LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 6, 2009 TO: Honorable Troy Fraser, Chair, Senate Committee on Business & Commerce FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1245 by Carona (Relating to the regulation of the business of private security.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Occupations Code as it relates to the business of private security. The bill would change the definition of "security officer" and "personal protection officer" to include persons who perform certain acts while carrying a firearm and to specify when a personal protection officer must display or conceal the weapon. The bill would authorize the Texas Private Security Board to request certain additional criminal history information on certain applicants and permit the issuance of administrative subpoenas for production of documents and testimony of witnesses to persons licensed or regulated by the chapter. The bill would provide for sanctions on those who do not comply with a subpoena. Section 22 of the bill would make it a deceptive trade practice under section 17.46 of the Business and Commerce Code to perform any of the activities regulated by Chapter 1702 of the Occupations Code without a license or proper authorization, and specifies that a public or private cause of action may be used to enforce the provision. Section 24 of the bill would amend the Penal Code to provide that a person engaged in duties under Chapter 1702 of the Occupations Code is not unlawfully carrying or displaying a weapon if certain conditions are met. The bill would take effect September 1, 2009. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:302 Office of the Attorney General, 405 Department of Public Safety LBB Staff: JOB, JRO, GG, MWU
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 6, 2009
TO: Honorable Troy Fraser, Chair, Senate Committee on Business & Commerce FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1245 by Carona (Relating to the regulation of the business of private security.), As Introduced
TO: Honorable Troy Fraser, Chair, Senate Committee on Business & Commerce
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB1245 by Carona (Relating to the regulation of the business of private security.), As Introduced
Honorable Troy Fraser, Chair, Senate Committee on Business & Commerce
Honorable Troy Fraser, Chair, Senate Committee on Business & Commerce
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
SB1245 by Carona (Relating to the regulation of the business of private security.), As Introduced
SB1245 by Carona (Relating to the regulation of the business of private security.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Occupations Code as it relates to the business of private security. The bill would change the definition of "security officer" and "personal protection officer" to include persons who perform certain acts while carrying a firearm and to specify when a personal protection officer must display or conceal the weapon. The bill would authorize the Texas Private Security Board to request certain additional criminal history information on certain applicants and permit the issuance of administrative subpoenas for production of documents and testimony of witnesses to persons licensed or regulated by the chapter. The bill would provide for sanctions on those who do not comply with a subpoena. Section 22 of the bill would make it a deceptive trade practice under section 17.46 of the Business and Commerce Code to perform any of the activities regulated by Chapter 1702 of the Occupations Code without a license or proper authorization, and specifies that a public or private cause of action may be used to enforce the provision. Section 24 of the bill would amend the Penal Code to provide that a person engaged in duties under Chapter 1702 of the Occupations Code is not unlawfully carrying or displaying a weapon if certain conditions are met. The bill would take effect September 1, 2009.
The bill would amend the Occupations Code as it relates to the business of private security. The bill would change the definition of "security officer" and "personal protection officer" to include persons who perform certain acts while carrying a firearm and to specify when a personal protection officer must display or conceal the weapon. The bill would authorize the Texas Private Security Board to request certain additional criminal history information on certain applicants and permit the issuance of administrative subpoenas for production of documents and testimony of witnesses to persons licensed or regulated by the chapter. The bill would provide for sanctions on those who do not comply with a subpoena.
Section 22 of the bill would make it a deceptive trade practice under section 17.46 of the Business and Commerce Code to perform any of the activities regulated by Chapter 1702 of the Occupations Code without a license or proper authorization, and specifies that a public or private cause of action may be used to enforce the provision.
Section 24 of the bill would amend the Penal Code to provide that a person engaged in duties under Chapter 1702 of the Occupations Code is not unlawfully carrying or displaying a weapon if certain conditions are met.
The bill would take effect September 1, 2009.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 302 Office of the Attorney General, 405 Department of Public Safety
302 Office of the Attorney General, 405 Department of Public Safety
LBB Staff: JOB, JRO, GG, MWU
JOB, JRO, GG, MWU