Texas 2009 - 81st Regular

Texas Senate Bill SB1017 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3326 BEF/SLB/JSC-F
2	2	By: Hinojosa S.B. No. 1017
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Department of
8	8	Public Safety of the State of Texas and the Texas Private Security
9	9	Board.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. CHANGES TO VEHICLE INSPECTION PROGRAM
12	12	SECTION 1.01. Subchapter A, Chapter 548, Transportation
13	13	Code, is amended by adding Section 548.008 to read as follows:
14	14	Sec. 548.008. VEHICLE INSPECTION PROGRAM DIRECTOR. (a)
15	15	The vehicle inspection program is managed by a program director.
16	16	The program director may not be a commissioned officer.
17	17	(b) The office of the vehicle inspection program director
18	18	must be located in Austin, Texas.
19	19	(c) The duties of the program director include:
20	20	(1) responsibility for the quality of the vehicle
21	21	inspection program;
22	22	(2) coordination of the regional offices;
23	23	(3) compilation of regional and statewide performance
24	24	data;
25	25	(4) the establishment of best practices and
26	26	distribution of those practices to the regional offices;
27	27	(5) setting goals for the entire program, in
28	28	consultation with the public safety director or the public safety
29	29	director's designee, and setting goals for each regional office in
30	30	consultation with the regional managers;
31	31	(6) monitoring the progress toward the goals set in
32	32	Subdivision (5) and evaluating the program based on that progress;
33	33	and
34	34	(7) coordination with the Texas Highway Patrol to
35	35	enforce provisions related to vehicle inspection.
36	36	(d) The regional offices shall make reports as requested by
37	37	the program director.
38	38	ARTICLE 2. DIVISION OF EMERGENCY MANAGEMENT
39	39	PART A. ORGANIZATION OF DIVISION
40	40	SECTION 2A.01. Section 418.004, Government Code, is amended
41	41	by amending Subdivision (2) and adding Subdivision (9) to read as
42	42	follows:
43	43	(2) "Division" means the Texas Division of Emergency
44	44	Management [division of emergency management in the office of the
45	45	governor].
46	46	(9) "Department" means the Department of Public Safety
47	47	of the State of Texas.
48	48	SECTION 2A.02. Sections 418.041(a), (b), and (c),
49	49	Government Code, are amended to read as follows:
50	50	(a) The Texas Division of Emergency Management [division of
51	51	emergency management] is a division of the department [office of
52	52	the governor].
53	53	(b) The division is managed by a chief [director] appointed
54	54	by the public safety director of the department, with the approval
55	55	of the governor. The chief [director] serves at the pleasure of the
56	56	public safety director [governor].
57	57	(c) At least once every two months, the following shall meet
58	58	to coordinate efforts, prevent overlap of activities, and ensure
59	59	that the state's approach to emergency management and homeland
60	60	security is unified:
61	61	(1) a representative of the department;
62	62	(2) a representative of the division;
63	63	(3) a representative of the governor's office of
64	64	homeland security;
65	65	(4) the presiding officer of the Homeland Security
66	66	Council; and
67	67	(5) a state agency representative from the emergency
68	68	management council, selected by the chair of the emergency
69	69	management council. [The director shall appoint a state
70	70	coordinator.]
71	71	SECTION 2A.03. Section 418.072, Government Code, is amended
72	72	to read as follows:
73	73	Sec. 418.072. DISASTER EMERGENCY FUNDING BOARD. The
74	74	disaster emergency funding board is composed of:
75	75	(1) the governor;
76	76	(2) the lieutenant governor;
77	77	(3) the commissioner of insurance;
78	78	(4) the executive commissioner of the Health and
79	79	[Department of] Human Services Commission; and
80	80	(5) the chief [director] of the division.
81	81	SECTION 2A.04. Section 418.074(b), Government Code, is
82	82	amended to read as follows:
83	83	(b) If a gift, grant, or loan is accepted by the state, the
84	84	governor, or the emergency management council or chief of the
85	85	division [state coordinator] if designated by the governor, may
86	86	dispense the gift, grant, or loan directly to accomplish the
87	87	purpose for which it was made or may allocate and transfer to a
88	88	political subdivision services, equipment, supplies, materials, or
89	89	funds in the amount the governor or the governor's designee may
90	90	determine.
91	91	PART B. CONFORMING AMENDMENTS REFLECTING DIVISION'S NAME CHANGE
92	92	SECTION 2B.01. Section 12.0012, Agriculture Code, is
93	93	amended to read as follows:
94	94	Sec. 12.0012. NOTIFICATION. The department shall, upon
95	95	submission for publication, notify the Texas Division of Emergency
96	96	Management [division of emergency management in the office of the
97	97	governor] of each quarantine it adopts. The department shall
98	98	thereafter cooperate with the Texas Division of Emergency
99	99	Management [division of emergency management] in implementing any
100	100	necessary safeguards to protect the state's agricultural resources
101	101	from potential economic, health, or ecological disaster that may
102	102	result from the quarantined pest or disease.
103	103	SECTION 2B.02. Sections 88.303(a) and (d), Education Code,
104	104	are amended to read as follows:
105	105	(a) Notwithstanding any other law, during any period in
106	106	which Texas Task Force 1 is activated by the Texas Division of
107	107	Emergency Management [governor's division of emergency
108	108	management], or during any training session sponsored or sanctioned
109	109	by Texas Task Force 1, a participating nongovernment member or
110	110	local government employee member is included in the coverage
111	111	provided under Chapter 501, Labor Code, in the same manner as an
112	112	employee, as defined by Section 501.001, Labor Code.
113	113	(d) Notwithstanding Section 412.0123, Labor Code, as added
114	114	by Chapter 1098, Acts of the 75th Legislature, Regular Session,
115	115	1997, the Texas Division of Emergency Management [governor's
116	116	division of emergency management] shall reimburse the State Office
117	117	of Risk Management for the actual medical and indemnity benefits
118	118	paid on behalf of a covered member of Texas Task Force 1 at the
119	119	beginning of the next state fiscal year occurring after the date the
120	120	benefits are paid.
121	121	SECTION 2B.03. Section 418.014(e), Government Code, is
122	122	amended to read as follows:
123	123	(e) An executive order or proclamation shall be
124	124	disseminated promptly by means intended to bring its contents to
125	125	the attention of the general public. An order or proclamation shall
126	126	be filed promptly with the division [of emergency management], the
127	127	secretary of state, and the county clerk or city secretary in each
128	128	area to which it applies unless the circumstances attendant on the
129	129	disaster prevent or impede the filing.
130	130	SECTION 2B.04. The heading to Subchapter C, Chapter 418,
131	131	Government Code, is amended to read as follows:
132	132	SUBCHAPTER C. TEXAS DIVISION OF EMERGENCY MANAGEMENT
133	133	SECTION 2B.05. Section 418.073(d), Government Code, is
134	134	amended to read as follows:
135	135	(d) The [governor's] division [of emergency management]
136	136	shall administer the disaster contingency fund and shall develop
137	137	and implement rules and procedures for providing emergency
138	138	assistance from the fund.
139	139	SECTION 2B.06. Section 421.021(a), Government Code, is
140	140	amended to read as follows:
141	141	(a) The Homeland Security Council is composed of the
142	142	governor or the governor's designee and one representative of each
143	143	of the following entities, appointed by the single statewide
144	144	elected or appointed governing officer, administrative head, or
145	145	chair, as appropriate, of the entity:
146	146	(1) Department of Agriculture;
147	147	(2) office of the attorney general;
148	148	(3) General Land Office;
149	149	(4) Public Utility Commission of Texas;
150	150	(5) Department of State Health Services;
151	151	(6) Department of Information Resources;
152	152	(7) Department of Public Safety of the State of Texas;
153	153	(8) Texas Division of Emergency Management [division
154	154	of emergency management of the office of the governor];
155	155	(9) adjutant general's department;
156	156	(10) Texas Commission on Environmental Quality;
157	157	(11) Railroad Commission of Texas;
158	158	(12) Texas Strategic Military Planning Commission;
159	159	(13) Texas Department of Transportation;
160	160	(14) Commission on State Emergency Communications;
161	161	(15) Office of State-Federal Relations;
162	162	(16) secretary of state;
163	163	(17) Senate Committee on Transportation and Homeland
164	164	Security;
165	165	(18) House Committee on Defense Affairs and
166	166	State-Federal Relations;
167	167	(19) Texas Animal Health Commission;
168	168	(20) Texas Association of Regional Councils;
169	169	(21) Texas Commission on Law Enforcement Officer
170	170	Standards and Education;
171	171	(22) state fire marshal's office;
172	172	(23) Texas Education Agency;
173	173	(24) Texas Commission on Fire Protection;
174	174	(25) Parks and Wildlife Department;
175	175	(26) Texas Forest Service; and
176	176	(27) Texas Water Development Board.
177	177	SECTION 2B.07. Section 661.907(b), Government Code, is
178	178	amended to read as follows:
179	179	(b) The number of certified disaster service volunteers who
180	180	are eligible for leave under this section may not exceed 350 state
181	181	employees at any one time during a fiscal year. The Texas Division
182	182	of Emergency Management [division of emergency management in the
183	183	governor's office] shall coordinate the establishment and
184	184	maintenance of the list of eligible employees.
185	185	SECTION 2B.08. Section 661.919(b), Government Code, is
186	186	amended to read as follows:
187	187	(b) The number of amateur radio operators who are eligible
188	188	for leave under this section may not exceed 350 state employees at
189	189	any one time during a state fiscal year. The Texas Division of
190	190	Emergency Management [division of emergency management in the
191	191	governor's office] shall coordinate the establishment and
192	192	maintenance of the list of eligible employees.
193	193	SECTION 2B.09. Section 501.001(5), Labor Code, is amended
194	194	to read as follows:
195	195	(5) "Employee" means a person who is:
196	196	(A) in the service of the state pursuant to an
197	197	election, appointment, or express oral or written contract of hire;
198	198	(B) paid from state funds but whose duties
199	199	require that the person work and frequently receive supervision in
200	200	a political subdivision of the state;
201	201	(C) a peace officer employed by a political
202	202	subdivision, while the peace officer is exercising authority
203	203	granted under:
204	204	(i) Article 2.12, Code of Criminal
205	205	Procedure; or
206	206	(ii) Articles 14.03(d) and (g), Code of
207	207	Criminal Procedure;
208	208	(D) a member of the state military forces, as
209	209	defined by Section 431.001, Government Code, who is engaged in
210	210	authorized training or duty; or
211	211	(E) a Texas Task Force 1 member, as defined by
212	212	Section 88.301, Education Code, who is activated by the Texas
213	213	Division of Emergency Management [governor's division of emergency
214	214	management] or is injured during any training session sponsored or
215	215	sanctioned by Texas Task Force 1.
216	216	SECTION 2B.10. Sections 16.055(a) and (b), Water Code, are
217	217	amended to read as follows:
218	218	(a) The chief [coordinator] of the Texas Division of
219	219	Emergency Management [division of emergency management of the
220	220	office of the governor] is the state drought manager. The state
221	221	drought manager is responsible for managing and coordinating the
222	222	drought response component of the state water plan.
223	223	(b) The drought preparedness council is created and shall
224	224	meet as necessary to carry out the provisions of this section. The
225	225	council is composed of one representative from each of the
226	226	following entities, appointed by the administrative head of that
227	227	entity:
228	228	(1) the Texas Division of Emergency Management
229	229	[division of emergency management of the office of the governor];
230	230	(2) the board;
231	231	(3) the commission;
232	232	(4) the Parks and Wildlife Department;
233	233	(5) the Department of Agriculture;
234	234	(6) the Texas AgriLife [Agricultural] Extension
235	235	Service;
236	236	(7) the State Soil and Water Conservation Board;
237	237	(8) the Texas Department of Housing and Community
238	238	Affairs;
239	239	(9) the Texas Forest Service;
240	240	(10) the Texas Department of Transportation;
241	241	(11) the Texas Department of Economic Development; and
242	242	(12) a representative of groundwater management
243	243	interests who is appointed by the governor.
244	244	SECTION 2B.11. Section 1(3), Chapter 350 (S.B. 1101), Acts
245	245	of the 71st Legislature, Regular Session, 1989 (Article 6419c,
246	246	Vernon's Texas Civil Statutes), is amended to read as follows:
247	247	(3) "Division of emergency management" means the Texas
248	248	Division of Emergency Management [division of emergency management
249	249	of the office of the governor].
250	250	SECTION 2B.12. A reference in law or a rule to the
251	251	"governor's division of emergency management" or the "division of
252	252	emergency management in the office of the governor" means the Texas
253	253	Division of Emergency Management in the Department of Public Safety
254	254	of the State of Texas.
255	255	ARTICLE 3. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE FOR
256	256	INTOXICATION OFFENSES
257	257	SECTION 3.01. Section 524.038, Transportation Code, is
258	258	amended by amending Subsection (d) and adding Subsection (e) to
259	259	read as follows:
260	260	(d) An affidavit from an expert witness [a person] whose
261	261	presence is timely requested [under this section] is inadmissible
262	262	if the expert witness [person] fails to appear at a hearing without
263	263	a showing of good cause. Otherwise, an affidavit under this section
264	264	may be submitted in lieu of an appearance at the hearing by the
265	265	[breath test operator, breath test technical supervisor, or] expert
266	266	witness.
267	267	(e) An affidavit from a breath test operator or breath test
268	268	technical supervisor is admissible unless the judge determines that
269	269	justice requires the breath test operator or breath test technical
270	270	supervisor to be present.
271	271	SECTION 3.02. Section 524.039, Transportation Code, is
272	272	amended to read as follows:
273	273	Sec. 524.039. APPEARANCE OF TECHNICIANS AT HEARING. (a)
274	274	Not [Notwithstanding Section 524.038, if not] later than the fifth
275	275	day before the date of a scheduled hearing, [the department
276	276	receives from] the person who requested a hearing may apply to the
277	277	State Office of Administrative Hearings to issue a subpoena for the
278	278	attendance [written notice, including a facsimile transmission,
279	279	requesting the presence at the hearing] of the breath test operator
280	280	who took the specimen of the person's breath to determine alcohol
281	281	concentration or the certified breath test technical supervisor
282	282	responsible for maintaining and directing the operation of the
283	283	breath test instrument used to analyze the specimen of the person's
284	284	breath, or both[, each requested person must appear at the
285	285	hearing]. The State Office of Administrative Hearings shall issue
286	286	the subpoena only on a showing of good cause.
287	287	(b) The department may reschedule a hearing once not less
288	288	than 48 hours before the hearing if a [the] person subpoenaed
289	289	[requested to attend] under Subsection (a) is unavailable. The
290	290	department may also reschedule the hearing on showing good cause
291	291	that a [the] person subpoenaed [requested] under Subsection (a) is
292	292	not available at the time of the hearing.
293	293	ARTICLE 4. CHANGES TO PRIVATE SECURITY ACT
294	294	SECTION 4.01. Section 1702.002, Occupations Code, is
295	295	amended by amending Subdivisions (2), (3), (5), (11), (12), (13),
296	296	(17), (19), (20), and (21) and adding Subdivision (6-b) to read as
297	297	follows:
298	298	(2) "Branch office" means an office that is:
299	299	(A) identified to the public as a place from
300	300	which business is conducted, solicited, or advertised; and
301	301	(B) at a place other than the principal place of
302	302	business as shown in board [commission] records.
303	303	(3) "Branch office license" means a permit issued by
304	304	the board [commission] that entitles a person to operate at a branch
305	305	office as a security services contractor or investigations company.
306	306	(5) "Commissioned security officer" means a security
307	307	officer to whom a security officer commission has been issued by the
308	308	board [commission].
309	309	(6-b) "Endorsement" means a permit entitling an
310	310	individual holding a registration to perform a service regulated by
311	311	this chapter for an appropriately licensed company.
312	312	(11) "Letter of authority" means a permit issued by
313	313	the board [commission] that entitles the security department of a
314	314	private business or a political subdivision to employ a
315	315	commissioned security officer.
316	316	(12) "License" means a permit issued by the board
317	317	[commission] that entitles a person to operate as a security
318	318	services contractor or investigations company.
319	319	(13) "License holder" means a person to whom the board
320	320	[commission] issues a license.
321	321	(17) "Personal protection officer endorsement
322	322	[authorization]" means a permit issued by the board [commission]
323	323	that entitles an individual to act as a personal protection
324	324	officer.
325	325	(19) "Registrant" means an individual who has
326	326	registered with the board [commission] under Section 1702.221.
327	327	(20) "Registration" means a permit issued by the board
328	328	[commission] to an individual described by Section 1702.221.
329	329	(21) "Security officer commission" means an
330	330	authorization issued by the board [commission] that entitles a
331	331	security officer to carry a firearm.
332	332	SECTION 4.02. Section 1702.004, Occupations Code, is
333	333	amended to read as follows:
334	334	Sec. 1702.004. GENERAL SCOPE OF REGULATION. (a) The board,
335	335	in addition to performing duties required by other law or
336	336	exercising powers granted by other law:
337	337	(1) licenses investigations companies and security
338	338	services contractors;
339	339	(2) issues commissions to certain security officers;
340	340	(3) issues endorsements [authorizations] to certain
341	341	security officers engaged in the personal protection of
342	342	individuals;
343	343	(4) registers and endorses:
344	344	(A) certain individuals connected with a license
345	345	holder; and
346	346	(B) certain individuals employed in a field
347	347	connected to private investigation or private security; and
348	348	(5) regulates license holders, security officers,
349	349	[and] registrants, and endorsement holders under this chapter.
350	350	(b) The board shall adopt rules necessary to comply with
351	351	Chapter 53 [does not apply to this chapter or to any licensing,
352	352	regulatory, or disciplinary determinations made under this
353	353	chapter]. In its rules under this section, the board shall list the
354	354	specific offenses for each category of regulated persons for which
355	355	a conviction would constitute grounds for the board to take action
356	356	under Section 53.021.
357	357	SECTION 4.03. The heading to Subchapter B, Chapter 1702,
358	358	Occupations Code, is amended to read as follows:
359	359	SUBCHAPTER B. TEXAS [COMMISSION ON] PRIVATE SECURITY BOARD
360	360	SECTION 4.04. Section 1702.021, Occupations Code, is
361	361	amended to read as follows:
362	362	Sec. 1702.021. BOARD [COMMISSION] MEMBERSHIP. (a) The
363	363	Texas Private Security Board consists of seven members appointed by
364	364	the governor with the advice and consent of the senate as follows:
365	365	(1) four public members, each of whom is a citizen of
366	366	the United States;
367	367	(2) one member who is licensed under this chapter as a
368	368	private investigator;
369	369	(3) one member who is licensed under this chapter as an
370	370	alarm systems company; and
371	371	(4) one member who is licensed under this chapter as
372	372	the owner or operator of a guard company.
373	373	(b) Appointments to the board [commission] shall be made
374	374	without regard to the race, color, disability, sex, religion, age,
375	375	or national origin of the appointee.
376	376	(c) On presentation by a board [commission] member of the
377	377	constitutional oath taken by the member, together with the
378	378	certificate of appointment, the secretary of state shall issue a
379	379	commission to the member as evidence of the member's authority to
380	380	act as a board [commission] member.
381	381	SECTION 4.05. Section 1702.023, Occupations Code, is
382	382	amended to read as follows:
383	383	Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The board's
384	384	[commission's] public members must be representatives of the
385	385	general public. A person may not be a public member of the board
386	386	[commission] if the person or the person's spouse:
387	387	(1) is registered, commissioned, certified, or
388	388	licensed by a regulatory agency in the field of private
389	389	investigations or private security;
390	390	(2) is employed by or participates in the management
391	391	of a business entity or other organization regulated by or
392	392	receiving money from the board [commission];
393	393	(3) owns or controls, directly or indirectly, more
394	394	than a 10 percent interest in a business entity or other
395	395	organization regulated by or receiving money from the board
396	396	[commission]; or
397	397	(4) uses or receives a substantial amount of tangible
398	398	goods, services, or money from the board [commission] other than
399	399	compensation or reimbursement authorized by law for board
400	400	[commission] membership, attendance, or expenses.
401	401	SECTION 4.06. Sections 1702.024(b) and (c), Occupations
402	402	Code, are amended to read as follows:
403	403	(b) A person may not be a board [commission] member and may
404	404	not be a board [commission] employee employed in a "bona fide
405	405	executive, administrative, or professional capacity," as that
406	406	phrase is used for purposes of establishing an exemption to the
407	407	overtime provisions of the federal Fair Labor Standards Act of 1938
408	408	(29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
409	409	(1) the person is an officer, employee, or paid
410	410	consultant of a Texas trade association in the field of private
411	411	investigation or private security; or
412	412	(2) the person's spouse is an officer, manager, or paid
413	413	consultant of a Texas trade association in the field of private
414	414	investigation or private security.
415	415	(c) A person may not be a board [commission] member or act as
416	416	general counsel to the board [commission] or agency if the person is
417	417	required to register as a lobbyist under Chapter 305, Government
418	418	Code, because of the person's activities for compensation on behalf
419	419	of a profession related to the operation of the agency.
420	420	SECTION 4.07. Section 1702.027, Occupations Code, is
421	421	amended to read as follows:
422	422	Sec. 1702.027. GROUNDS FOR REMOVAL. (a) It is a ground for
423	423	removal from the board [commission] that a member:
424	424	(1) does not have the qualifications required by
425	425	Section 1702.021 at the time of taking office;
426	426	(2) does not maintain the qualifications required by
427	427	Section 1702.021 during service on the board [commission];
428	428	(3) is ineligible for membership under Section
429	429	1702.023 or 1702.024;
430	430	(4) cannot, because of illness or disability,
431	431	discharge the member's duties for a substantial part of the member's
432	432	term; or
433	433	(5) is absent from more than half of the regularly
434	434	scheduled board [commission] meetings that the member is eligible
435	435	to attend during a calendar year without an excuse approved by a
436	436	majority vote of the board [commission].
437	437	(b) The validity of an action of the board [commission] is
438	438	not affected by the fact that it is taken when a ground for removal
439	439	of a board [commission] member exists.
440	440	(c) If the director has knowledge that a potential ground
441	441	for removal exists, the director shall notify the presiding officer
442	442	of the board [commission] of the potential ground. The presiding
443	443	officer shall then notify the governor and the attorney general
444	444	that a potential ground for removal exists. If the potential ground
445	445	for removal involves the presiding officer, the director shall
446	446	notify the next highest ranking officer of the board [commission],
447	447	who shall then notify the governor and the attorney general that a
448	448	potential ground for removal exists.
449	449	SECTION 4.08. Section 1702.028, Occupations Code, is
450	450	amended to read as follows:
451	451	Sec. 1702.028. PER DIEM; REIMBURSEMENT. (a) A board
452	452	[commission] member is entitled to a per diem as set by legislative
453	453	appropriation for each day the member engages in the business of the
454	454	board [commission].
455	455	(b) A member is entitled to reimbursement for travel
456	456	[transportation] expenses incurred while conducting board
457	457	business, including expenses for transportation, meals, and
458	458	lodging, as prescribed by the General Appropriations Act. [A
459	459	member may not receive compensation for travel expenses, including
460	460	expenses for meals and lodging, other than transportation
461	461	expenses.]
462	462	SECTION 4.09. Section 1702.029, Occupations Code, is
463	463	amended to read as follows:
464	464	Sec. 1702.029. MEETINGS. The board [commission] shall meet
465	465	at regular intervals to be decided by the board [commission].
466	466	SECTION 4.10. Section 1702.030, Occupations Code, is
467	467	amended to read as follows:
468	468	Sec. 1702.030. TRAINING. (a) A person who is appointed to
469	469	and qualifies for office as a board [commission] member may not
470	470	vote, deliberate, or be counted as a member in attendance at a board
471	471	[commission] meeting until the person completes a training program
472	472	that complies with this section.
473	473	(b) The training program must provide the person with
474	474	information regarding:
475	475	(1) this chapter;
476	476	(2) the programs operated by the board [commission];
477	477	(3) the role and functions of the board [commission];
478	478	(4) the rules of the board [commission], with an
479	479	emphasis on the rules that relate to disciplinary and investigatory
480	480	authority;
481	481	(5) the current budget for the board [commission];
482	482	(6) the results of the most recent formal audit of the
483	483	board [commission];
484	484	(7) the requirements of:
485	485	(A) the open meetings law, Chapter 551,
486	486	Government Code;
487	487	(B) the public information law, Chapter 552,
488	488	Government Code;
489	489	(C) the administrative procedure law, Chapter
490	490	2001, Government Code; and
491	491	(D) other laws relating to public officials,
492	492	including conflict of interest laws; and
493	493	(8) any applicable ethics policies adopted by the
494	494	board [commission] or the Texas Ethics Commission.
495	495	(c) A person appointed to the board [commission] is entitled
496	496	to reimbursement, as provided by the General Appropriations Act,
497	497	for the travel expenses incurred in attending the training program
498	498	regardless of whether the attendance at the program occurs before
499	499	or after the person qualifies for office.
500	500	SECTION 4.11. Section 1702.041, Occupations Code, is
501	501	amended to read as follows:
502	502	Sec. 1702.041. DIRECTOR. (a) The director is the chief
503	503	administrator of the board [commission]. The director shall
504	504	perform duties as prescribed by the board [commission].
505	505	(b) The director is a full-time employee of the board
506	506	[commission]. A board [commission] member may not serve as
507	507	director.
508	508	SECTION 4.12. Section 1702.042, Occupations Code, is
509	509	amended to read as follows:
510	510	Sec. 1702.042. PERSONNEL; CONFLICT OF INTEREST. An
511	511	employee of the board [commission] may not:
512	512	(1) have a financial or business interest, contingent
513	513	or otherwise, in a security services contractor or investigations
514	514	company; or
515	515	(2) be licensed under this chapter.
516	516	SECTION 4.13. Section 1702.043, Occupations Code, is
517	517	amended to read as follows:
518	518	Sec. 1702.043. DIVISION OF RESPONSIBILITIES. The board
519	519	[commission] shall develop and implement policies that clearly
520	520	separate the policy-making responsibilities of the board
521	521	[commission] and the management responsibilities of the director
522	522	and staff of the board [commission].
523	523	SECTION 4.14. Section 1702.044, Occupations Code, is
524	524	amended to read as follows:
525	525	Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT
526	526	INFORMATION. The director or the director's designee shall provide
527	527	to board [commission] members and to agency employees, as often as
528	528	necessary, information regarding the requirements for office or
529	529	employment under this chapter, including information regarding a
530	530	person's responsibilities under applicable laws relating to
531	531	standards of conduct for state officers or employees.
532	532	SECTION 4.15. Section 1702.045(b), Occupations Code, is
533	533	amended to read as follows:
534	534	(b) The director or the director's designee shall develop a
535	535	system of annual performance evaluations. All merit pay for board
536	536	[commission] employees must be based on the system established
537	537	under this subsection.
538	538	SECTION 4.16. Section 1702.046(a), Occupations Code, is
539	539	amended to read as follows:
540	540	(a) The director or the director's designee shall prepare
541	541	and maintain a written policy statement that implements an equal
542	542	employment opportunity program to ensure that all personnel
543	543	decisions are made without regard to race, creed, color,
544	544	disability, sex, religion, age, or national origin. The policy
545	545	statement must include:
546	546	(1) personnel policies, including policies related to
547	547	recruitment, evaluation, selection, training, and promotion of
548	548	personnel, that show the intent of the board [commission] to avoid
549	549	the unlawful employment practices described by Chapter 21, Labor
550	550	Code; and
551	551	(2) an analysis of the extent to which the composition
552	552	of the board's [commission's] personnel is in accordance with
553	553	federal and state law and a description of reasonable methods to
554	554	achieve compliance with federal and state law.
555	555	SECTION 4.17. The heading to Subchapter D, Chapter 1702,
556	556	Occupations Code, is amended to read as follows:
557	557	SUBCHAPTER D. POWERS AND DUTIES OF BOARD [COMMISSION]
558	558	SECTION 4.18. Section 1702.061, Occupations Code, is
559	559	amended to read as follows:
560	560	Sec. 1702.061. GENERAL POWERS AND DUTIES OF BOARD
561	561	[COMMISSION]. (a) The board [Texas Commission on Private
562	562	Security] shall perform the functions and duties provided by this
563	563	chapter.
564	564	(b) The board [commission] shall adopt rules and general
565	565	policies to guide the agency in the administration of this chapter.
566	566	(c) The rules and policies adopted by the board [commission]
567	567	under Subsection (b) must be consistent with this chapter and other
568	568	board [commission] rules adopted under this chapter and with any
569	569	other applicable law, state rule, or federal regulation.
570	570	(d) The board [commission] has the powers and duties to:
571	571	(1) determine the qualifications of license holders,
572	572	registrants, endorsement holders, and commissioned security
573	573	officers;
574	574	(2) investigate alleged violations of this chapter and
575	575	of board [commission] rules;
576	576	(3) adopt rules necessary to implement this chapter;
577	577	and
578	578	(4) establish and enforce standards governing the
579	579	safety and conduct of each person licensed, registered, or
580	580	commissioned under this chapter.
581	581	(e) The board [commission] shall have a seal in the form
582	582	prescribed by the board [commission].
583	583	(f) The board [commission] may commission investigators who
584	584	are employed full-time by the board [commission] as peace officers
585	585	for the limited purpose of assisting the board [commission] in
586	586	investigating alleged violations of this chapter and of board
587	587	[commission] rules.
588	588	SECTION 4.19. Subchapter D, Chapter 1702, Occupations Code,
589	589	is amended by adding Section 1702.0612 to read as follows:
590	590	Sec. 1702.0612. NEGOTIATED RULEMAKING AND ALTERNATIVE
591	591	DISPUTE RESOLUTION. (a) The board shall develop and implement a
592	592	policy to encourage the use of:
593	593	(1) negotiated rulemaking procedures under Chapter
594	594	2008, Government Code, for the adoption of board rules; and
595	595	(2) appropriate alternative dispute resolution
596	596	procedures under Chapter 2009, Government Code, to assist in the
597	597	resolution of internal and external disputes under the board's
598	598	jurisdiction.
599	599	(b) The board's procedures relating to alternative dispute
600	600	resolution must conform, to the extent possible, to any model
601	601	guidelines issued by the State Office of Administrative Hearings
602	602	for the use of alternative dispute resolution by state agencies.
603	603	(c) The board shall designate a trained person to:
604	604	(1) coordinate the implementation of the policy
605	605	adopted under Subsection (a);
606	606	(2) serve as a resource for any training needed to
607	607	implement the procedures for negotiated rulemaking or alternative
608	608	dispute resolution; and
609	609	(3) collect data concerning the effectiveness of those
610	610	procedures, as implemented by the board.
611	611	SECTION 4.20. Section 1702.062, Occupations Code, is
612	612	amended to read as follows:
613	613	Sec. 1702.062. FEES. (a) The board shall recommend to the
614	614	Public Safety Commission [commission by rule shall establish]
615	615	reasonable and necessary fees that produce sufficient revenue to
616	616	administer this chapter. The Public Safety Commission shall
617	617	establish the fee amounts by rule. The fees may not produce
618	618	unnecessary fund balances. [and may not exceed the following
619	619	amounts:
620	620	[Class A license$350 (original and renewal)
621	621	[Class B license$400 (original and renewal)
622	622	[Class C license$540 (original and renewal)
623	623	[Class D license$400 (original and renewal)
624	624	[Reinstate suspended license$150
625	625	[Assignment of license$150
626	626	[Change name of license$ 75
627	627	[Delinquency fee__
628	628	[Branch office certificate and renewal$300
629	629	[Registration fee for private investigator, manager, branch
630	630	office manager, locksmith, electronic access control device
631	631	installer, and alarm systems installer $ 30 (original and renewal)
632	632	[Registration fee for noncommissioned security officer$ 30
633	633	(original and renewal)
634	634	[Registration fee for security salesperson$ 30
635	635	[Registration fee for alarm systems monitor$ 30
636	636	[Registration fee for dog trainer$ 30
637	637	[Registration fee for owner, officer, partner, or
638	638	shareholder of a license holder $ 50
639	639	[Registration fee for security consultant$300
640	640	[Registration fee for employee of license holder $ 30
641	641	[Security officer commission fee $ 50
642	642	(original and renewal)
643	643	[School instructor fee$100
644	644	(original and renewal)
645	645	[School approval fee$350
646	646	(original and renewal)
647	647	[Letter of authority fee for private business and political
648	648	subdivision $400
649	649	[Letter of authority renewal fee for private business and
650	650	political subdivision $225
651	651	[Letter of authority fee for commissioned officer,
652	652	noncommissioned officer, or personal protection officer for
653	653	political subdivision $ 10
654	654	[FBI fingerprint check$ 25
655	655	[Duplicate pocket card$ 10
656	656	[Employee information update fee$ 15
657	657	[Burglar alarm sellers renewal fee$ 30
658	658	[Personal protection officer authorization$ 50]
659	659	(b) The board [In addition to other fees established under
660	660	this chapter, the commission] may charge a fee each time the board
661	661	[commission] requires a person regulated under this chapter to
662	662	resubmit a set of fingerprints for processing by the board
663	663	[commission] during the application process for a license,
664	664	registration, endorsement, or commission. The Public Safety
665	665	Commission, after receiving a recommendation from the board,
666	666	[commission] shall set the fee in an amount that is reasonable and
667	667	necessary to cover the [commission's] administrative expenses
668	668	related to processing the fingerprints.
669	669	(c) A person whose pocket card has not expired is not
670	670	eligible to receive from the board [commission] another pocket card
671	671	in the same classification in which the pocket card is held.
672	672	SECTION 4.21. The heading to Section 1702.063, Occupations
673	673	Code, is amended to read as follows:
674	674	Sec. 1702.063. BOARD [COMMISSION] USE OF FINES.
675	675	SECTION 4.22. Section 1702.0635, Occupations Code, is
676	676	amended to read as follows:
677	677	Sec. 1702.0635. RESTRICTIONS ON CERTAIN RULES. The board
678	678	[commission] may not adopt rules or establish unduly restrictive
679	679	experience or education requirements that limit a person's ability
680	680	to be licensed as an electronic access control device company or be
681	681	registered as an electronic access control device installer.
682	682	SECTION 4.23. Section 1702.064, Occupations Code, is
683	683	amended to read as follows:
684	684	Sec. 1702.064. RULES RESTRICTING ADVERTISING OR
685	685	COMPETITIVE BIDDING. (a) The board [commission] may not adopt
686	686	rules restricting advertising or competitive bidding by a person
687	687	regulated by the board [commission] except to prohibit false,
688	688	misleading, or deceptive practices by the person.
689	689	(b) The board [commission] may not include in its rules to
690	690	prohibit false, misleading, or deceptive practices by a person
691	691	regulated by the board [commission] a rule that:
692	692	(1) restricts the person's use of any medium for
693	693	advertising;
694	694	(2) restricts the person's personal appearance or use
695	695	of the person's personal voice in an advertisement;
696	696	(3) relates to the size or duration of an
697	697	advertisement by the person; or
698	698	(4) restricts the person's advertisement under a trade
699	699	name.
700	700	SECTION 4.24. Section 1702.0645, Occupations Code, is
701	701	amended to read as follows:
702	702	Sec. 1702.0645. PAYMENT OF FEES AND FINES. (a) The board
703	703	[commission] may adopt rules regarding the method of payment of a
704	704	fee or a fine assessed under this chapter.
705	705	(b) Rules adopted under this section may:
706	706	(1) authorize the use of electronic funds transfer or
707	707	a valid credit card issued by a financial institution chartered by a
708	708	state or the federal government or by a nationally recognized
709	709	credit organization approved by the board [commission]; and
710	710	(2) require the payment of a discount or a reasonable
711	711	service charge for a credit card payment in addition to the fee or
712	712	the fine.
713	713	SECTION 4.25. Section 1702.066, Occupations Code, is
714	714	amended to read as follows:
715	715	Sec. 1702.066. SERVICE OF PROCESS; SERVICE OF DOCUMENTS ON
716	716	BOARD [COMMISSION]. Legal process and documents required by law to
717	717	be served on or filed with the board [commission] must be served on
718	718	or filed with the director at the designated office of the board
719	719	[commission].
720	720	SECTION 4.26. Section 1702.067, Occupations Code, is
721	721	amended to read as follows:
722	722	Sec. 1702.067. BOARD [COMMISSION] RECORDS; EVIDENCE. An
723	723	official record of the board [commission] or an affidavit by the
724	724	director as to the content of the record is prima facie evidence of
725	725	a matter required to be kept by the board [commission].
726	726	SECTION 4.27. Section 1702.068, Occupations Code, is
727	727	amended to read as follows:
728	728	Sec. 1702.068. APPEAL BOND NOT REQUIRED. The board
729	729	[commission] is not required to give an appeal bond in any cause
730	730	arising under this chapter.
731	731	SECTION 4.28. Section 1702.069, Occupations Code, is
732	732	amended to read as follows:
733	733	Sec. 1702.069. ANNUAL REPORT. The board [commission] shall
734	734	file annually with the governor and the presiding officer of each
735	735	house of the legislature a complete and detailed written report
736	736	accounting for all money received and disbursed by the board
737	737	[commission] in the preceding fiscal year. The form of the annual
738	738	report and the reporting time are as provided in the General
739	739	Appropriations Act.
740	740	SECTION 4.29. Section 1702.081, Occupations Code, is
741	741	amended to read as follows:
742	742	Sec. 1702.081. PUBLIC INTEREST INFORMATION. (a) The board
743	743	[commission] shall prepare information of interest to consumers or
744	744	recipients of services regulated under this chapter describing the
745	745	board's [commission's] regulatory functions and the procedures by
746	746	which complaints are filed with and resolved by the board
747	747	[commission].
748	748	(b) The board [commission] shall make the information
749	749	available to the public and appropriate state agencies.
750	750	SECTION 4.30. Section 1702.082, Occupations Code, is
751	751	amended to read as follows:
752	752	Sec. 1702.082. COMPLAINTS. (a) The board [commission by
753	753	rule shall establish methods by which consumers and service
754	754	recipients are notified of the name, mailing address, and telephone
755	755	number of the commission for the purpose of directing complaints to
756	756	the commission. The commission may provide for that notice:
757	757	[(1) on each registration form, application, or
758	758	written contract for services of a person regulated under this
759	759	chapter;
760	760	[(2) on a sign prominently displayed in the place of
761	761	business of each person regulated under this chapter; or
762	762	[(3) in a bill for services provided by a person
763	763	regulated under this chapter.
764	764	[(b) The commission] shall maintain a system to promptly and
765	765	efficiently act on complaints [file on each written complaint]
766	766	filed with the board [commission]. The board shall maintain
767	767	information about parties to the complaint, [file must include:
768	768	[(1) the name of the person who filed the complaint;
769	769	[(2) the date the complaint is received by the
770	770	commission;
771	771	[(3)] the subject matter of the complaint, [;
772	772	[(4) the name of each person contacted in relation to
773	773	the complaint;
774	774	[(5)] a summary of the results of the review or
775	775	investigation of the complaint, [;] and its disposition
776	776	[(6) an explanation of the reason the file was closed,
777	777	if the agency closed the file without taking action other than to
778	778	investigate the complaint].
779	779	(b) [(c)] The board [commission] shall make information
780	780	available describing its [provide to the person filing the
781	781	complaint a copy of the commission's policies and] procedures for
782	782	[relating to] complaint investigation and resolution.
783	783	(c) The board shall periodically [(d) Unless it would
784	784	jeopardize an undercover investigation, the commission shall
785	785	provide to each person who is a subject of the complaint a copy of
786	786	the commission's policies and procedures relating to complaint
787	787	investigation and resolution.
788	788	[(e) The commission, at least quarterly until final
789	789	disposition of the complaint, shall] notify the [person filing the]
790	790	complaint parties [and each person who is a subject of the
791	791	complaint] of the status of the complaint until final disposition
792	792	[investigation unless the notice would jeopardize an undercover
793	793	investigation].
794	794	SECTION 4.31. Section 1702.083, Occupations Code, is
795	795	amended to read as follows:
796	796	Sec. 1702.083. PUBLIC PARTICIPATION. The board
797	797	[commission] shall develop and implement policies that provide the
798	798	public with a reasonable opportunity to appear before the board
799	799	[commission] and to speak on any issue under the board's
800	800	[commission's] jurisdiction.
801	801	SECTION 4.32. Section 1702.084, Occupations Code, is
802	802	amended to read as follows:
803	803	Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF
804	804	DISCIPLINARY ACTIONS. (a) The board [commission] shall make
805	805	available to the public through a toll-free telephone number,
806	806	Internet website, or other easily accessible medium determined by
807	807	the board [commission] the following information relating to a
808	808	disciplinary action taken during the preceding three years
809	809	regarding a person regulated by the board [commission]:
810	810	(1) the identity of the person;
811	811	(2) the nature of the complaint that was the basis of
812	812	the disciplinary action taken against the person; and
813	813	(3) the disciplinary action taken by the board
814	814	[commission].
815	815	(b) In providing the information, the board [commission]
816	816	shall present the information in an impartial manner, use language
817	817	that is commonly understood, and, if possible, avoid jargon
818	818	specific to the security industry.
819	819	(c) The board [commission] shall update the information on a
820	820	monthly basis.
821	821	(d) The board [commission] shall maintain the
822	822	confidentiality of information regarding the identification of a
823	823	complainant.
824	824	SECTION 4.33. Section 1702.103, Occupations Code, is
825	825	amended to read as follows:
826	826	Sec. 1702.103. CLASSIFICATION AND LIMITATION OF LICENSES.
827	827	(a) The license classifications are:
828	828	(1) Class A: investigations company license, covering
829	829	operations of an investigations company;
830	830	(2) Class B: security services contractor license,
831	831	covering operations of a security services contractor;
832	832	(3) Class C: covering the operations included within
833	833	Class A and Class B; [and]
834	834	(4) Class F: level III training school license;
835	835	(5) Class O: alarm level I training school license;
836	836	(6) Class P: private business letter of authority
837	837	license;
838	838	(7) Class X: government letter of authority license;
839	839	and
840	840	(8) Class T: telematics license [Class D: electronic
841	841	access control device license, covering operations of an electronic
842	842	access control device company].
843	843	(b) A [Class A, B, C, or D] license described by this chapter
844	844	does not authorize the license holder to perform a service for which
845	845	the license holder has not qualified. A person may not engage in an
846	846	operation outside the scope of that person's license. The board
847	847	[commission] shall indicate on the license the services the license
848	848	holder is authorized to perform. The license holder may not perform
849	849	a service unless it is indicated on the license.
850	850	(c) A license is not assignable unless the assignment is
851	851	approved in advance by the board [commission].
852	852	(d) The board [commission] shall prescribe by rule the
853	853	procedure under which a license may be terminated.
854	854	(e) The board by rule may establish other license
855	855	classifications for activities expressly regulated by this chapter
856	856	and may establish qualifications and practice requirements
857	857	consistent with this chapter for those license classifications.
858	858	SECTION 4.34. Section 1702.110, Occupations Code, is
859	859	amended to read as follows:
860	860	Sec. 1702.110. APPLICATION FOR LICENSE. An application for
861	861	a license under this chapter must be in the form prescribed by the
862	862	board [commission] and include:
863	863	(1) the full name and business address of the
864	864	applicant;
865	865	(2) the name under which the applicant intends to do
866	866	business;
867	867	(3) a statement as to the general nature of the
868	868	business in which the applicant intends to engage;
869	869	(4) a statement as to the classification for which the
870	870	applicant requests qualification;
871	871	(5) if the applicant is an entity other than an
872	872	individual, the full name and residence address of each partner,
873	873	officer, and director of the applicant, and of the applicant's
874	874	manager;
875	875	(6) if the applicant is an individual, two
876	876	classifiable sets of fingerprints of the applicant or, if the
877	877	applicant is an entity other than an individual, of each officer and
878	878	of each partner or shareholder who owns at least a 25 percent
879	879	interest in the applicant;
880	880	(7) a verified statement of the applicant's experience
881	881	qualifications in the particular classification in which the
882	882	applicant is applying;
883	883	(8) a report from the department [Texas Department of
884	884	Public Safety] stating the applicant's record of any convictions
885	885	for a Class B misdemeanor or equivalent offense or a greater
886	886	offense;
887	887	(9) the social security number of the individual
888	888	making the application; and
889	889	(10) other information, evidence, statements, or
890	890	documents required by the board [commission].
891	891	SECTION 4.35. Section 1702.111, Occupations Code, is
892	892	amended to read as follows:
893	893	Sec. 1702.111. ISSUANCE OF BRANCH OFFICE LICENSE. (a) A
894	894	license holder, in accordance with Section 1702.129, shall notify
895	895	the board [commission] in writing of the establishment of a branch
896	896	office and file in writing with the board [commission] the address
897	897	of the branch office.
898	898	(b) On application by a license holder, the board
899	899	[commission] shall issue a branch office license.
900	900	SECTION 4.36. Section 1702.112, Occupations Code, is
901	901	amended to read as follows:
902	902	Sec. 1702.112. FORM OF LICENSE. The board [commission]
903	903	shall prescribe the form of a license, including a branch office
904	904	license. The license must include:
905	905	(1) the name of the license holder;
906	906	(2) the name under which the license holder is to
907	907	operate; and
908	908	(3) the license number and the date the license was
909	909	issued.
910	910	SECTION 4.37. Sections 1702.113(a) and (c), Occupations
911	911	Code, are amended to read as follows:
912	912	(a) An applicant for a license, certificate of
913	913	registration, endorsement, or security officer commission or the
914	914	applicant's manager must be at least 18 years of age and must not:
915	915	(1) [have been convicted in any jurisdiction of two or
916	916	more felony offenses, unless full pardons have been granted for all
917	917	convictions for reasons relating to wrongful convictions;
918	918	[(2) have been convicted in any jurisdiction of any of
919	919	the following:
920	920	[(A) a single felony or equivalent offense for
921	921	which the 20th anniversary of the date of conviction has not
922	922	occurred before the date of application, unless a full pardon has
923	923	been granted for reasons relating to a wrongful conviction; or
924	924	[(B) a Class A misdemeanor or equivalent offense
925	925	for which the 10th anniversary of the date of conviction has not
926	926	occurred before the date of application, unless a full pardon has
927	927	been granted for reasons relating to a wrongful conviction;
928	928	[(3)] at the time of application be charged with the
929	929	commission of a Class A misdemeanor or felony offense, under an
930	930	information or indictment;
931	931	[(4) in the 10 years preceding the date of
932	932	application, have been adjudicated as having engaged in delinquent
933	933	conduct violating a penal law of the grade of felony;]
934	934	(2) [(5)] have been found by a court to be incompetent
935	935	by reason of a mental defect or disease and not have been restored
936	936	to competency;
937	937	(3) [(6)] have been dishonorably discharged from the
938	938	United States armed services, discharged from the United States
939	939	armed services under other conditions determined by the board to be
940	940	prohibitive, or dismissed from the United States armed services if
941	941	a commissioned officer in the United States armed services; or
942	942	(4) [(7)] be required to register in this or any other
943	943	state as a sex offender, unless the applicant is approved by the
944	944	board under Section 1702.3615.
945	945	(c) For purposes of this section, an offense under the laws
946	946	of this state, another state, or the United States is considered[:
947	947	[(1) a felony if the offense:
948	948	[(A) at the time of conviction was designated by
949	949	a law of this state as a felony, including a state jail felony;
950	950	[(B) contains all the elements of an offense
951	951	designated by a law of this state as a felony, including a state
952	952	jail felony; or
953	953	[(C) is punishable by confinement for one year or
954	954	more in a penitentiary;
955	955	[(2) a Class A misdemeanor if the offense is not a
956	956	felony and the offense:
957	957	[(A) at the time of conviction was designated by
958	958	a law of this state as a Class A misdemeanor;
959	959	[(B) contains all the elements of an offense
960	960	designated by a law of this state as a Class A misdemeanor; or
961	961	[(C) provides as a possible punishment
962	962	confinement in a jail other than a state jail felony facility; or
963	963	[(3)] a Class B misdemeanor if the offense is not a
964	964	felony or Class A misdemeanor and the offense:
965	965	(1) [(A)] at the time of conviction was designated by
966	966	a law of this state as a Class B misdemeanor;
967	967	(2) [(B)] contains all the elements of an offense
968	968	designated by a law of this state as a Class B misdemeanor; or
969	969	(3) [(C)] provides as a possible punishment
970	970	confinement in a jail other than a state jail felony facility.
971	971	SECTION 4.38. Section 1702.114, Occupations Code, is
972	972	amended to read as follows:
973	973	Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR
974	974	INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a license to
975	975	engage in the business of an investigations company or the
976	976	applicant's manager must have, before the date of the application,
977	977	three consecutive years' experience in the investigative field as
978	978	an employee, manager, or owner of an investigations company or
979	979	satisfy other requirements set by the board [commission].
980	980	(b) The applicant's experience must be:
981	981	(1) reviewed by the board [commission] or the
982	982	director; and
983	983	(2) determined to be adequate to qualify the applicant
984	984	to engage in the business of an investigations company.
985	985	SECTION 4.39. Section 1702.115, Occupations Code, is
986	986	amended to read as follows:
987	987	Sec. 1702.115. ADDITIONAL QUALIFICATIONS FOR SECURITY
988	988	SERVICES CONTRACTOR LICENSE. (a) An applicant for a license to
989	989	engage in the business of a security services contractor or the
990	990	applicant's manager must have, before the date of the application,
991	991	two consecutive years' experience in each security services field
992	992	for which the person applies as an employee, manager, or owner of a
993	993	security services contractor or satisfy other requirements set by
994	994	the board [commission].
995	995	(b) The applicant's experience must have been obtained
996	996	legally and must be:
997	997	(1) reviewed by the board [commission] or the
998	998	director; and
999	999	(2) determined to be adequate to qualify the applicant
1000	1000	to engage in the business of a security services contractor.
1001	1001	SECTION 4.40. Section 1702.116, Occupations Code, is
1002	1002	amended to read as follows:
1003	1003	Sec. 1702.116. QUALIFICATIONS FOR GUARD DOG COMPANY
1004	1004	LICENSE; INSPECTIONS. (a) An applicant for a license to engage in
1005	1005	the business of a guard dog company must:
1006	1006	(1) meet the requirements of Sections 1702.113 and
1007	1007	1702.115; and
1008	1008	(2) present evidence satisfactory to the board
1009	1009	[commission] that the applicant will comply with the rules adopted
1010	1010	under this section.
1011	1011	(b) After consulting the [Texas] Department of State Health
1012	1012	Services, the board [commission] shall adopt rules to ensure that
1013	1013	the areas in which a guard dog company houses, exercises, or trains
1014	1014	its animals are securely enclosed by a six-foot chain-link fence or
1015	1015	made equally secure.
1016	1016	(c) The board [commission] shall conduct regular
1017	1017	inspections to ensure compliance with the rules adopted under this
1018	1018	section.
1019	1019	SECTION 4.41. Sections 1702.117(a), (c), and (d),
1020	1020	Occupations Code, are amended to read as follows:
1021	1021	(a) The board [commission] shall require an applicant for a
1022	1022	commission, license, registration, or endorsement under this
1023	1023	chapter or the applicant's manager to demonstrate qualifications in
1024	1024	the person's license classification, including knowledge of
1025	1025	applicable state laws and board [commission] rules, by taking an
1026	1026	examination to be determined by the board [commission].
1027	1027	(c) The board [commission] shall set the reexamination fee
1028	1028	in an amount not to exceed the amount of the renewal fee for the
1029	1029	license classification for which application was made.
1030	1030	(d) The board [commission] shall develop and provide to a
1031	1031	person who applies to take the examination under Subsection (a)
1032	1032	material containing all applicable state laws and board
1033	1033	[commission] rules.
1034	1034	SECTION 4.42. Section 1702.118, Occupations Code, is
1035	1035	amended to read as follows:
1036	1036	Sec. 1702.118. EXAMINATION RESULTS. (a) Not later than the
1037	1037	30th day after the date a person takes a licensing examination under
1038	1038	this chapter, the board [commission] shall notify the person of the
1039	1039	examination results.
1040	1040	(b) If an examination is graded or reviewed by a testing
1041	1041	service:
1042	1042	(1) the board [commission] shall notify the person of
1043	1043	the examination results not later than the 14th day after the date
1044	1044	the board [commission] receives the results from the testing
1045	1045	service; and
1046	1046	(2) if notice of the examination results will be
1047	1047	delayed for longer than 90 days after the examination date, the
1048	1048	board [commission] shall notify the person of the reason for the
1049	1049	delay before the 90th day.
1050	1050	(c) The board [commission] may require a testing service to
1051	1051	notify a person of the results of the person's examination.
1052	1052	(d) If requested in writing by a person who fails a
1053	1053	licensing examination administered under this chapter, the board
1054	1054	[commission] shall furnish the person with an analysis of the
1055	1055	person's performance on the examination.
1056	1056	SECTION 4.43. Section 1702.1183, Occupations Code, is
1057	1057	amended to read as follows:
1058	1058	Sec. 1702.1183. RECIPROCAL LICENSE FOR CERTAIN FOREIGN
1059	1059	APPLICANTS. (a) The board [commission] may waive any prerequisite
1060	1060	to obtaining a license for an applicant who holds a license issued
1061	1061	by another jurisdiction with which this state has a reciprocity
1062	1062	agreement.
1063	1063	(b) The board [commission] may make an agreement, subject to
1064	1064	the approval of the governor, with another state to allow for
1065	1065	licensing by reciprocity.
1066	1066	SECTION 4.44. Section 1702.1186, Occupations Code, is
1067	1067	amended to read as follows:
1068	1068	Sec. 1702.1186. PROVISIONAL LICENSE. (a) The board
1069	1069	[commission] may issue a provisional license to an applicant
1070	1070	currently licensed in another jurisdiction who seeks an equivalent
1071	1071	license in this state and who:
1072	1072	(1) has been licensed in good standing as an
1073	1073	investigations company or security services contractor for at least
1074	1074	two years in another jurisdiction, including a foreign country,
1075	1075	that has licensing requirements substantially equivalent to the
1076	1076	requirements of this chapter;
1077	1077	(2) has passed a national or other examination
1078	1078	recognized by the board [commission] relating to the practice of
1079	1079	private investigations or security services contracting; and
1080	1080	(3) is sponsored by a person licensed by the board
1081	1081	[commission] under this chapter with whom the provisional license
1082	1082	holder will practice during the time the person holds a provisional
1083	1083	license.
1084	1084	(b) A provisional license is valid until the date the board
1085	1085	[commission] approves or denies the provisional license holder's
1086	1086	application for a license. The board [commission] shall issue a
1087	1087	license under this chapter to the provisional license holder if:
1088	1088	(1) the provisional license holder is eligible to be
1089	1089	licensed under Section 1702.1183; or
1090	1090	(2) the provisional license holder:
1091	1091	(A) passes the part of the examination under
1092	1092	Section 1702.117(a) that relates to the applicant's knowledge and
1093	1093	understanding of the laws and rules relating to the practice of an
1094	1094	investigations company or security services contractor in this
1095	1095	state;
1096	1096	(B) is verified by the board [commission] as
1097	1097	meeting the academic and experience requirements for a license
1098	1098	under this chapter; and
1099	1099	(C) satisfies any other licensing requirements
1100	1100	under this chapter.
1101	1101	(c) The board [commission] must approve or deny a
1102	1102	provisional license holder's application for a license not later
1103	1103	than the 180th day after the date the provisional license is issued.
1104	1104	The board [commission] may extend the 180-day period if the results
1105	1105	of an examination have not been received by the board [commission]
1106	1106	before the end of that period.
1107	1107	(d) The board [commission] may establish a fee for
1108	1108	provisional licenses in an amount reasonable and necessary to cover
1109	1109	the cost of issuing the license.
1110	1110	SECTION 4.45. Section 1702.120(b), Occupations Code, is
1111	1111	amended to read as follows:
1112	1112	(b) An individual may not apply to the board [commission] to
1113	1113	serve as manager of an investigations company, guard company, alarm
1114	1114	systems company, armored car company, courier company, or guard dog
1115	1115	company without the intent to maintain that supervisory position on
1116	1116	a daily basis for that company.
1117	1117	SECTION 4.46. Section 1702.121, Occupations Code, is
1118	1118	amended to read as follows:
1119	1119	Sec. 1702.121. TERMINATION OF MANAGER. A license holder
1120	1120	shall notify the board [commission] in writing not later than the
1121	1121	14th day after the date a manager ceases to be manager of the
1122	1122	license holder's business. The license remains in effect for a
1123	1123	reasonable period after notice is given as provided by board
1124	1124	[commission] rule pending the board's [commission's] determination
1125	1125	of the qualification of another manager under this subchapter.
1126	1126	SECTION 4.47. Section 1702.122, Occupations Code, is
1127	1127	amended to read as follows:
1128	1128	Sec. 1702.122. TEMPORARY CONTINUATION OF LICENSE HOLDER'S
1129	1129	BUSINESS. Under the terms provided by board [commission] rule, a
1130	1130	license holder's business may continue for a temporary period if
1131	1131	the individual on the basis of whose qualifications a license under
1132	1132	this chapter has been obtained ceases to be connected with the
1133	1133	license holder.
1134	1134	SECTION 4.48. Section 1702.123, Occupations Code, is
1135	1135	amended to read as follows:
1136	1136	Sec. 1702.123. INSURANCE; BOND. (a) A license holder shall
1137	1137	maintain on file with the board [commission] at all times the surety
1138	1138	bond and certificate of insurance required by this chapter.
1139	1139	(b) The board [commission] shall immediately suspend the
1140	1140	license of a license holder who violates Subsection (a).
1141	1141	(c) The board [commission] may rescind the license
1142	1142	suspension if the license holder provides proof to the board
1143	1143	[commission] that the bond or the insurance coverage is still in
1144	1144	effect. The license holder must provide the proof in a form
1145	1145	satisfactory to the board [commission] not later than the 10th day
1146	1146	after the date the license is suspended.
1147	1147	(d) After suspension of the license, the board [commission]
1148	1148	may not reinstate the license until an application, in the form
1149	1149	prescribed by the board [commission], is filed accompanied by a
1150	1150	proper bond, insurance certificate, or both. The board
1151	1151	[commission] may deny the application notwithstanding the
1152	1152	applicant's compliance with this section:
1153	1153	(1) for a reason that would justify suspending,
1154	1154	revoking, or denying a license; or
1155	1155	(2) if, during the suspension, the applicant performs
1156	1156	a practice for which a license is required.
1157	1157	SECTION 4.49. Section 1702.125, Occupations Code, is
1158	1158	amended to read as follows:
1159	1159	Sec. 1702.125. BOND REQUIREMENT. A bond executed and filed
1160	1160	with the board [commission] under this chapter remains in effect
1161	1161	until the surety terminates future liability by providing to the
1162	1162	board [commission] at least 30 days' notice of the intent to
1163	1163	terminate liability.
1164	1164	SECTION 4.50. Sections 1702.127(b) and (c), Occupations
1165	1165	Code, are amended to read as follows:
1166	1166	(b) A license holder shall maintain a record containing
1167	1167	information related to the license holder's employees as required
1168	1168	by the board [commission].
1169	1169	(c) A license holder shall maintain for board [commission]
1170	1170	inspection at the license holder's principal place of business or
1171	1171	branch office two recent color photographs, of a type required by
1172	1172	the board [commission], of each applicant, registrant,
1173	1173	commissioned security officer, and employee of the license holder.
1174	1174	SECTION 4.51. Section 1702.129, Occupations Code, is
1175	1175	amended to read as follows:
1176	1176	Sec. 1702.129. NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
1177	1177	(a) A license holder shall notify the board [commission] not later
1178	1178	than the 14th day after the date of:
1179	1179	(1) a change of address for the license holder's
1180	1180	principal place of business;
1181	1181	(2) a change of a name under which the license holder
1182	1182	does business; or
1183	1183	(3) a change in the license holder's officers or
1184	1184	partners.
1185	1185	(b) A license holder shall notify the board [commission] in
1186	1186	writing not later than the 14th day after the date a branch office:
1187	1187	(1) is established;
1188	1188	(2) is closed; or
1189	1189	(3) changes address or location.
1190	1190	SECTION 4.52. Section 1702.131, Occupations Code, is
1191	1191	amended to read as follows:
1192	1192	Sec. 1702.131. ADVERTISING. An advertisement by a license
1193	1193	holder soliciting or advertising business must contain the license
1194	1194	holder's company name and address as stated in board [commission]
1195	1195	records.
1196	1196	SECTION 4.53. Section 1702.161(b), Occupations Code, is
1197	1197	amended to read as follows:
1198	1198	(b) An individual employed as a security officer may not
1199	1199	knowingly carry a firearm during the course of performing duties as
1200	1200	a security office unless the board [commission] has issued a
1201	1201	security officer commission to the individual.
1202	1202	SECTION 4.54. Section 1702.162, Occupations Code, is
1203	1203	amended to read as follows:
1204	1204	Sec. 1702.162. EMPLOYER'S APPLICATION FOR SECURITY OFFICER
1205	1205	COMMISSION. The employer of a security officer who applies for a
1206	1206	security officer commission for the officer must submit an
1207	1207	application to the board [commission] on a form provided by the
1208	1208	board [commission].
1209	1209	SECTION 4.55. Section 1702.165, Occupations Code, is
1210	1210	amended to read as follows:
1211	1211	Sec. 1702.165. ISSUANCE OF SECURITY OFFICER COMMISSION;
1212	1212	POCKET CARD. (a) The board [commission], with the concurrence of
1213	1213	the department [Texas Department of Public Safety]:
1214	1214	(1) may issue a security officer commission to an
1215	1215	individual employed as a uniformed security officer; and
1216	1216	(2) shall issue a security officer commission to a
1217	1217	qualified employee of an armored car company that is a carrier
1218	1218	conducting the armored car business under a federal or state permit
1219	1219	or certificate.
1220	1220	(b) A security officer commission issued under this section
1221	1221	must be in the form of a pocket card designed by the board
1222	1222	[commission] that identifies the security officer.
1223	1223	SECTION 4.56. Section 1702.167, Occupations Code, is
1224	1224	amended to read as follows:
1225	1225	Sec. 1702.167. TERMINATION OF EMPLOYMENT AS COMMISSIONED
1226	1226	SECURITY OFFICER; TRANSFER OF COMMISSION. The holder of a security
1227	1227	officer commission who terminates employment with one employer may
1228	1228	transfer the individual's commission to a new employer if, not
1229	1229	later than the 14th day after the date the individual begins the new
1230	1230	employment, the new employer notifies the board [commission] of the
1231	1231	transfer of employment on a form prescribed by the board
1232	1232	[commission], accompanied by payment of the employee information
1233	1233	update fee.
1234	1234	SECTION 4.57. Sections 1702.1675(a), (b), (c), (d), (e),
1235	1235	(f), and (i), Occupations Code, are amended to read as follows:
1236	1236	(a) The board [commission] shall establish a basic training
1237	1237	course for commissioned security officers. The course must
1238	1238	include, at a minimum:
1239	1239	(1) general security officer training issues;
1240	1240	(2) classroom instruction on handgun proficiency; and
1241	1241	(3) range instruction on handgun proficiency.
1242	1242	(b) The course must be offered and taught by schools and
1243	1243	instructors approved by the board [commission]. To receive board
1244	1244	[commission] approval, a school or an instructor must submit an
1245	1245	application to the board [commission] on a form provided by the
1246	1246	board [commission].
1247	1247	(c) The basic training course approved by the board
1248	1248	[commission] must consist of a minimum of 30 hours.
1249	1249	(d) The general security officer training portion of the
1250	1250	course must include instruction on:
1251	1251	(1) board [commission] rules and applicable state
1252	1252	laws;
1253	1253	(2) field note taking and report writing; and
1254	1254	(3) any other topics of security officer training
1255	1255	curriculum the board [commission] considers necessary.
1256	1256	(e) The board [commission] shall develop a commissioned
1257	1257	security officer training manual that contains applicable state
1258	1258	laws and board [commission] rules to be used in the instruction and
1259	1259	training of commissioned security officers.
1260	1260	(f) The board [commission] shall adopt rules necessary to
1261	1261	administer the provisions of this section concerning the training
1262	1262	requirements of this chapter.
1263	1263	(i) The board [commission] by rule shall establish minimum
1264	1264	standards for handgun proficiency that are at least as stringent as
1265	1265	the standards for handgun proficiency developed by the public
1266	1266	safety director under Section 411.188, Government Code.
1267	1267	SECTION 4.58. Section 1702.168, Occupations Code, is
1268	1268	amended to read as follows:
1269	1269	Sec. 1702.168. FIREARM REQUIREMENTS. (a) In addition to
1270	1270	the requirements of Section 1702.163(a), the board [commission] by
1271	1271	rule shall establish other qualifications for individuals who are
1272	1272	employed in positions requiring the carrying of firearms. The
1273	1273	qualifications may include:
1274	1274	(1) physical and mental standards;
1275	1275	(2) standards of good moral character; and
1276	1276	(3) other requirements that relate to the competency
1277	1277	and reliability of individuals to carry firearms.
1278	1278	(b) The board [commission] shall prescribe appropriate
1279	1279	forms and adopt rules by which evidence is presented that the
1280	1280	requirements are fulfilled.
1281	1281	SECTION 4.59. Sections 1702.1685(b) and (d), Occupations
1282	1282	Code, are amended to read as follows:
1283	1283	(b) Only a board-approved [commission-approved] instructor
1284	1284	may administer the handgun proficiency examination.
1285	1285	(d) The school shall maintain the records of the required
1286	1286	proficiency and make the records available for inspection by the
1287	1287	board [commission].
1288	1288	SECTION 4.60. Section 1702.171, Occupations Code, is
1289	1289	amended to read as follows:
1290	1290	Sec. 1702.171. SECURITY OFFICER COMMISSION RECORDS. The
1291	1291	board [commission] shall adopt rules for the maintenance of records
1292	1292	relating to an individual to whom the board [commission] has issued
1293	1293	a security officer commission.
1294	1294	SECTION 4.61. Section 1702.183, Occupations Code, is
1295	1295	amended to read as follows:
1296	1296	Sec. 1702.183. APPLICATION FOR LETTER OF AUTHORITY. A
1297	1297	security department of a private business or of a political
1298	1298	subdivision that applies for a security officer commission for an
1299	1299	individual employed by the security department must submit an
1300	1300	application to the board [commission] for a letter of authority on a
1301	1301	form provided by the board [commission].
1302	1302	SECTION 4.62. The heading to Subchapter I, Chapter 1702,
1303	1303	Occupations Code, is amended to read as follows:
1304	1304	SUBCHAPTER I. PERSONAL PROTECTION OFFICER ENDORSEMENT
1305	1305	[AUTHORIZATION] REQUIREMENTS
1306	1306	SECTION 4.63. Section 1702.201, Occupations Code, is
1307	1307	amended to read as follows:
1308	1308	Sec. 1702.201. PERSONAL PROTECTION OFFICER ENDORSEMENT
1309	1309	[AUTHORIZATION] REQUIRED. A commissioned security officer may not
1310	1310	act as a personal protection officer unless the officer holds a
1311	1311	personal protection officer endorsement [authorization].
1312	1312	SECTION 4.64. Section 1702.203, Occupations Code, is
1313	1313	amended to read as follows:
1314	1314	Sec. 1702.203. APPLICATION FOR PERSONAL PROTECTION OFFICER
1315	1315	ENDORSEMENT [AUTHORIZATION]. An applicant for a personal
1316	1316	protection officer endorsement [authorization] must submit a
1317	1317	written application on a form prescribed by the board [commission].
1318	1318	SECTION 4.65. Section 1702.204, Occupations Code, is
1319	1319	amended to read as follows:
1320	1320	Sec. 1702.204. PERSONAL PROTECTION OFFICER ENDORSEMENT
1321	1321	[AUTHORIZATION]; QUALIFICATIONS. (a) An applicant for a personal
1322	1322	protection officer endorsement [authorization] must be at least 21
1323	1323	years of age and must provide:
1324	1324	(1) a certificate of completion of the basic security
1325	1325	officer training course;
1326	1326	(2) proof that the applicant:
1327	1327	(A) has been issued a security officer
1328	1328	commission;
1329	1329	(B) is employed at the time of application by an
1330	1330	investigations company or guard company licensed by the board
1331	1331	[commission]; and
1332	1332	(C) has completed the required training in
1333	1333	nonlethal self-defense or defense of a third person; and
1334	1334	(3) proof of completion and the results of the
1335	1335	Minnesota Multiphasic Personality Inventory psychological testing.
1336	1336	(b) The board [commission] by rule shall require an
1337	1337	applicant for a personal protection officer endorsement
1338	1338	[authorization] to complete the Minnesota Multiphasic Personality
1339	1339	Inventory test. The board [commission] may use the results of the
1340	1340	test to evaluate the applicant's psychological fitness.
1341	1341	SECTION 4.66. Section 1702.205(a), Occupations Code, is
1342	1342	amended to read as follows:
1343	1343	(a) The board [commission] shall establish a 15-hour course
1344	1344	for a personal protection officer consisting of training in
1345	1345	nonlethal self-defense or defense of a third person.
1346	1346	SECTION 4.67. Section 1702.206, Occupations Code, is
1347	1347	amended to read as follows:
1348	1348	Sec. 1702.206. CONCEALED FIREARMS. An individual acting as
1349	1349	a personal protection officer may not carry a concealed firearm
1350	1350	unless the officer:
1351	1351	(1) is either:
1352	1352	(A) engaged in the exclusive performance of the
1353	1353	officer's duties as a personal protection officer for the employer
1354	1354	under whom the officer's personal protection officer endorsement
1355	1355	[authorization] is issued; or
1356	1356	(B) traveling to or from the officer's place of
1357	1357	assignment; and
1358	1358	(2) carries the officer's security officer commission
1359	1359	and personal protection officer endorsement [authorization] on the
1360	1360	officer's person while performing the officer's duties or traveling
1361	1361	as described by Subdivision (1) and presents the commission and
1362	1362	endorsement [authorization] on request.
1363	1363	SECTION 4.68. Section 1702.221, Occupations Code, is
1364	1364	amended to read as follows:
1365	1365	Sec. 1702.221. REGISTRATION AND ENDORSEMENT REQUIRED. (a)
1366	1366	Before an individual may perform any activity regulated by this
1367	1367	chapter, the individual must:
1368	1368	(1) register in accordance with the requirements of
1369	1369	this chapter and related administrative rules;
1370	1370	(2) obtain the proper endorsement under Subsection
1371	1371	(b); and
1372	1372	(3) be employed by a company licensed under this
1373	1373	chapter.
1374	1374	(b) An individual must obtain the appropriate endorsement
1375	1375	[register] in accordance with the requirements of this chapter and
1376	1376	related administrative rules if the individual:
1377	1377	(1) is employed as:
1378	1378	(A) an alarm instructor;
1379	1379	(B) an alarm systems installer;
1380	1380	(C) an [,] alarm systems monitor;
1381	1381	(D) an [,] electronic access control device
1382	1382	installer;
1383	1383	(E) a level 3 classroom or firearm instructor;
1384	1384	(F) a [,] locksmith;
1385	1385	(G) a [,] dog trainer;
1386	1386	(H) a [,] manager or branch office manager;
1387	1387	(I) a [,] noncommissioned security officer;
1388	1388	(J) a level 4 personal protection instructor;
1389	1389	(K) a [,] private investigator;
1390	1390	(L) a [,] private security consultant;
1391	1391	(M) a [, or] security salesperson; or
1392	1392	(N) an individual whose duties include
1393	1393	performing another activity for which an endorsement is required
1394	1394	under Subsection (e); or
1395	1395	(2) is an owner, officer, partner, or shareholder of a
1396	1396	license holder.
1397	1397	(c) [(b)] Registration and endorsement under this chapter
1398	1398	does not preclude an individual from performing additional duties
1399	1399	or services authorized by the individual's employer that are not
1400	1400	regulated by this chapter. An individual who performs more than one
1401	1401	of the services that require an endorsement under this section must
1402	1402	obtain an endorsement for each service.
1403	1403	(d) In addition to the services listed in Subsection (a), a
1404	1404	person holding a security officer commission must also obtain an
1405	1405	endorsement for personal protection if the individual performs the
1406	1406	services described by Section 1702.202.
1407	1407	(e) The board by rule may require a person to hold an
1408	1408	endorsement for performing other activity expressly regulated by
1409	1409	this chapter.
1410	1410	SECTION 4.69. Section 1702.2226(b), Occupations Code, is
1411	1411	amended to read as follows:
1412	1412	(b) A person registered as an electronic access control
1413	1413	device installer may not install alarm systems unless the person
1414	1414	holds an endorsement [is registered] under this chapter as an alarm
1415	1415	systems installer.
1416	1416	SECTION 4.70. The heading to Subchapter J, Chapter 1702,
1417	1417	Occupations Code, is amended to read as follows:
1418	1418	SUBCHAPTER J. REGISTRATION AND ENDORSEMENT REQUIREMENTS;
1419	1419	[REGISTRANT] DUTIES OF REGISTRANT AND ENDORSEMENT HOLDER
1420	1420	SECTION 4.71. Section 1702.228, Occupations Code, is
1421	1421	amended to read as follows:
1422	1422	Sec. 1702.228. EMPLOYEE OF LICENSE HOLDER; REGISTRATION
1423	1423	PERMITTED. An employee of a license holder who is employed in a
1424	1424	capacity that is not subject to mandatory registration under this
1425	1425	subchapter may register with the board [commission].
1426	1426	SECTION 4.72. Section 1702.230, Occupations Code, is
1427	1427	amended to read as follows:
1428	1428	Sec. 1702.230. APPLICATION FOR REGISTRATION OR
1429	1429	ENDORSEMENT. (a) An application for registration or endorsement
1430	1430	must be verified and include:
1431	1431	(1) the applicant's full name, residence address,
1432	1432	residence telephone number, date and place of birth, and social
1433	1433	security number;
1434	1434	(2) a statement that:
1435	1435	(A) lists each name used by the applicant, other
1436	1436	than the name by which the applicant is known at the time of
1437	1437	application, and an explanation stating each place where each name
1438	1438	was used, the date of each use, and a full explanation of the
1439	1439	reasons the name was used; or
1440	1440	(B) states that the applicant has never used a
1441	1441	name other than the name by which the applicant is known at the time
1442	1442	of application;
1443	1443	(3) the name and address of the applicant's employer
1444	1444	and, if applicable, the applicant's consulting firm;
1445	1445	(4) the date the employment commenced;
1446	1446	(5) a letter from the license holder requesting that
1447	1447	the applicant be registered or endorsed;
1448	1448	(6) the title of the position occupied by the
1449	1449	applicant and a description of the applicant's duties; and
1450	1450	(7) any other information, evidence, statement, or
1451	1451	document required by the board [commission].
1452	1452	(b) The employer of the applicant shall make a reasonable
1453	1453	attempt to verify the information required under Subsection (a)(1).
1454	1454	SECTION 4.73. Section 1702.2305, Occupations Code, is
1455	1455	amended to read as follows:
1456	1456	Sec. 1702.2305. PROVISIONAL REGISTRATION. (a) The board
1457	1457	[commission] may issue a provisional registration to an applicant
1458	1458	currently registered in another jurisdiction who seeks an
1459	1459	equivalent registration in this state and who:
1460	1460	(1) has been registered in good standing in the field
1461	1461	in which the registration is sought for at least two years in
1462	1462	another jurisdiction, including a foreign country, that has
1463	1463	registration requirements substantially equivalent to the
1464	1464	requirements of this chapter;
1465	1465	(2) has passed a national or other examination
1466	1466	recognized by the board [commission] relating to practice in the
1467	1467	field in which the registration is sought; and
1468	1468	(3) is employed by a person licensed by the board
1469	1469	[commission] under this chapter with whom the provisional
1470	1470	registration holder will practice during the time the person holds
1471	1471	a provisional registration.
1472	1472	(b) A provisional registration is valid until the date the
1473	1473	board [commission] approves or denies the provisional registration
1474	1474	holder's application for a registration. The board [commission]
1475	1475	shall issue a registration under this chapter to the provisional
1476	1476	registration holder if the provisional registration holder is
1477	1477	eligible to be registered under this chapter.
1478	1478	(c) The board [commission] must approve or deny a
1479	1479	provisional registration holder's application for a registration
1480	1480	not later than the 180th day after the date the provisional
1481	1481	registration is issued. The board [commission] may extend the
1482	1482	180-day period if the results of an examination have not been
1483	1483	received by the board [commission] before the end of that period.
1484	1484	(d) The board [commission] may establish a fee for
1485	1485	provisional registration in an amount reasonable and necessary to
1486	1486	cover the cost of issuing the registration.
1487	1487	SECTION 4.74. Section 1702.232, Occupations Code, is
1488	1488	amended to read as follows:
1489	1489	Sec. 1702.232. POCKET CARDS. (a) The board [commission]
1490	1490	shall issue a pocket card for each registrant under this chapter. A
1491	1491	pocket card for an owner, officer, partner, or shareholder of a
1492	1492	license holder shall be issued to the license holder.
1493	1493	(b) The board [commission] shall determine the size,
1494	1494	design, and content of the pocket card.
1495	1495	(c) The pocket card must:
1496	1496	(1) state the name of the registrant;
1497	1497	(2) contain a color photograph and the signature of
1498	1498	the registrant; [and]
1499	1499	(3) state the date the card was issued and the card's
1500	1500	expiration date; and
1501	1501	(4) state each endorsement held by the registrant and
1502	1502	the date the endorsement expires.
1503	1503	SECTION 4.75. Section 1702.234, Occupations Code, is
1504	1504	amended to read as follows:
1505	1505	Sec. 1702.234. REGISTRATION AND ENDORSEMENT TRANSFER. A
1506	1506	registrant may transfer the registrant's registration and
1507	1507	endorsements from one employer to another employer if, not later
1508	1508	than the 14th day after the date the registrant begins the new
1509	1509	employment, the new employer notifies the board [commission] of the
1510	1510	transfer of employment on a form prescribed by the board
1511	1511	[commission] accompanied by payment of the employee information
1512	1512	update fee.
1513	1513	SECTION 4.76. Section 1702.235, Occupations Code, is
1514	1514	amended to read as follows:
1515	1515	Sec. 1702.235. PREEMPLOYMENT CHECK FOR NONCOMMISSIONED
1516	1516	SECURITY OFFICERS. A person may not hire a noncommissioned
1517	1517	security officer unless the person conducts a preemployment check
1518	1518	as required by board [commission] rule.
1519	1519	SECTION 4.77. Section 1702.236, Occupations Code, is
1520	1520	amended to read as follows:
1521	1521	Sec. 1702.236. EXAMINATION AND TRAINING REQUIREMENTS FOR
1522	1522	ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS. (a) The board
1523	1523	[commission] shall require an individual who applies for an
1524	1524	endorsement [registration] as an electronic access control device
1525	1525	installer to pass an examination given by the board [commission] or
1526	1526	a person approved by the board [commission]. The examination must
1527	1527	cover material related to access control.
1528	1528	(b) [(c)] On and after September 1, 2005, the board
1529	1529	[commission] by rule may allow an electronic access control device
1530	1530	installer to obtain or renew an endorsement [a certificate of
1531	1531	registration] by fulfilling the requirements of a board-approved
1532	1532	[commission-approved], industry-based educational training
1533	1533	program.
1534	1534	SECTION 4.78. Sections 1702.239(a), (b), and (d),
1535	1535	Occupations Code, are amended to read as follows:
1536	1536	(a) The board [commission] may require that an individual
1537	1537	employed as an alarm systems installer or security salesperson hold
1538	1538	a certification by a board-approved [commission-approved] training
1539	1539	program to renew an endorsement [an initial registration]. The
1540	1540	board [commission] may approve only nationally recognized training
1541	1541	programs that consist of at least 16 hours of classroom study in the
1542	1542	areas of work allowed by the endorsement [registration]. To be
1543	1543	approved, a training program must offer at least two certification
1544	1544	programs each year, sufficient to complete the requirements of this
1545	1545	subsection, within 100 miles of each county in the state that has a
1546	1546	population of more than 500,000.
1547	1547	(b) The board [commission] may require an individual who has
1548	1548	completed a training program under Subsection (a) to pass an
1549	1549	examination given by the board [commission] or by a person approved
1550	1550	by the board [commission]. The board [commission] may approve
1551	1551	examinations in conjunction with training programs approved under
1552	1552	Subsection (a). The individual's performance on the examination
1553	1553	must demonstrate the individual's qualifications to perform the
1554	1554	duties allowed by the individual's endorsement [registration].
1555	1555	(d) If the board [commission] requires certification or
1556	1556	examination under this section, the board [commission] shall
1557	1557	implement rules to require that to renew an endorsement [a
1558	1558	registration], an individual who is employed as an alarm systems
1559	1559	installer or a security salesperson and who has already once
1560	1560	renewed the endorsement [registration] must obtain continuing
1561	1561	education credits related to the line of work for which the
1562	1562	individual is licensed. If the board [commission] requires the
1563	1563	continuing education, the director must approve classes offered by
1564	1564	nationally recognized organizations, and participants in the
1565	1565	classes must qualify according to board [commission] rules.
1566	1566	SECTION 4.79. Section 1702.240(b), Occupations Code, is
1567	1567	amended to read as follows:
1568	1568	(b) An employee of a license holder who is employed
1569	1569	exclusively as an undercover agent is not required to register with
1570	1570	the board [commission].
1571	1571	SECTION 4.80. Subchapter J, Chapter 1702, Occupations Code,
1572	1572	is amended by adding Section 1702.241 to read as follows:
1573	1573	Sec. 1702.241. JURISPRUDENCE EXAMINATION. (a) The board
1574	1574	may develop and administer at least twice each calendar year a
1575	1575	jurisprudence examination to determine the knowledge that an
1576	1576	applicant for an endorsement has of this chapter, board rules, and
1577	1577	any other applicable laws of this state affecting the applicant's
1578	1578	activities regulated under this chapter.
1579	1579	(b) Before the board may administer a jurisprudence
1580	1580	examination under this section, the board may adopt rules to
1581	1581	implement this section, including rules related to the development
1582	1582	and administration of the examination, examination fees,
1583	1583	guidelines for reexamination, grading the examination, and
1584	1584	providing notice of examination results. The board may design
1585	1585	different examinations for different types of endorsements.
1586	1586	SECTION 4.81. Section 1702.262, Occupations Code, is
1587	1587	amended to read as follows:
1588	1588	Sec. 1702.262. SELLERS OF CERTAIN DEVICES. A person may
1589	1589	sell a detection device or other device for preventing or detecting
1590	1590	burglary if:
1591	1591	(1) the person does not install, repair, or maintain
1592	1592	detection devices;
1593	1593	(2) the person holds a seller's certificate;
1594	1594	(3) the person, or the manufacturer or distributor of
1595	1595	the device that the person sells, files with the board [commission]
1596	1596	a certificate evidencing insurance for liability for bodily injury
1597	1597	or property damage arising from faulty or defective products in an
1598	1598	amount of not less than $1 million combined single limit, provided
1599	1599	that the policy of insurance need not relate exclusively to
1600	1600	burglary devices;
1601	1601	(4) the person, or the manufacturer or distributor of
1602	1602	the device that the person sells, files with the board [commission]
1603	1603	a surety bond executed by a surety company authorized to do business
1604	1604	in this state in the sum of $10,000 in favor of the state; and
1605	1605	(5) the person is not employed by a security services
1606	1606	contractor.
1607	1607	SECTION 4.82. Section 1702.263, Occupations Code, is
1608	1608	amended to read as follows:
1609	1609	Sec. 1702.263. APPLICATION FOR SELLER'S CERTIFICATE.
1610	1610	(a) To obtain a seller's certificate, a person must:
1611	1611	(1) submit to the board [commission] an application
1612	1612	that includes the person's full name, residence telephone number,
1613	1613	date and place of birth, and social security number and two sets of
1614	1614	classifiable fingerprints; and
1615	1615	(2) pay to the board [commission] a seller's
1616	1616	certificate fee established by the board [commission] in an amount
1617	1617	not to exceed $25.
1618	1618	(b) The board [commission] shall approve an application for
1619	1619	a seller's certificate and issue the certificate to the applicant
1620	1620	unless:
1621	1621	(1) the background check of the applicant discloses a
1622	1622	felony conviction for which a full pardon has not been granted; or
1623	1623	(2) any information provided in the application is
1624	1624	false.
1625	1625	SECTION 4.83. Section 1702.267, Occupations Code, is
1626	1626	amended to read as follows:
1627	1627	Sec. 1702.267. SUSPENSION OR REVOCATION OF SELLER'S
1628	1628	CERTIFICATE. On conviction under Section 1702.388 for a violation
1629	1629	of this subchapter, the board [commission] may revoke or suspend a
1630	1630	seller's certificate after a hearing conducted under Subchapter O.
1631	1631	SECTION 4.84. Sections 1702.282(a), (c), and (e),
1632	1632	Occupations Code, are amended to read as follows:
1633	1633	(a) The board shall conduct a criminal history check,
1634	1634	including a check of any criminal history record information
1635	1635	maintained by the Federal Bureau of Investigation, in the manner
1636	1636	provided by Subchapter F, Chapter 411, Government Code, on each
1637	1637	applicant for a license, registration, security officer
1638	1638	commission, letter of approval, permit, endorsement, or
1639	1639	certification. An applicant is not eligible for a license,
1640	1640	registration, commission, letter of approval, permit, endorsement,
1641	1641	or certification if the check reveals that the applicant has
1642	1642	committed an act that constitutes grounds for the denial of the
1643	1643	license, registration, commission, letter of approval, permit,
1644	1644	endorsement, or certification. Except as provided by Subsection
1645	1645	(d), each applicant shall include in the application two complete
1646	1646	sets of fingerprints on forms prescribed by the board accompanied
1647	1647	by the fee set by the board.
1648	1648	(c) A license, registration, security officer commission,
1649	1649	letter of approval, permit, endorsement, or certification issued by
1650	1650	the board is conditional on the board's receipt of criminal history
1651	1651	record information.
1652	1652	(e) On receipt of notice that a check of the applicant's
1653	1653	criminal record has uncovered an unresolved and potentially
1654	1654	disqualifying arrest that occurred before the 10th anniversary of
1655	1655	the date the application is filed, the applicant must provide a
1656	1656	letter of reference from the county sheriff, prosecuting attorney,
1657	1657	or judge of the county in which the applicant was arrested stating
1658	1658	that a record of a disposition related to the arrest does not exist,
1659	1659	and to the best of the county sheriff's, prosecuting attorney's, or
1660	1660	judge's knowledge the applicant is free of any disqualifying
1661	1661	convictions. If the applicant fails to provide either the letter of
1662	1662	reference or documentary proof of the final disposition of the
1663	1663	arrest, the application is considered incomplete and the applicant
1664	1664	may not be issued a license, commission, endorsement, or
1665	1665	certificate of registration under this chapter.
1666	1666	SECTION 4.85. Section 1702.283, Occupations Code, is
1667	1667	amended to read as follows:
1668	1668	Sec. 1702.283. CRUELTY TO ANIMALS. A person who has been
1669	1669	convicted of cruelty to animals under Section 42.09 or 42.092,
1670	1670	Penal Code:
1671	1671	(1) is ineligible for a license as a guard dog company
1672	1672	or for endorsement [registration] as a dog trainer; and
1673	1673	(2) may not be employed to work with dogs as a security
1674	1674	officer by a security services contractor or security department of
1675	1675	a private business that uses dogs to protect individuals or
1676	1676	property or to conduct investigations.
1677	1677	SECTION 4.86. Section 1702.285, Occupations Code, is
1678	1678	amended to read as follows:
1679	1679	Sec. 1702.285. FALSE REPRESENTATION. A person may not
1680	1680	represent falsely that the person:
1681	1681	(1) is employed by a license holder; or
1682	1682	(2) is licensed, registered, endorsed, or
1683	1683	commissioned under this chapter.
1684	1684	SECTION 4.87. Sections 1702.301(c), (d), (e), (f), (g), and
1685	1685	(h), Occupations Code, are amended to read as follows:
1686	1686	(c) A personal protection officer endorsement
1687	1687	[authorization] expires on the expiration date of the security
1688	1688	officer commission under which the individual's endorsement
1689	1689	[authorization] is issued.
1690	1690	(d) Endorsement [Registration] as a private investigator,
1691	1691	manager, branch office manager, alarm systems installer, security
1692	1692	consultant, security salesperson, alarm systems monitor, or dog
1693	1693	trainer expires on the second anniversary of the date of
1694	1694	endorsement [registration].
1695	1695	(e) Endorsement [Registration] as an owner, officer,
1696	1696	partner, or shareholder of a license holder expires on the second
1697	1697	anniversary of the date of endorsement [registration].
1698	1698	(f) Endorsement [Registration] as a noncommissioned
1699	1699	security officer expires on the second anniversary of the date of
1700	1700	endorsement [registration].
1701	1701	(g) A letter of authority, or a school approval or school
1702	1702	instructor approval letter issued by the board [commission],
1703	1703	expires on the first anniversary of the date of issuance.
1704	1704	(h) A license, [or] registration, or endorsement issued
1705	1705	under this chapter, other than one specified in this section,
1706	1706	expires on the date specified by this chapter or by board
1707	1707	[commission] rule.
1708	1708	SECTION 4.88. Section 1702.302, Occupations Code, is
1709	1709	amended to read as follows:
1710	1710	Sec. 1702.302. LICENSE RENEWAL. (a) A person who is
1711	1711	otherwise eligible to renew a license may renew an unexpired
1712	1712	license by paying the required renewal fee to the board
1713	1713	[commission] before the expiration date of the license. A person
1714	1714	whose license has expired may not engage in activities that require
1715	1715	a license until the license has been renewed.
1716	1716	(b) A person whose license has been expired for 90 days or
1717	1717	less may renew the license by paying to the board [commission] a
1718	1718	renewal fee that is equal to 1-1/2 times the normally required
1719	1719	renewal fee.
1720	1720	(c) A person whose license has been expired for longer than
1721	1721	90 days but less than one year may renew the license by paying to the
1722	1722	board [commission] a renewal fee that is equal to two times the
1723	1723	normally required renewal fee.
1724	1724	(d) A person whose license has been expired for one year or
1725	1725	more may not renew the license. The person may obtain a new license
1726	1726	by complying with the requirements and procedures, including the
1727	1727	examination requirements, for obtaining an original license.
1728	1728	(e) Not later than the 30th day before the date a person's
1729	1729	license is scheduled to expire, the board [commission] shall send
1730	1730	written notice of the impending expiration to the person at the
1731	1731	person's last known address according to the board's [commission's]
1732	1732	records.
1733	1733	SECTION 4.89. Section 1702.303, Occupations Code, is
1734	1734	amended to read as follows:
1735	1735	Sec. 1702.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
1736	1736	PRACTITIONER. A person who was licensed in this state, moved to
1737	1737	another state, and is currently licensed and has been in practice in
1738	1738	the other state for the two years preceding the date the person
1739	1739	applies for renewal may obtain a new license without reexamination.
1740	1740	The person must pay to the board [commission] a fee that is equal to
1741	1741	two times the normally required renewal fee for the license.
1742	1742	SECTION 4.90. Section 1702.304, Occupations Code, is
1743	1743	amended to read as follows:
1744	1744	Sec. 1702.304. STAGGERED RENEWAL; PRORATION OF LICENSE
1745	1745	FEE. The board [commission] by rule may adopt a system under which
1746	1746	licenses expire on various dates during the year. For the year in
1747	1747	which the expiration date of a license is changed, the board
1748	1748	[commission] shall prorate license fees on a monthly basis so that
1749	1749	each license holder pays only that portion of the license fee that
1750	1750	is allocable to the number of months during which the license is
1751	1751	valid. On renewal of the license on the new expiration date, the
1752	1752	total license renewal fee is payable.
1753	1753	SECTION 4.91. Section 1702.307, Occupations Code, is
1754	1754	amended to read as follows:
1755	1755	Sec. 1702.307. REGISTRATION RENEWAL. (a) An individual
1756	1756	who is otherwise eligible to renew a registration may renew an
1757	1757	unexpired registration by paying the required renewal fee to the
1758	1758	board [commission] before the expiration date of the registration.
1759	1759	An individual whose registration has expired may not engage in
1760	1760	activities that require a registration until the registration has
1761	1761	been renewed.
1762	1762	(b) An individual whose registration has been expired for 90
1763	1763	days or less may renew the registration by paying to the board
1764	1764	[commission] a renewal fee that is equal to 1-1/2 times the normally
1765	1765	required renewal fee.
1766	1766	(c) An individual whose registration has been expired for
1767	1767	more than 90 days but less than one year may renew the registration
1768	1768	by paying to the board [commission] a renewal fee that is equal to
1769	1769	two times the normally required renewal fee.
1770	1770	(d) An individual whose registration has been expired for
1771	1771	one year or more may not renew the registration. The individual may
1772	1772	obtain a new registration by complying with the requirements and
1773	1773	procedures, including any examination required by the board
1774	1774	[commission], for obtaining an original registration.
1775	1775	(e) An individual who was registered in this state, moved to
1776	1776	another state, and is currently registered and has been in practice
1777	1777	in the other state for the two years preceding the date of
1778	1778	application may obtain a new registration without reexamination.
1779	1779	The individual must pay to the board [commission] a fee that is
1780	1780	equal to two times the normally required renewal fee for the
1781	1781	registration.
1782	1782	(f) Not later than the 30th day before the expiration date
1783	1783	of an individual's registration, the board [commission] shall send
1784	1784	written notice of the impending expiration to the individual at the
1785	1785	individual's last known address according to board [commission]
1786	1786	records.
1787	1787	SECTION 4.92. Sections 1702.308(b) and (c), Occupations
1788	1788	Code, are amended to read as follows:
1789	1789	(b) The board [commission] shall recognize, prepare, or
1790	1790	administer continuing education programs for license holders,
1791	1791	commissioned security officers, and endorsement holders
1792	1792	[registrants]. The board [commission] shall set the minimum number
1793	1793	of hours that must be completed and the types of programs that may
1794	1794	be offered.
1795	1795	(c) A license holder, commissioned security officer, or
1796	1796	endorsement holder [registrant] must participate in the programs to
1797	1797	the extent required by the board [commission] to keep the person's
1798	1798	license, commission, or endorsement [registration]. A license
1799	1799	holder, commissioned security officer, or endorsement holder
1800	1800	[registrant] shall submit evidence of compliance with the board's
1801	1801	[commission's] continuing education requirements in a manner
1802	1802	prescribed by the board [commission].
1803	1803	SECTION 4.93. Section 1702.309(a), Occupations Code, is
1804	1804	amended to read as follows:
1805	1805	(a) The board [commission] by rule shall develop a
1806	1806	continuing education course required for renewal of a security
1807	1807	officer commission. Only a board-approved [commission-approved]
1808	1808	instructor may administer the continuing education course. The
1809	1809	course must include at least six hours of instruction determined by
1810	1810	the director of the board [commission].
1811	1811	SECTION 4.94. Sections 1702.321(b), (c), and (e),
1812	1812	Occupations Code, are amended to read as follows:
1813	1813	(b) The provisions of this chapter relating to security
1814	1814	officer commissions apply to a person employed by a political
1815	1815	subdivision whose duties include serving as a security guard,
1816	1816	security watchman, or security patrolman on property owned or
1817	1817	operated by the political subdivision if the governing body of the
1818	1818	political subdivision files a written request with the board
1819	1819	[commission] for the board [commission] to issue a commission to
1820	1820	the political subdivision's employees with those duties.
1821	1821	(c) The board [commission] may not charge a fee for issuing
1822	1822	a commission to an officer under Subsection (b). The board
1823	1823	[commission] shall issue to the officer a pocket card designating
1824	1824	the political subdivision that employs the officer.
1825	1825	(e) The board [commission] may approve a security officer
1826	1826	training program conducted by the political subdivision in
1827	1827	accordance with Sections 1702.1675 and 1702.168.
1828	1828	SECTION 4.95. Sections 1702.361(a) and (b), Occupations
1829	1829	Code, are amended to read as follows:
1830	1830	(a) Subject to the board's final order under the hearing
1831	1831	provisions of this subchapter, the department, for conduct
1832	1832	described by Subsection (b), may:
1833	1833	(1) deny an application or revoke, suspend, or refuse
1834	1834	to renew a license, registration, endorsement, or security officer
1835	1835	commission;
1836	1836	(2) reprimand a license holder, registrant, or
1837	1837	commissioned security officer; or
1838	1838	(3) place on probation a person whose license,
1839	1839	registration, endorsement, or security officer commission has been
1840	1840	suspended.
1841	1841	(b) The department shall take disciplinary action described
1842	1842	by Subsection (a) on proof:
1843	1843	(1) that the applicant, license holder, registrant,
1844	1844	endorsement holder, or commissioned security officer has:
1845	1845	(A) violated this chapter or a rule adopted under
1846	1846	this chapter;
1847	1847	(B) become ineligible for licensure, [or]
1848	1848	registration, or endorsement under Section 1702.113, or a
1849	1849	commission under Section 1702.163, if applicable, other than an
1850	1850	action for which the department has taken summary action under
1851	1851	Section 1702.364;
1852	1852	(C) engaged in fraud, deceit, or
1853	1853	misrepresentation;
1854	1854	(D) made a material misstatement in an
1855	1855	application for or renewal of a license, registration, endorsement,
1856	1856	or commission; [or]
1857	1857	(E) failed to pay in full an administrative
1858	1858	penalty assessed under Subchapter Q, for which the board has issued
1859	1859	a final order; or
1860	1860	(F) performed any service for which an
1861	1861	endorsement is required under this chapter and either:
1862	1862	(i) was not employed with a company
1863	1863	licensed under this chapter at the time the service was performed;
1864	1864	or
1865	1865	(ii) performed the service for a company
1866	1866	licensed under this chapter that was not listed on the individual's
1867	1867	registration without informing the board of the individual's
1868	1868	employment with the company within a reasonable period; or
1869	1869	(2) that the license holder of a registrant or
1870	1870	commissioned security officer has submitted to the department
1871	1871	sufficient evidence that the registrant or commissioned security
1872	1872	officer:
1873	1873	(A) engaged in fraud or deceit while employed by
1874	1874	the license holder; or
1875	1875	(B) committed theft while performing work as a
1876	1876	registrant or commissioned security officer.
1877	1877	SECTION 4.96. Section 1702.362, Occupations Code, is
1878	1878	amended to read as follows:
1879	1879	Sec. 1702.362. FAILURE TO FILE REQUIRED NOTICE. The board
1880	1880	[commission] may suspend or revoke a license if the license holder
1881	1881	fails to notify the board [commission] as required by Section
1882	1882	1702.121 that a manager has ceased to be the manager of the license
1883	1883	holder.
1884	1884	SECTION 4.97. Section 1702.363, Occupations Code, is
1885	1885	amended to read as follows:
1886	1886	Sec. 1702.363. APPLICATION OF ADMINISTRATIVE PROCEDURE
1887	1887	ACT. Except as provided by Sections 1702.3615(b) and 1702.364, a
1888	1888	person regulated under this chapter against whom the board
1889	1889	[commission] has taken action is entitled to a hearing before the
1890	1890	State Office of Administrative Hearings. A proceeding under this
1891	1891	section is a contested case that is governed by Chapter 2001,
1892	1892	Government Code.
1893	1893	SECTION 4.98. Sections 1702.364(a), (d), (f), and (h),
1894	1894	Occupations Code, are amended to read as follows:
1895	1895	(a) On receiving written notice from a law enforcement
1896	1896	agency that a person has been charged with or convicted of an
1897	1897	offense that would make the person ineligible for a license,
1898	1898	certificate of registration, endorsement, or security officer
1899	1899	commission under Section 1702.113 or 1702.163, the department
1900	1900	shall:
1901	1901	(1) summarily deny the person's application for a
1902	1902	license, registration, endorsement, or security officer
1903	1903	commission;
1904	1904	(2) in the event of pending charges, summarily suspend
1905	1905	the person's license, certificate of registration, endorsement, or
1906	1906	security officer commission; or
1907	1907	(3) in the event of a conviction, summarily revoke the
1908	1908	person's license, certificate of registration, endorsement, or
1909	1909	security officer commission.
1910	1910	(d) At a preliminary hearing, the person must show cause
1911	1911	why:
1912	1912	(1) the application should not have been denied;
1913	1913	(2) the registration, license, endorsement, or
1914	1914	security officer commission should not have been suspended; or
1915	1915	(3) the registration, license, endorsement, or
1916	1916	commission should not have been revoked.
1917	1917	(f) The dismissal of a complaint, information, or
1918	1918	indictment or an acquittal releases the person from automatic
1919	1919	grounds for a summary denial of an application or summary
1920	1920	suspension of a registration, endorsement, or security officer
1921	1921	commission under this section. A conviction for the offense giving
1922	1922	rise to a summary suspension is automatic grounds for immediate,
1923	1923	summary revocation.
1924	1924	(h) The administrative law judge shall make findings of fact
1925	1925	and conclusions of law regarding the person's eligibility for a
1926	1926	license, registration, or endorsement under this section and
1927	1927	promptly issue to the board a proposal for a decision.
1928	1928	SECTION 4.99. Section 1702.365, Occupations Code, is
1929	1929	amended to read as follows:
1930	1930	Sec. 1702.365. ABDUCTION OF CHILD. The board [commission]
1931	1931	shall revoke a person's license, registration, endorsement, or
1932	1932	security officer commission or deny a person's application for, or
1933	1933	renewal of, a license, registration, endorsement, or security
1934	1934	officer commission on proof that the person or an agent of the
1935	1935	person has, after the date of application for a license,
1936	1936	registration, endorsement, or security officer commission,
1937	1937	abducted or attempted to abduct by force or the threat of force or
1938	1938	by misrepresentation, stealth, or unlawful entry a child who at the
1939	1939	time of the abduction or attempt is under the care and control of a
1940	1940	person who:
1941	1941	(1) has custody or physical possession of the child
1942	1942	under a court order; or
1943	1943	(2) is exercising the care and control with the
1944	1944	consent of a person who has custody or physical possession of the
1945	1945	child under a court order.
1946	1946	SECTION 4.100. Sections 1702.367(a), (c), (d), and (e),
1947	1947	Occupations Code, are amended to read as follows:
1948	1948	(a) For an investigation conducted under this chapter, the
1949	1949	board [commission] may issue a subpoena to compel the attendance of
1950	1950	a witness or the production of a pertinent record or document. The
1951	1951	hearings officer may administer oaths and require testimony or
1952	1952	evidence to be given under oath.
1953	1953	(c) A person required to testify or to produce a record or
1954	1954	document on any matter properly under inquiry by the board
1955	1955	[commission] who refuses to testify or to produce the record or
1956	1956	document on the ground that the testimony or the production of the
1957	1957	record or document would incriminate or tend to incriminate the
1958	1958	person is nonetheless required to testify or to produce the record
1959	1959	or document. A person who is required to testify or to produce a
1960	1960	record or document under this subsection is not subject to
1961	1961	indictment or prosecution for a transaction, matter, or thing
1962	1962	concerning which the person truthfully testifies or produces
1963	1963	evidence.
1964	1964	(d) If a witness refuses to obey a subpoena or to give
1965	1965	evidence relevant to proper inquiry by the board [commission], the
1966	1966	board [commission] may petition a district court of the county in
1967	1967	which the hearing is held to compel the witness to obey the subpoena
1968	1968	or to give the evidence. The court shall immediately issue process
1969	1969	to the witness and shall hold a hearing on the petition as soon as
1970	1970	possible.
1971	1971	(e) An investigator employed by the board [commission] may
1972	1972	take statements under oath in an investigation of a matter covered
1973	1973	by this chapter.
1974	1974	SECTION 4.101. Section 1702.368, Occupations Code, is
1975	1975	amended to read as follows:
1976	1976	Sec. 1702.368. NOTIFICATION OF CONVICTION FOR CERTAIN
1977	1977	OFFENSES. The department [Texas Department of Public Safety] shall
1978	1978	notify the board [commission] and the police department of the
1979	1979	municipality and the sheriff's department of the county in which a
1980	1980	person licensed, registered, or commissioned under this chapter
1981	1981	resides of the conviction of the person for a Class B misdemeanor or
1982	1982	equivalent offense or a greater offense.
1983	1983	SECTION 4.102. Subchapter O, Chapter 1702, Occupations
1984	1984	Code, is amended by adding Section 1702.372 to read as follows:
1985	1985	Sec. 1702.372. RECUSAL OF BOARD MEMBER. (a) A board member
1986	1986	who participated in the investigation of a complaint or in informal
1987	1987	settlement negotiations regarding the complaint:
1988	1988	(1) may not vote on the matter at a board meeting
1989	1989	related to the complaint; and
1990	1990	(2) shall state at the meeting the reason for which the
1991	1991	member is prohibited from voting on the matter.
1992	1992	(b) A statement under Subsection (a)(2) shall be entered
1993	1993	into the minutes of the meeting.
1994	1994	SECTION 4.103. Section 1702.381(b), Occupations Code, is
1995	1995	amended to read as follows:
1996	1996	(b) A person who contracts with or employs a person who is
1997	1997	required to hold a license, [certificate of] registration,
1998	1998	endorsement, or security officer commission under this chapter
1999	1999	knowing that the person does not hold the required license,
2000	2000	registration, endorsement [certificate], or commission or who
2001	2001	otherwise, at the time of contract or employment, is in violation of
2002	2002	this chapter may be assessed a civil penalty to be paid to the state
2003	2003	in an amount not to exceed $10,000 for each violation.
2004	2004	SECTION 4.104. Section 1702.386(a), Occupations Code, is
2005	2005	amended to read as follows:
2006	2006	(a) A person commits an offense if the person contracts with
2007	2007	or employs a person who is required to hold a license, registration,
2008	2008	endorsement [certificate], or commission under this chapter
2009	2009	knowing that the person does not hold the required license,
2010	2010	registration, endorsement [certificate], or commission or who
2011	2011	otherwise, at the time of contract or employment, is in violation of
2012	2012	this chapter.
2013	2013	SECTION 4.105. Section 1702.3863(a), Occupations Code, is
2014	2014	amended to read as follows:
2015	2015	(a) A person commits an offense if the person contracts with
2016	2016	or is employed by a bail bond surety as defined by Chapter 1704 to
2017	2017	secure the appearance of a person who has violated Section 38.10,
2018	2018	Penal Code, unless the person is:
2019	2019	(1) a peace officer;
2020	2020	(2) an individual endorsed or licensed as a private
2021	2021	investigator or the manager of a licensed investigations company;
2022	2022	or
2023	2023	(3) a commissioned security officer employed by a
2024	2024	licensed guard company.
2025	2025	SECTION 4.106. Section 1702.387(a), Occupations Code, is
2026	2026	amended to read as follows:
2027	2027	(a) A person commits an offense if the person fails to
2028	2028	surrender or immediately return to the board [commission] the
2029	2029	person's registration, commission, pocket card, or other
2030	2030	identification issued to the person by the board [commission] on
2031	2031	notification of a summary suspension or summary denial under
2032	2032	Section 1702.364.
2033	2033	SECTION 4.107. Section 1702.388(b), Occupations Code, is
2034	2034	amended to read as follows:
2035	2035	(b) An offense under this section is a Class A misdemeanor,
2036	2036	except that the offense is a felony of the third degree if the
2037	2037	person has previously been convicted under this chapter of failing
2038	2038	to hold a license, registration, endorsement, certificate, or
2039	2039	commission that the person is required to hold under this chapter.
2040	2040	SECTION 4.108. Section 1702.402, Occupations Code, is
2041	2041	amended by amending Subsection (a) and adding Subsection (c) to
2042	2042	read as follows:
2043	2043	(a) Each day a violation continues or occurs is a separate
2044	2044	violation for purposes of imposing a penalty. The amount of each
2045	2045	separate violation may not exceed $5,000 [$500].
2046	2046	(c) The board by rule shall develop a standardized penalty
2047	2047	schedule based on the criteria listed in Subsection (b).
2048	2048	SECTION 4.109. Section 1702.406(b), Occupations Code, is
2049	2049	amended to read as follows:
2050	2050	(b) The notice of the board's order given to the person must
2051	2051	include a statement of the right of the person to judicial review of
2052	2052	the order. Judicial review is under the substantial evidence rule
2053	2053	as provided by Subchapter G, Chapter 2001, Government Code.
2054	2054	SECTION 4.110. The following provisions of the Occupations
2055	2055	Code are repealed:
2056	2056	(1) Section 1702.002(4);
2057	2057	(2) Section 1702.003;
2058	2058	(3) Section 1702.065;
2059	2059	(4) Section 1702.113(e); and
2060	2060	(5) Section 1702.364(j).
2061	2061	SECTION 4.111. (a) Not later than January 1, 2010, the
2062	2062	Texas Private Security Board and the Department of Public Safety
2063	2063	shall adopt the rules required by or under Sections 1702.062 and
2064	2064	1702.082, Occupations Code, as amended by this article. The fee
2065	2065	schedule in effect under Section 1702.062, Occupations Code, before
2066	2066	the effective date of this Act is continued in effect until new fees
2067	2067	are adopted under Section 1702.062, Occupations Code, as amended by
2068	2068	this article.
2069	2069	(b) The requirement to pass a jurisprudence examination
2070	2070	under Section 1702.241, Occupations Code, as added by this article,
2071	2071	applies only to an individual who applies for a registration or
2072	2072	endorsement under Chapter 1702, Occupations Code, on or after the
2073	2073	date specified by the Texas Private Security Board in the event the
2074	2074	board begins requiring applicants to pass a jurisprudence
2075	2075	examination, but not earlier than September 1, 2010.
2076	2076	(c) The changes in law made by this article related to the
2077	2077	filing, investigation, or resolution of a complaint under Chapter
2078	2078	1702, Occupations Code, as amended by this article, apply only to a
2079	2079	complaint filed with the Texas Private Security Board on or after
2080	2080	the effective date of this Act. A complaint filed before the
2081	2081	effective date of this Act is governed by the law as it existed
2082	2082	immediately before that date, and the former law is continued in
2083	2083	effect for that purpose.
2084	2084	(d) The changes in law made by this article governing the
2085	2085	authority of the Texas Private Security Board and the Department of
2086	2086	Public Safety to issue, renew, or revoke a license, registration,
2087	2087	endorsement, or commission under Chapter 1702, Occupations Code,
2088	2088	apply only to an application for an original or renewal license,
2089	2089	registration, endorsement, or commission filed with the Texas
2090	2090	Private Security Board under Chapter 1702, Occupations Code, as
2091	2091	amended by this article, on or after the effective date of this Act.
2092	2092	An application filed before the effective date of this Act is
2093	2093	governed by the law in effect at the time the application was filed,
2094	2094	and the former law is continued in effect for that purpose.
2095	2095	(e) The change in law made by this article with respect to
2096	2096	conduct that is grounds for imposition of a disciplinary sanction
2097	2097	applies only to conduct that occurs on or after the effective date
2098	2098	of this Act. Conduct that occurs before the effective date of this
2099	2099	Act is governed by the law in effect on the date the conduct
2100	2100	occurred, and the former law is continued in effect for that
2101	2101	purpose.
2102	2102	(f) Section 1702.372, Occupations Code, as added by this
2103	2103	article, applies only to a hearing conducted on or after the
2104	2104	effective date of this Act, regardless of the date on which the
2105	2105	complaint was filed. A complaint on which a hearing is conducted
2106	2106	before the effective date of this Act is governed by the law in
2107	2107	effect on the date the hearing was conducted, and the former law is
2108	2108	continued in effect for that purpose.
2109	2109	(g) The holder of a Class D license under Chapter 1702,
2110	2110	Occupations Code, as amended by this article, shall be considered
2111	2111	to hold a Class B license on the effective date of this Act. On the
2112	2112	expiration of the Class D license, the license holder may renew the
2113	2113	license as a Class B license.
2114	2114	ARTICLE 5. GENERAL PROVISIONS
2115	2115	SECTION 5.01. Section 411.002, Government Code, is amended
2116	2116	by amending Subsection (c) and adding Subsections (d) and (e) to
2117	2117	read as follows:
2118	2118	(c) The Department of Public Safety of the State of Texas is
2119	2119	subject to Chapter 325 (Texas Sunset Act). Unless continued in
2120	2120	existence as provided by that chapter, the department is abolished
2121	2121	and Subsections (a) and (b) expire September 1, 2021 [2009].
2122	2122	(d) Not later than December 1, 2010, the Sunset Advisory
2123	2123	Commission shall review and prepare a written report for submission
2124	2124	to the legislature on the department's implementation of:
2125	2125	(1) the recommendations in the 2008 audit of the
2126	2126	department's information technology system; and
2127	2127	(2) a civilian business model for the operation of the
2128	2128	driver's license division that focuses on improving customer
2129	2129	service by:
2130	2130	(A) using best practices in call center
2131	2131	technology and monitoring customer service calls;
2132	2132	(B) expanding operating hours at driver's
2133	2133	license offices; and
2134	2134	(C) decreasing the time the department takes to
2135	2135	send a replacement driver's license.
2136	2136	(e) The Sunset Advisory Commission shall submit the report
2137	2137	required by Subsection (d) not later than February 15, 2011. This
2138	2138	subsection and Subsection (d) expire August 31, 2011.
2139	2139	SECTION 5.02. Section 411.0035, Government Code, is amended
2140	2140	to read as follows:
2141	2141	Sec. 411.0035. MEMBER AND GENERAL COUNSEL RESTRICTION. (a)
2142	2142	In this section, "Texas trade association" means a cooperative and
2143	2143	voluntarily joined statewide association of business or
2144	2144	professional competitors in this state designed to assist its
2145	2145	members and its industry or profession in dealing with mutual
2146	2146	business or professional problems and in promoting their common
2147	2147	interest.
2148	2148	(b) A person may not be [serve as] a member of the commission
2149	2149	and may not be a department employee employed in a "bona fide
2150	2150	executive, administrative, or professional capacity," as that
2151	2151	phrase is used for purposes of establishing an exemption to the
2152	2152	overtime provisions of the federal Fair Labor Standards Act of 1938
2153	2153	(29 U.S.C. Section 201 et seq.), if:
2154	2154	(1) the person is an officer, employee, or paid
2155	2155	consultant of a Texas trade association in the field of law
2156	2156	enforcement or private security; or
2157	2157	(2) the person's spouse is an officer, manager, or paid
2158	2158	consultant of a Texas trade association in the field of law
2159	2159	enforcement or private security.
2160	2160	(c) A person may not be a member of the commission or act as
2161	2161	the general counsel to the commission if the person is required to
2162	2162	register as a lobbyist under Chapter 305 because of the person's
2163	2163	activities for compensation on behalf of a profession related to
2164	2164	the operation of the commission.
2165	2165	SECTION 5.03. Subchapter A, Chapter 411, Government Code,
2166	2166	is amended by adding Section 411.0042 to read as follows:
2167	2167	Sec. 411.0042. DIVISION OF RESPONSIBILITIES. The
2168	2168	commission shall develop and implement policies that clearly
2169	2169	separate the policymaking responsibilities of the commission and
2170	2170	the management responsibilities of the director and the staff of
2171	2171	the department.
2172	2172	SECTION 5.04. Subchapter A, Chapter 411, Government Code,
2173	2173	is amended by adding Section 411.0043 to read as follows:
2174	2174	Sec. 411.0043. TECHNOLOGY POLICY. The commission shall
2175	2175	implement a policy requiring the department to use appropriate
2176	2176	technological solutions to improve the department's ability to
2177	2177	perform its functions. The policy must ensure that the public is
2178	2178	able to interact with the department on the Internet.
2179	2179	SECTION 5.05. Subchapter A, Chapter 411, Government Code,
2180	2180	is amended by adding Section 411.0044 to read as follows:
2181	2181	Sec. 411.0044. NEGOTIATED RULEMAKING AND ALTERNATIVE
2182	2182	DISPUTE RESOLUTION. (a) The commission shall develop and implement
2183	2183	a policy to encourage the use of:
2184	2184	(1) negotiated rulemaking procedures under Chapter
2185	2185	2008 for the adoption of department rules; and
2186	2186	(2) appropriate alternative dispute resolution
2187	2187	procedures under Chapter 2009 to assist in the resolution of
2188	2188	internal and external disputes under the department's
2189	2189	jurisdiction.
2190	2190	(b) The department's procedures relating to alternative
2191	2191	dispute resolution must conform, to the extent possible, to any
2192	2192	model guidelines issued by the State Office of Administrative
2193	2193	Hearings for the use of alternative dispute resolution by state
2194	2194	agencies.
2195	2195	(c) The commission shall designate a trained person to:
2196	2196	(1) coordinate the implementation of the policy
2197	2197	adopted under Subsection (a);
2198	2198	(2) serve as a resource for any training needed to
2199	2199	implement the procedures for negotiated rulemaking or alternative
2200	2200	dispute resolution; and
2201	2201	(3) collect data concerning the effectiveness of those
2202	2202	procedures, as implemented by the department.
2203	2203	SECTION 5.06. Sections 411.0195(a), (b), and (c),
2204	2204	Government Code, are amended to read as follows:
2205	2205	(a) The department shall maintain a system to promptly and
2206	2206	efficiently act on [prepare information of public interest
2207	2207	describing the functions of the department and the department's
2208	2208	procedures by which] complaints [are] filed with [and resolved by]
2209	2209	the department. The department shall maintain [make the]
2210	2210	information about parties to the complaint, the subject matter of
2211	2211	the complaint, a summary of the results of the review or
2212	2212	investigation of the complaint, and its disposition [available to
2213	2213	the public and appropriate state agencies].
2214	2214	(b) The department shall make information available
2215	2215	describing its procedures for complaint investigation and
2216	2216	resolution [director by rule shall establish methods by which
2217	2217	consumers and service recipients are notified of the name, mailing
2218	2218	address, and telephone number of the department for the purpose of
2219	2219	directing complaints to the department].
2220	2220	(c) The department shall periodically notify the complaint
2221	2221	parties of the status of the complaint until final disposition
2222	2222	[maintain a file on each written complaint filed with the
2223	2223	department. The file must include:
2224	2224	[(1) the name of the person who filed the complaint;
2225	2225	[(2) the date the complaint is received by the
2226	2226	department;
2227	2227	[(3) the subject matter of the complaint;
2228	2228	[(4) the name of each person contacted in relation to
2229	2229	the complaint;
2230	2230	[(5) a summary of the results of the review or
2231	2231	investigation of the complaint; and
2232	2232	[(6) an explanation of the reason the file was closed,
2233	2233	if the agency closed the file without taking action other than to
2234	2234	investigate the complaint].
2235	2235	SECTION 5.07. Section 411.188, Government Code, is amended
2236	2236	by adding Subsection (j) to read as follows:
2237	2237	(j) The department may offer online, or allow a qualified
2238	2238	handgun instructor to offer online, the continuing education
2239	2239	instruction course and written section of the proficiency
2240	2240	examination required to renew a license.
2241	2241	SECTION 5.08. Sections 411.244(a), (d), and (f), Government
2242	2242	Code, are amended to read as follows:
2243	2243	(a) The commission [director] shall establish the office of
2244	2244	internal affairs, which is responsible for:
2245	2245	(1) acting to prevent and detect criminal conduct
2246	2246	within the department; and
2247	2247	(2) independently and objectively investigating:
2248	2248	(A) criminal activity occurring in all divisions
2249	2249	of the department;
2250	2250	(B) allegations of wrongdoing by department
2251	2251	employees;
2252	2252	(C) crimes committed on department property; and
2253	2253	(D) serious breaches of department policy.
2254	2254	(d) The commission has direct oversight over the office of
2255	2255	internal affairs, including decisions regarding budget and
2256	2256	staffing. The commission [director] shall appoint the head of the
2257	2257	office of internal affairs. The head of the office of internal
2258	2258	affairs serves until removed by the commission [director]. The
2259	2259	commission shall establish policies to ensure that the commission
2260	2260	continues to oversee the office of internal affairs as required by
2261	2261	this subsection and to ensure that the office of internal affairs
2262	2262	retains and exercises its original jurisdiction under Subsection
2263	2263	(b).
2264	2264	(f) The head of the office of internal affairs shall present
2265	2265	at each regularly scheduled commission meeting and at other
2266	2266	appropriate times:
2267	2267	(1) reports of investigations; and
2268	2268	(2) a summary of information relating to
2269	2269	investigations conducted under this section that includes analysis
2270	2270	of the number, type, and outcome of investigations, trends in the
2271	2271	investigations, and recommendations to avoid future complaints.
2272	2272	SECTION 5.09. Sections 411.0195(d) and (e), Government
2273	2273	Code, are repealed.
2274	2274	SECTION 5.10. This Act takes effect September 1, 2009.