By: Carona S.B. No. 1244
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of investigations companies and the
performance of investigative services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.104, Occupations Code, is amended
to read as follows:
Sec. 1702.104. INVESTIGATIONS COMPANY. (a) A person acts
as an investigations company for the purposes of this chapter if the
person:
(1) engages in the business of obtaining or
furnishing, or accepts employment to obtain or furnish, information
related to:
(A) crime or wrongs done or threatened against a
person, state, or the United States;
(B) the identity, habits, business, occupation,
knowledge, efficiency, loyalty, movement, location, affiliations,
associations, transactions, acts, reputation, or character of a
person;
(C) the location, disposition, or recovery of
lost or stolen property; or
(D) the cause or responsibility for a fire,
libel, loss, accident, damage, or injury to a person or to property;
(2) engages in the business of securing, or accepts
employment to secure, evidence for use before a court, board,
officer, or investigating committee;
(3) engages in the business of securing, or accepts
employment to secure, the electronic tracking of the location of an
individual or motor vehicle other than for criminal justice
purposes by or on behalf of a governmental entity; or
(4) engages in the business of protecting, or accepts
employment to protect, an individual from bodily harm through the
use of a personal protection officer.
(b) For purposes of Subsection (a)(1), obtaining or
furnishing information includes information obtained or furnished
through the review and analysis of, and the investigation into the
content of, computer-based data not available to the public. The
repair or maintenance of a computer does not constitute an
investigation for purposes of this section and does not require
licensing under this chapter if:
(1) the review or analysis of computer-based data is
performed only to diagnose a computer or software problem;
(2) there is no intent to obtain or furnish
information described by Subsection (a)(1); and
(3) the discovery of any information described by
Subsection (a)(1) is inadvertent.
SECTION 2. Subsection (b), Section 1702.324, Occupations
Code, is amended to read as follows:
(b) This chapter does not apply to:
(1) a manufacturer or a manufacturer's authorized
distributor while selling equipment intended for resale;
(2) a person engaged exclusively in the business of
obtaining and providing information to:
(A) determine creditworthiness;
(B) collect debts; or
(C) ascertain the reliability of information
provided by an applicant for property, life, or disability
insurance or an indemnity or surety bond;
(3) a person engaged exclusively in the business of
repossessing property that is secured by a mortgage or other
security interest;
(4) a person who is engaged in the business of
psychological testing or other testing and interviewing services,
including services to determine attitudes, honesty, intelligence,
personality, and skills, for preemployment purposes;
(5) a person who:
(A) is engaged in obtaining information that is a
public record under Chapter 552, Government Code, regardless of
whether the person receives compensation;
(B) is not a full-time employee, as defined by
Section 61.001, Labor Code, of a person licensed under this
chapter; and
(C) does not perform any other act that requires
a license under this chapter;
(6) a licensed engineer practicing engineering or
directly supervising engineering practice under Chapter 1001,
including forensic analysis, burglar alarm system engineering, and
necessary data collection;
(7) an employee of a cattle association who inspects
livestock brands under the authority granted to the cattle
association by the Grain Inspection, Packers and Stockyards
Administration of the United States Department of Agriculture;
(8) a landman performing activities in the course and
scope of the landman's business;
(9) an attorney while engaged in the practice of law;
(10) a person who obtains a document for use in
litigation under an authorization or subpoena issued for a written
or oral deposition;
(11) an admitted insurer, insurance adjuster, agent,
or insurance broker licensed by the state, performing duties in
connection with insurance transacted by that person;
(12) a person who on the person's own property or on
property owned or managed by the person's employer:
(A) installs, changes, or repairs a mechanical
security device;
(B) repairs an electronic security device; or
(C) cuts or makes a key for a security device;
(13) security personnel, including security contract
personnel, working at a commercial nuclear power plant licensed by
the United States Nuclear Regulatory Commission;
(14) a person or firm licensed as an accountant or
accounting firm under Chapter 901, an owner of an accounting firm,
or an employee of an accountant or accounting firm while performing
services regulated under Chapter 901; [or]
(15) a retailer, wholesaler, or other person who sells
mechanical security devices, including locks and deadbolts, but who
does not:
(A) service mechanical security devices for the
public outside of the person's premises; or
(B) claim to act as a locksmith; or
(16) an employee while performing investigative
services that would otherwise be subject to this chapter for an
entity regulated by the:
(A) Texas Department of Insurance;
(B) Office of Thrift Supervision;
(C) Securities and Exchange Commission;
(D) Federal Deposit Insurance Corporation;
(E) National Association of Securities Dealers;
or
(F) Financial Industry Regulatory Authority.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.