| 1 | 1 | | 81R11595 NC-D |
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| 2 | 2 | | By: King of Taylor H.B. No. 4282 |
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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 exemptions from the requirement to hold an |
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| 8 | 8 | | investigations company license. |
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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 1702.104, Occupations Code, is amended |
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| 11 | 11 | | by amending Subsection (a) and adding Subsection (c) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) Except as provided by Subsection (c), a [A] person acts |
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| 14 | 14 | | as an investigations company for the purposes of this chapter if the |
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| 15 | 15 | | person: |
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| 16 | 16 | | (1) engages in the business of obtaining or |
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| 17 | 17 | | furnishing, or accepts employment to obtain or furnish, information |
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| 18 | 18 | | related to: |
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| 19 | 19 | | (A) crime or wrongs done or threatened against a |
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| 20 | 20 | | state or the United States; |
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| 21 | 21 | | (B) the identity, habits, business, occupation, |
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| 22 | 22 | | knowledge, efficiency, loyalty, movement, location, affiliations, |
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| 23 | 23 | | associations, transactions, acts, reputation, or character of a |
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| 24 | 24 | | person; |
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| 25 | 25 | | (C) the location, disposition, or recovery of |
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| 26 | 26 | | lost or stolen property; or |
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| 27 | 27 | | (D) the cause or responsibility for a fire, |
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| 28 | 28 | | libel, loss, accident, damage, or injury to a person or to property; |
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| 29 | 29 | | (2) engages in the business of securing, or accepts |
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| 30 | 30 | | employment to secure, evidence for use before a court, board, |
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| 31 | 31 | | officer, or investigating committee; |
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| 32 | 32 | | (3) engages in the business of securing, or accepts |
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| 33 | 33 | | employment to secure, the electronic tracking of the location of an |
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| 34 | 34 | | individual or motor vehicle other than for criminal justice |
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| 35 | 35 | | purposes by or on behalf of a governmental entity; or |
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| 36 | 36 | | (4) engages in the business of protecting, or accepts |
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| 37 | 37 | | employment to protect, an individual from bodily harm through the |
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| 38 | 38 | | use of a personal protection officer. |
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| 39 | 39 | | (c) A person does not act as an investigations company for |
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| 40 | 40 | | the purposes of this chapter if the person is an expert or |
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| 41 | 41 | | consultant who engages in examining documents or interpreting |
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| 42 | 42 | | information for use as evidence by a court, board, officer, or |
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| 43 | 43 | | investigating committee. |
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| 44 | 44 | | SECTION 2. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2009. |
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