Texas 2009 - 81st Regular

Texas Senate Bill SB1244 Compare Versions

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1	1	By: Carona S.B. No. 1244
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of investigations companies and the
7	7	performance of investigative services.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1702.104, Occupations Code, is amended
10	10	to read as follows:
11	11	Sec. 1702.104. INVESTIGATIONS COMPANY. (a) A person acts
12	12	as an investigations company for the purposes of this chapter if the
13	13	person:
14	14	(1) engages in the business of obtaining or
15	15	furnishing, or accepts employment to obtain or furnish, information
16	16	related to:
17	17	(A) crime or wrongs done or threatened against a
18	18	person, state, or the United States;
19	19	(B) the identity, habits, business, occupation,
20	20	knowledge, efficiency, loyalty, movement, location, affiliations,
21	21	associations, transactions, acts, reputation, or character of a
22	22	person;
23	23	(C) the location, disposition, or recovery of
24	24	lost or stolen property; or
25	25	(D) the cause or responsibility for a fire,
26	26	libel, loss, accident, damage, or injury to a person or to property;
27	27	(2) engages in the business of securing, or accepts
28	28	employment to secure, evidence for use before a court, board,
29	29	officer, or investigating committee;
30	30	(3) engages in the business of securing, or accepts
31	31	employment to secure, the electronic tracking of the location of an
32	32	individual or motor vehicle other than for criminal justice
33	33	purposes by or on behalf of a governmental entity; or
34	34	(4) engages in the business of protecting, or accepts
35	35	employment to protect, an individual from bodily harm through the
36	36	use of a personal protection officer.
37	37	(b) For purposes of Subsection (a)(1), obtaining or
38	38	furnishing information includes information obtained or furnished
39	39	through the review and analysis of, and the investigation into the
40	40	content of, computer-based data not available to the public. The
41	41	repair or maintenance of a computer does not constitute an
42	42	investigation for purposes of this section and does not require
43	43	licensing under this chapter if:
44	44	(1) the review or analysis of computer-based data is
45	45	performed only to diagnose a computer or software problem;
46	46	(2) there is no intent to obtain or furnish
47	47	information described by Subsection (a)(1); and
48	48	(3) the discovery of any information described by
49	49	Subsection (a)(1) is inadvertent.
50	50	SECTION 2. Subsection (b), Section 1702.324, Occupations
51	51	Code, is amended to read as follows:
52	52	(b) This chapter does not apply to:
53	53	(1) a manufacturer or a manufacturer's authorized
54	54	distributor while selling equipment intended for resale;
55	55	(2) a person engaged exclusively in the business of
56	56	obtaining and providing information to:
57	57	(A) determine creditworthiness;
58	58	(B) collect debts; or
59	59	(C) ascertain the reliability of information
60	60	provided by an applicant for property, life, or disability
61	61	insurance or an indemnity or surety bond;
62	62	(3) a person engaged exclusively in the business of
63	63	repossessing property that is secured by a mortgage or other
64	64	security interest;
65	65	(4) a person who is engaged in the business of
66	66	psychological testing or other testing and interviewing services,
67	67	including services to determine attitudes, honesty, intelligence,
68	68	personality, and skills, for preemployment purposes;
69	69	(5) a person who:
70	70	(A) is engaged in obtaining information that is a
71	71	public record under Chapter 552, Government Code, regardless of
72	72	whether the person receives compensation;
73	73	(B) is not a full-time employee, as defined by
74	74	Section 61.001, Labor Code, of a person licensed under this
75	75	chapter; and
76	76	(C) does not perform any other act that requires
77	77	a license under this chapter;
78	78	(6) a licensed engineer practicing engineering or
79	79	directly supervising engineering practice under Chapter 1001,
80	80	including forensic analysis, burglar alarm system engineering, and
81	81	necessary data collection;
82	82	(7) an employee of a cattle association who inspects
83	83	livestock brands under the authority granted to the cattle
84	84	association by the Grain Inspection, Packers and Stockyards
85	85	Administration of the United States Department of Agriculture;
86	86	(8) a landman performing activities in the course and
87	87	scope of the landman's business;
88	88	(9) an attorney while engaged in the practice of law;
89	89	(10) a person who obtains a document for use in
90	90	litigation under an authorization or subpoena issued for a written
91	91	or oral deposition;
92	92	(11) an admitted insurer, insurance adjuster, agent,
93	93	or insurance broker licensed by the state, performing duties in
94	94	connection with insurance transacted by that person;
95	95	(12) a person who on the person's own property or on
96	96	property owned or managed by the person's employer:
97	97	(A) installs, changes, or repairs a mechanical
98	98	security device;
99	99	(B) repairs an electronic security device; or
100	100	(C) cuts or makes a key for a security device;
101	101	(13) security personnel, including security contract
102	102	personnel, working at a commercial nuclear power plant licensed by
103	103	the United States Nuclear Regulatory Commission;
104	104	(14) a person or firm licensed as an accountant or
105	105	accounting firm under Chapter 901, an owner of an accounting firm,
106	106	or an employee of an accountant or accounting firm while performing
107	107	services regulated under Chapter 901; [or]
108	108	(15) a retailer, wholesaler, or other person who sells
109	109	mechanical security devices, including locks and deadbolts, but who
110	110	does not:
111	111	(A) service mechanical security devices for the
112	112	public outside of the person's premises; or
113	113	(B) claim to act as a locksmith; or
114	114	(16) an employee while performing investigative
115	115	services that would otherwise be subject to this chapter for an
116	116	entity regulated by the:
117	117	(A) Texas Department of Insurance;
118	118	(B) Office of Thrift Supervision;
119	119	(C) Securities and Exchange Commission;
120	120	(D) Federal Deposit Insurance Corporation;
121	121	(E) National Association of Securities Dealers;
122	122	or
123	123	(F) Financial Industry Regulatory Authority.
124	124	SECTION 3. This Act takes effect immediately if it receives
125	125	a vote of two-thirds of all the members elected to each house, as
126	126	provided by Section 39, Article III, Texas Constitution. If this
127	127	Act does not receive the vote necessary for immediate effect, this
128	128	Act takes effect September 1, 2009.