By: Carona S.B. No. 1245
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the business of private security.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.002, Occupations Code, is amended
by amending Subdivision (1-a) and adding Subdivisions (16-a) and
(20-a) to read as follows:
(1-a) For purposes of Subdivision (1), the term "alarm
system" does not include a telephone entry system, an operator for
opening or closing a residential or commercial gate or door, or an
accessory used only to activate a gate or door, if the system,
operator, or accessory is not connected to a computer or data
processor that records or archives the voice, visual image, or
identifying information of the user [an alarm system].
(16-a) "Personal protection officer" means a person
who performs the activities described by Section 1702.202.
(20-a) "Security officer" means a person who performs
the activities described by Section 1702.222.
SECTION 2. Section 1702.047, Occupations Code, is amended
to read as follows:
Sec. 1702.047. ADMINISTRATIVE STAFF. The department shall
designate a department employee who shall report directly to the
board. The employee designated under this section shall provide
administrative assistance to [assist] the board in the performance
[administration] of the board's duties. [The salary for an
employee designated under this section may not exceed the salary
specified in the General Appropriations Act for an employee subject
to salary group A10.]
SECTION 3. Subsection (e), Section 1702.082, Occupations
Code, is amended to read as follows:
(e) On written request, the department [The commission, at
least quarterly until final disposition of the complaint,] shall
inform [notify] the person filing the complaint and each person who
is a subject of the complaint of the status of the investigation
unless the information [notice] would jeopardize an ongoing
[undercover] investigation.
SECTION 4. Subchapter A, Chapter 1702, Occupations Code, is
amended by adding Section 1702.006 to read as follows:
Sec. 1702.006. FOREIGN ENTITY REGISTRATION. Licensure
under this chapter does not exempt a foreign entity from the
registration requirements of Chapter 9, Business Organizations
Code.
SECTION 5. Subsection (a), Section 1702.1056, Occupations
Code, is amended to read as follows:
(a) A person acts as a locksmith company for the purposes of
this chapter if the person:
(1) sells, installs, services, or maintains, or offers
to sell, install, service, or maintain, mechanical security
devices, including deadbolts and locks;
(2) advertises services offered by the company using
the term "locksmith"; or
(3) includes the term "locksmith" in the company's
name.
SECTION 6. Section 1702.110, Occupations Code, is amended
to read as follows:
Sec. 1702.110. APPLICATION FOR LICENSE. (a) An
application for a license under this chapter must be in the form
prescribed by the board [commission] and include:
(1) the full name and business address of the
applicant;
(2) the name under which the applicant intends to do
business;
(3) a statement as to the general nature of the
business in which the applicant intends to engage;
(4) a statement as to the classification for which the
applicant requests qualification;
(5) if the applicant is an entity other than an
individual, the full name and residence address of each partner,
officer who oversees the security-related aspects of the business,
and director of the applicant, and of the applicant's manager;
(6) if the applicant is an individual, two
classifiable sets of fingerprints of the applicant or, if the
applicant is an entity other than an individual, of each officer who
oversees the security-related aspects of the business and of each
partner or shareholder who owns at least a 25 percent interest in
the applicant;
(7) a verified statement of the applicant's experience
qualifications in the particular classification in which the
applicant is applying;
(8) a report from the department [Texas Department of
Public Safety] stating the applicant's record of any convictions
for a Class B misdemeanor or equivalent offense or a greater
offense;
(9) the social security number of the individual
making the application; and
(10) other information, evidence, statements, or
documents required by the board [commission].
(b) An applicant for a license as a security services
contractor shall maintain a physical address within this state and
provide that address to the board. The board shall adopt rules to
enable an out-of-state license holder to comply with this
subsection.
SECTION 7. Section 1702.112, Occupations Code, is amended
to read as follows:
Sec. 1702.112. FORM OF LICENSE. The board [commission]
shall prescribe the form of a license, including a branch office
license. The license must include:
(1) the name of the license holder;
(2) the name under which the license holder is to
operate; [and]
(3) the license number and the date the license was
issued; and
(4) a photograph of the license holder, affixed to the
license at the time the license is issued by the board.
SECTION 8. Section 1702.121, Occupations Code, is amended
to read as follows:
Sec. 1702.121. TERMINATION OF MANAGER. (a) A license
holder shall notify the board [commission] in writing not later
than the 14th day after the date a manager ceases to be manager of
the license holder's business. The license remains in effect for a
reasonable period after notice is given as provided by board
[commission] rule pending the board's [commission's] determination
of the qualification of another manager under this subchapter.
(b) A manager shall be immediately terminated on the
effective date of any summary action taken against the manager. Any
period of temporary operation authorized under this section or
Section 1702.122 starts on the date of termination.
SECTION 9. Section 1702.127, Occupations Code, is amended
by amending Subsections (b) and (c) and adding Subsection (d) to
read as follows:
(b) A license holder shall maintain a record containing
information related to the license holder's employees as required
by the board [commission].
(c) A license holder shall maintain for [commission]
inspection by the department at the license holder's principal
place of business or branch office two recent color photographs, of
a type required by the board [commission], of each applicant,
registrant, commissioned security officer, and employee of the
license holder.
(d) A license holder shall maintain records required under
this chapter at a physical address within this state and provide
that address to the board.
SECTION 10. Section 1702.163, Occupations Code, is amended
by adding Subsection (d-1) to read as follows:
(d-1) For the purposes of determining eligibility under
Subsection (b)(2), the department may require the applicant to
authorize the release to the department of any relevant medical
records.
SECTION 11. Section 1702.201, Occupations Code, is amended
to read as follows:
Sec. 1702.201. PERSONAL PROTECTION OFFICER AUTHORIZATION
REQUIRED. An individual [A commissioned security officer] may not
act as a personal protection officer unless the individual
[officer] holds a personal protection officer authorization.
SECTION 12. Section 1702.202, Occupations Code, is amended
to read as follows:
Sec. 1702.202. PERSONAL PROTECTION OFFICER. An individual
acts as a personal protection officer if the individual, while
carrying a firearm,[:
[(1) has been issued a security officer commission to
carry a concealed firearm; and
[(2)] provides to another [an] individual personal
protection from bodily harm.
SECTION 13. Section 1702.206, Occupations Code, is amended
to read as follows:
Sec. 1702.206. LIMITED AUTHORITY TO CARRY [CONCEALED]
FIREARMS. (a) An individual acting as a personal protection
officer may not carry a [concealed] firearm unless the officer:
(1) is either:
(A) engaged in the exclusive performance of the
officer's duties as a personal protection officer for the employer
under whom the officer's personal protection officer authorization
is issued; or
(B) traveling to or from the officer's place of
assignment; and
(2) carries the officer's security officer commission
and personal protection officer authorization on the officer's
person while performing the officer's duties or traveling as
described by Subdivision (1) and presents the commission and
authorization on request.
(b) An individual who is acting as a personal protection
officer and is wearing the uniform of a security officer, including
any uniform or apparel described by Section 1702.323(d), may not
conceal any firearm the individual is carrying and shall carry the
firearm in plain view. An individual who is acting as a personal
protection officer and is not wearing the uniform of a security
officer shall conceal the firearm.
SECTION 14. Subsection (a), Section 1702.221, Occupations
Code, is amended to read as follows:
(a) An individual must register in accordance with the
requirements of this chapter and related administrative rules if
the individual:
(1) is employed as an alarm systems installer, alarm
systems monitor, electronic access control device installer,
locksmith, dog trainer, manager or branch office manager,
noncommissioned security officer, private investigator, private
security consultant, or security salesperson; or
(2) is an owner, officer who oversees the
security-related aspects of the business, partner, or shareholder
of a license holder.
SECTION 15. Section 1702.230, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The employer of the applicant shall make a reasonable
attempt to verify the information required under Subsection (a)(1)
before the earlier of:
(1) the date the application is submitted; or
(2) the date the applicant begins to perform the
duties of employment that require registration.
(c) An applicant must submit an application that
substantially meets the requirements of this section before
employment in a capacity for which registration is required.
SECTION 16. Subsection (c), Section 1702.232, Occupations
Code, is amended to read as follows:
(c) The pocket card must:
(1) state the name of the registrant;
(2) contain a color photograph, affixed to the pocket
card by the board at the time the card is issued, and the signature
of the registrant; and
(3) state the date the card was issued and the card's
expiration date.
SECTION 17. Subsection (a), Section 1702.282, Occupations
Code, is amended to read as follows:
(a) The board shall conduct a criminal history check,
including a check of any criminal history record information
maintained by the Federal Bureau of Investigation, in the manner
provided by Subchapter F, Chapter 411, Government Code, on each
applicant for a license, registration, security officer
commission, letter of approval, permit, or certification. As part
of its criminal history check, the board may request that the
applicant provide certified copies of relevant court documents or
other records. The failure to provide the requested records within
a reasonable time as determined by the board may result in the
application being considered incomplete. An applicant is not
eligible for a license, registration, commission, letter of
approval, permit, or certification if the check reveals that the
applicant has committed an act that constitutes grounds for the
denial of the license, registration, commission, letter of
approval, permit, or certification. Except as provided by
Subsection (d), each applicant shall include in the application two
complete sets of fingerprints on forms prescribed by the board
accompanied by the fee set by the board.
SECTION 18. Section 1702.286, Occupations Code, as added by
Chapter 1102 (H.B. 2243), Acts of the 79th Legislature, Regular
Session, 2005, is renumbered as Section 1702.2865, Occupations
Code, to read as follows:
Sec. 1702.2865 [1702.286]. CUSTOMER AUTHORIZATION REQUIRED
FOR CERTAIN LOCKSMITH SERVICES. (a) A locksmith company or
locksmith may not perform services for a customer who seeks entry to
a structure, motor vehicle, or other property unless the customer,
in the course of the transaction:
(1) shows the locksmith company or locksmith a
government-issued identification; and
(2) provides a signed authorization stating that the
customer owns or is otherwise entitled to legal access to the
structure, motor vehicle, or other property.
(b) A locksmith company or locksmith is exempt from
Subsection (a) if the locksmith is requested to perform services in
a case of imminent threat to a person or property.
SECTION 19. Section 1702.322, Occupations Code, is amended
to read as follows:
Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter
does not apply to:
(1) a person who has full-time employment as a peace
officer and who receives compensation for private employment on an
individual or an independent contractor basis as a patrolman,
guard, extra job coordinator, or watchman if the officer:
(A) is employed in an employee-employer
relationship or employed on an individual contractual basis
directly by the recipient of the services;
(B) is not in the employ of another peace
officer;
(C) is not a reserve peace officer; and
(D) works as a peace officer on the average of at
least 32 hours a week, is compensated by the state or a political
subdivision of the state at least at the minimum wage, and is
entitled to all employee benefits offered to a peace officer by the
state or political subdivision;
(2) a reserve peace officer while the reserve officer
is performing guard, patrolman, or watchman duties for a county and
is being compensated solely by that county;
(3) a peace officer acting in an official capacity in
responding to a burglar alarm or detection device; or
(4) a person engaged in the business of electronic
monitoring of an individual as a condition of that individual's
community supervision, parole, mandatory supervision, or release
on bail, if the person does not perform any other service that
requires a license under this chapter.
SECTION 20. Subsection (a), Section 1702.361, Occupations
Code, is amended to read as follows:
(a) The [Subject to the board's final order under the
hearing provisions of this subchapter, the] department, for conduct
described by Subsection (b), may:
(1) deny an application or revoke, suspend, or refuse
to renew a license, registration, or security officer commission;
(2) reprimand a license holder, registrant, or
commissioned security officer; or
(3) place on probation a person whose license,
registration, or security officer commission has been suspended.
SECTION 21. Section 1702.367, Occupations Code, is amended
by amending Subsection (a) and adding Subsections (f) and (g) to
read as follows:
(a) For an investigation conducted under this chapter, if
necessary to enforce this chapter or the board's rules, the
department [commission] may issue an administrative [a] subpoena to
any person in this state compelling:
(1) the production of information or documents; or
(2) the attendance and testimony of a witness [compel
the attendance of a witness or the production of a pertinent record
or document. The hearings officer may administer oaths and require
testimony or evidence to be given under oath].
(f) A person licensed or otherwise regulated under this
chapter who fails without good cause to comply with a subpoena
issued under this section may be subject to suspension of a license
under Section 1702.361.
(g) If a subpoena issued under this section relates to an
ongoing criminal investigation by the department and the department
determines that disclosure could significantly impede the
investigation, the subpoena may provide that the person to whom the
subpoena is directed may not:
(1) disclose that the subpoena has been issued;
(2) identify or describe any records requested by the
subpoena; or
(3) disclose whether records have been furnished in
response to the subpoena.
SECTION 22. Subchapter P, Chapter 1702, Occupations Code,
is amended by adding Section 1702.3835 to read as follows:
Sec. 1702.3835. DECEPTIVE TRADE PRACTICE. (a) A person
who performs or offers to perform an activity regulated under this
chapter, but who is not licensed or otherwise authorized under this
chapter to perform the activity, commits a false, misleading, or
deceptive act or practice within the meaning of Section 17.46,
Business & Commerce Code.
(b) A public or private right or remedy under Chapter 17,
Business & Commerce Code, may be used to enforce this chapter.
SECTION 23. Subsection (d), Section 46.03, Penal Code, is
amended to read as follows:
(d) It is a defense to prosecution under Subsection (a)(5)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas
[Board of Private Investigators and] Private Security Board
[Agencies] if:
(A) the actor is wearing a distinctive uniform;
and
(B) the firearm or club is in plain view; or
(4) [(5)] a security officer who holds a personal
protection authorization under Chapter 1702, Occupations Code,
provided that the officer is either:
(A) wearing the uniform of a security officer,
including any uniform or apparel described by Section 1702.323(d),
Occupations Code, and carrying the officer's firearm in plain view;
or
(B) not wearing the uniform of a security officer
and carrying the officer's firearm in a concealed manner [the
Private Investigators and Private Security Agencies Act (Article
4413(29bb), Vernon's Texas Civil Statutes)].
SECTION 24. Subsection (b), Section 46.15, Penal Code, as
amended by Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048 (H.B.
2101), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted and amended to read as follows:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence or motor vehicle, if the weapon is a type commonly used in
the activity;
(4) holds a security officer commission issued by the
Texas Private Security Board, if the person[:
[(A)] is engaged in the performance of the
person's duties as an officer commissioned under Chapter 1702,
Occupations Code, or is traveling to or from the person's place of
assignment[;] and
[(B)] is [either:
[(i)] wearing the officer's uniform and
carrying the officer's weapon in plain view; [or]
(5) acts [(ii) acting] as a personal protection
officer and carries [carrying] the person's security officer
commission and personal protection officer authorization, if the
person:
(A) is engaged in the performance of the person's
duties as a personal protection officer under Chapter 1702,
Occupations Code, or is traveling to or from the person's place of
assignment; and
(B) is either:
(i) wearing the uniform of a security
officer, including any uniform or apparel described by Section
1702.323(d), Occupations Code, and carrying the officer's weapon in
plain view; or
(ii) not wearing the uniform of a security
officer and carrying the officer's weapon in a concealed manner;
(6) [(5)] is carrying a concealed handgun and a valid
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category as the handgun the
person is carrying;
(7) [(6)] holds an alcoholic beverage permit or
license or is an employee of a holder of an alcoholic beverage
permit or license if the person is supervising the operation of the
permitted or licensed premises; or
(8) [(7)] is a student in a law enforcement class
engaging in an activity required as part of the class, if the weapon
is a type commonly used in the activity and the person is:
(A) on the immediate premises where the activity
is conducted; or
(B) en route between those premises and the
person's residence and is carrying the weapon unloaded.
SECTION 25. The change in law made by this Act to Section
1702.110, Subsection (a), Section 1702.221, and Subsection (a),
Section 1702.282, Occupations Code, applies to an application under
Chapter 1702, Occupations Code, submitted on or after the effective
date of this Act. An application submitted before the effective
date of this Act is governed by the law in effect on the date the
application was submitted, and the former law is continued in
effect for that purpose.
SECTION 26. To the extent of any conflict, this Act prevails
over another Act of the 81st Legislature, Regular Session, 2009,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 27. This Act takes effect September 1, 2009.