| 1 | 1 | | 81R8865 BEF-D |
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| 2 | 2 | | By: Naishtat H.B. No. 3499 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an exemption from private security regulation for |
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| 8 | 8 | | social workers engaged in the practice of social work. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1702.324(b), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) This chapter does not apply to: |
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| 13 | 13 | | (1) a manufacturer or a manufacturer's authorized |
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| 14 | 14 | | distributor while selling equipment intended for resale; |
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| 15 | 15 | | (2) a person engaged exclusively in the business of |
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| 16 | 16 | | obtaining and providing information to: |
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| 17 | 17 | | (A) determine creditworthiness; |
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| 18 | 18 | | (B) collect debts; or |
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| 19 | 19 | | (C) ascertain the reliability of information |
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| 20 | 20 | | provided by an applicant for property, life, or disability |
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| 21 | 21 | | insurance or an indemnity or surety bond; |
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| 22 | 22 | | (3) a person engaged exclusively in the business of |
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| 23 | 23 | | repossessing property that is secured by a mortgage or other |
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| 24 | 24 | | security interest; |
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| 25 | 25 | | (4) a person who is engaged in the business of |
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| 26 | 26 | | psychological testing or other testing and interviewing services, |
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| 27 | 27 | | including services to determine attitudes, honesty, intelligence, |
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| 28 | 28 | | personality, and skills, for preemployment purposes; |
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| 29 | 29 | | (5) a person who: |
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| 30 | 30 | | (A) is engaged in obtaining information that is a |
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| 31 | 31 | | public record under Chapter 552, Government Code, regardless of |
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| 32 | 32 | | whether the person receives compensation; |
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| 33 | 33 | | (B) is not a full-time employee, as defined by |
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| 34 | 34 | | Section 61.001, Labor Code, of a person licensed under this |
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| 35 | 35 | | chapter; and |
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| 36 | 36 | | (C) does not perform any other act that requires |
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| 37 | 37 | | a license under this chapter; |
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| 38 | 38 | | (6) a licensed engineer practicing engineering or |
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| 39 | 39 | | directly supervising engineering practice under Chapter 1001, |
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| 40 | 40 | | including forensic analysis, burglar alarm system engineering, and |
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| 41 | 41 | | necessary data collection; |
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| 42 | 42 | | (7) an employee of a cattle association who inspects |
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| 43 | 43 | | livestock brands under the authority granted to the cattle |
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| 44 | 44 | | association by the Grain Inspection, Packers and Stockyards |
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| 45 | 45 | | Administration of the United States Department of Agriculture; |
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| 46 | 46 | | (8) a landman performing activities in the course and |
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| 47 | 47 | | scope of the landman's business; |
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| 48 | 48 | | (9) an attorney while engaged in the practice of law; |
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| 49 | 49 | | (10) a person who obtains a document for use in |
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| 50 | 50 | | litigation under an authorization or subpoena issued for a written |
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| 51 | 51 | | or oral deposition; |
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| 52 | 52 | | (11) an admitted insurer, insurance adjuster, agent, |
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| 53 | 53 | | or insurance broker licensed by the state, performing duties in |
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| 54 | 54 | | connection with insurance transacted by that person; |
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| 55 | 55 | | (12) a person who on the person's own property or on |
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| 56 | 56 | | property owned or managed by the person's employer: |
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| 57 | 57 | | (A) installs, changes, or repairs a mechanical |
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| 58 | 58 | | security device; |
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| 59 | 59 | | (B) repairs an electronic security device; or |
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| 60 | 60 | | (C) cuts or makes a key for a security device; |
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| 61 | 61 | | (13) security personnel, including security contract |
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| 62 | 62 | | personnel, working at a commercial nuclear power plant licensed by |
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| 63 | 63 | | the United States Nuclear Regulatory Commission; |
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| 64 | 64 | | (14) a person or firm licensed as an accountant or |
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| 65 | 65 | | accounting firm under Chapter 901, an owner of an accounting firm, |
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| 66 | 66 | | or an employee of an accountant or accounting firm while performing |
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| 67 | 67 | | services regulated under Chapter 901; [or] |
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| 68 | 68 | | (15) a retailer, wholesaler, or other person who sells |
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| 69 | 69 | | mechanical security devices, including locks and deadbolts, but who |
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| 70 | 70 | | does not: |
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| 71 | 71 | | (A) service mechanical security devices for the |
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| 72 | 72 | | public outside of the person's premises; or |
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| 73 | 73 | | (B) claim to act as a locksmith; or |
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| 74 | 74 | | (16) a social worker who holds a license issued under |
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| 75 | 75 | | Chapter 505 who is engaged in the practice of social work. |
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| 76 | 76 | | SECTION 2. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2009. |
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