and (h),
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, the 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.
(d) At a preliminary hearing, 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.
(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 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.
(h) The administrative law judge shall make findings of fact
and conclusions of law regarding the person's eligibility for a
license, registration, or endorsement under this section and
promptly issue to the board a proposal for a decision.
SECTION 4.99. Section 1702.365, Occupations Code, is
amended to read as follows:
Sec. 1702.365. ABDUCTION OF CHILD. The board [commission]
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 4.100. Sections 1702.367(a), (c), (d), and (e),
Occupations Code, are amended to read as follows:
(a) For an investigation conducted under this chapter, the
board [commission] may issue a subpoena to compel the attendance of
a witness or the production of a pertinent record or document. The
hearings officer may administer oaths and require testimony or
evidence to be given under oath.
(c) A person required to testify or to produce a record or
document on any matter properly under inquiry by the board
[commission] 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 board [commission], the
board [commission] 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 board [commission] may
take statements under oath in an investigation of a matter covered
by this chapter.
SECTION 4.101. Section 1702.368, Occupations Code, is
amended to read as follows:
Sec. 1702.368. NOTIFICATION OF CONVICTION FOR CERTAIN
OFFENSES. The department [Texas Department of Public Safety] shall
notify the board [commission] 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 4.102. Subchapter O, Chapter 1702, Occupations
Code, is amended by adding Section 1702.372 to read as follows:
Sec. 1702.372. RECUSAL OF BOARD MEMBER. (a) A board member
who participated in the investigation of a complaint or in informal
settlement negotiations regarding the complaint:
(1) may not vote on the matter at a 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 4.103. 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, [certificate of] registration,
endorsement, or security officer commission under this chapter
knowing that the person does not hold the required license,
registration, endorsement [certificate], 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 4.104. 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 [certificate], or commission under this chapter
knowing that the person does not hold the required license,
registration, endorsement [certificate], or commission or who
otherwise, at the time of contract or employment, is in violation of
this chapter.
SECTION 4.105. 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 4.106. 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 board [commission] the
person's registration, commission, pocket card, or other
identification issued to the person by the board [commission] on
notification of a summary suspension or summary denial under
Section 1702.364.
SECTION 4.107. 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, or
commission that the person is required to hold under this chapter.
SECTION 4.108. Section 1702.402, Occupations Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Each day a violation continues or occurs is a separate
violation for purposes of imposing a penalty. The amount of each
separate violation may not exceed $5,000 [$500].
(c) The board by rule shall develop a standardized penalty
schedule based on the criteria listed in Subsection (b).
SECTION 4.109. Section 1702.406(b), Occupations Code, is
amended to read as follows:
(b) The notice of the board's order given to the person must
include a statement of the right of the person to judicial review of
the order. Judicial review is under the substantial evidence rule
as provided by Subchapter G, Chapter 2001, Government Code.
SECTION 4.110. The following provisions of the Occupations
Code are repealed:
(1) Section 1702.002(4);
(2) Section 1702.003;
(3) Section 1702.065;
(4) Section 1702.113(e); and
(5) Section 1702.364(j).
SECTION 4.111. (a) Not later than January 1, 2010, the
Texas Private Security Board and the Department of Public Safety
shall adopt the rules required by or under Sections 1702.062 and
1702.082, Occupations Code, as amended by this article. The fee
schedule in effect under Section 1702.062, Occupations Code, before
the effective date of this Act is continued in effect until new fees
are adopted under Section 1702.062, Occupations Code, as amended by
this article.
(b) The requirement to pass a jurisprudence examination
under Section 1702.241, Occupations Code, as added by this article,
applies only to an individual who applies for a registration or
endorsement under Chapter 1702, Occupations Code, on or after the
date specified by the Texas Private Security Board in the event the
board begins requiring applicants to pass a jurisprudence
examination, but not earlier than September 1, 2010.
(c) The changes in law made by this article related to the
filing, investigation, or resolution of a complaint under Chapter
1702, Occupations Code, as amended by this article, apply only to a
complaint filed with the Texas Private Security Board on or after
the effective date of this Act. A complaint filed before the
effective date of this Act is governed by the law as it existed
immediately before that date, and the former law is continued in
effect for that purpose.
(d) The changes in law made by this article governing the
authority of the Texas Private Security Board and the Department of
Public Safety to issue, renew, or revoke a license, registration,
endorsement, or commission under Chapter 1702, Occupations Code,
apply only to an application for an original or renewal license,
registration, endorsement, or commission filed with the Texas
Private Security Board under Chapter 1702, Occupations Code, as
amended by this article, on or after the effective date of this Act.
An application filed before the effective date of this Act is
governed by the law in effect at the time the application was filed,
and the former law is continued in effect for that purpose.
(e) The change in law made by this article with respect to
conduct that is grounds for imposition of a disciplinary sanction
applies only to conduct that occurs on or after the effective date
of this Act. Conduct that occurs before the effective date of this
Act is governed by the law in effect on the date the conduct
occurred, and the former law is continued in effect for that
purpose.
(f) Section 1702.372, Occupations Code, as added by this
article, applies only to a hearing conducted on or after the
effective date of this Act, regardless of the date on which the
complaint was filed. A complaint on which a hearing is conducted
before the effective date of this Act is governed by the law in
effect on the date the hearing was conducted, and the former law is
continued in effect for that purpose.
(g) The holder of a Class D license under Chapter 1702,
Occupations Code, as amended by this article, shall be considered
to hold a Class B license on the effective date of this Act. On the
expiration of the Class D license, the license holder may renew the
license as a Class B license.
ARTICLE 5. GENERAL PROVISIONS
SECTION 5.01. Section 411.002, Government Code, is amended
by amending Subsection (c) and adding Subsections (d) and (e) to
read as follows:
(c) The Department of Public Safety of the State of Texas is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the department is abolished
and Subsections (a) and (b) expire September 1, 2021 [2009].
(d) Not later than December 1, 2010, the Sunset Advisory
Commission shall review and prepare a written report for submission
to the legislature on the department's implementation of:
(1) the recommendations in the 2008 audit of the
department's information technology system; and
(2) a civilian business model for the operation of the
driver's license division that focuses on improving customer
service by:
(A) using best practices in call center
technology and monitoring customer service calls;
(B) expanding operating hours at driver's
license offices; and
(C) decreasing the time the department takes to
send a replacement driver's license.
(e) The Sunset Advisory Commission shall submit the report
required by Subsection (d) not later than February 15, 2011. This
subsection and Subsection (d) expire August 31, 2011.
SECTION 5.02. Section 411.0035, Government Code, is amended
to read as follows:
Sec. 411.0035. MEMBER AND GENERAL COUNSEL RESTRICTION. (a)
In this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be [serve as] a member of the commission
and may not be a department employee 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.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of law
enforcement 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 law
enforcement or private security.
(c) A person may not be a member of the commission or act as
the general counsel to the commission if the person is required to
register as a lobbyist under Chapter 305 because of the person's
activities for compensation on behalf of a profession related to
the operation of the commission.
SECTION 5.03. Subchapter A, Chapter 411, Government Code,
is amended by adding Section 411.0042 to read as follows:
Sec. 411.0042. DIVISION OF RESPONSIBILITIES. The
commission shall develop and implement policies that clearly
separate the policymaking responsibilities of the commission and
the management responsibilities of the director and the staff of
the department.
SECTION 5.04. Subchapter A, Chapter 411, Government Code,
is amended by adding Section 411.0043 to read as follows:
Sec. 411.0043. TECHNOLOGY POLICY. The commission shall
implement a policy requiring the department to use appropriate
technological solutions to improve the department's ability to
perform its functions. The policy must ensure that the public is
able to interact with the department on the Internet.
SECTION 5.05. Subchapter A, Chapter 411, Government Code,
is amended by adding Section 411.0044 to read as follows:
Sec. 411.0044. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The commission shall develop and implement
a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008 for the adoption of department rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the department's
jurisdiction.
(b) The department's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the department.
SECTION 5.06. Sections 411.0195(a), (b), and (c),
Government Code, are amended to read as follows:
(a) The department shall maintain a system to promptly and
efficiently act on [prepare information of public interest
describing the functions of the department and the department's
procedures by which] complaints [are] filed with [and resolved by]
the department. The department shall maintain [make the]
information about parties to the complaint, the subject matter of
the complaint, a summary of the results of the review or
investigation of the complaint, and its disposition [available to
the public and appropriate state agencies].
(b) The department shall make information available
describing its procedures for complaint investigation and
resolution [director by rule shall establish methods by which
consumers and service recipients are notified of the name, mailing
address, and telephone number of the department for the purpose of
directing complaints to the department].
(c) The department shall periodically notify the complaint
parties of the status of the complaint until final disposition
[maintain a file on each written complaint filed with the
department. The file must include:
[(1) the name of the person who filed the complaint;
[(2) the date the complaint is received by the
department;
[(3) the subject matter of the complaint;
[(4) the name of each person contacted in relation to
the complaint;
[(5) a summary of the results of the review or
investigation of the complaint; and
[(6) an explanation of the reason the file was closed,
if the agency closed the file without taking action other than to
investigate the complaint].
SECTION 5.07. Section 411.188, Government Code, is amended
by adding Subsection (j) to read as follows:
(j) The department may offer online, or allow a qualified
handgun instructor to offer online, the continuing education
instruction course and written section of the proficiency
examination required to renew a license.
SECTION 5.08. Sections 411.244(a), (d), and (f), Government
Code, are amended to read as follows:
(a) The commission [director] shall establish the office of
internal affairs, which is responsible for:
(1) acting to prevent and detect criminal conduct
within the department; and
(2) independently and objectively investigating:
(A) criminal activity occurring in all divisions
of the department;
(B) allegations of wrongdoing by department
employees;
(C) crimes committed on department property; and
(D) serious breaches of department policy.
(d) The commission has direct oversight over the office of
internal affairs, including decisions regarding budget and
staffing. The commission [director] shall appoint the head of the
office of internal affairs. The head of the office of internal
affairs serves until removed by the commission [director]. The
commission shall establish policies to ensure that the commission
continues to oversee the office of internal affairs as required by
this subsection and to ensure that the office of internal affairs
retains and exercises its original jurisdiction under Subsection
(b).
(f) The head of the office of internal affairs shall present
at each regularly scheduled commission meeting and at other
appropriate times:
(1) reports of investigations; and
(2) a summary of information relating to
investigations conducted under this section that includes analysis
of the number, type, and outcome of investigations, trends in the
investigations, and recommendations to avoid future complaints.
SECTION 5.09. Sections 411.0195(d) and (e), Government
Code, are repealed.
SECTION 5.10. This Act takes effect September 1, 2009.