By: Dale (Senate Sponsor - Huffman) H.B. No. 4030
(In the Senate - Received from the House May 4, 2015;
May 5, 2015, read first time and referred to Committee on Criminal
Justice; May 21, 2015, reported favorably by the following vote:
Yeas 7, Nays 0; May 21, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to applications for and certain information regarding an
applicant for registration or endorsement under the Private
Security Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.230, Occupations Code, is amended
by amending Subsection (a) and adding Subsections (d), (e), and (f)
to read as follows:
(a) An application for registration or endorsement must be
verified and include:
(1) the applicant's full name, residence address,
residence telephone number, date and place of birth, and social
security number;
(2) a statement that:
(A) lists each name used by the applicant, other
than the name by which the applicant is known at the time of
application, and an explanation stating each place where each name
was used, the date of each use, and a full explanation of the
reasons the name was used; or
(B) states that the applicant has never used a
name other than the name by which the applicant is known at the time
of application;
(3) the name and address of the applicant's employer
and, if applicable, the applicant's consulting firm;
(4) the date the employment commenced;
(5) a letter from the license holder requesting that
the applicant be registered or endorsed;
(6) the title of the position occupied by the
applicant and a description of the applicant's duties; [and]
(7) the required fees, including the criminal history
check fee established under Section 1702.282;
(8) fingerprints of the applicant provided in the
manner prescribed by the board; and
(9) any other information, evidence, statement, or
document required by the board.
(d) For purposes of Subsection (a), an application is not
considered to be verified until the board has received electronic
verification from the department or the Federal Bureau of
Investigation, as applicable, that the applicant has submitted the
applicant's fingerprints.
(e) The board shall make information available to the public
concerning whether an applicant for registration or endorsement has
met the requirements under this chapter for performing a service
for which the registration or endorsement is required.
(f) If information concerning an applicant is not made
available under Subsection (e) before the 48th hour after the time
the applicant's fingerprints are submitted in accordance with
Subsection (a), the applicant may begin performing the duties of
employment for which the registration or endorsement is required,
other than duties as a commissioned security officer, if the
employer or its agent:
(1) verifies through the department's publicly
accessible website that the applicant is:
(A) not disqualified for the registration or
endorsement based on the applicant's criminal history; and
(B) not required to register as a sex offender
under Chapter 62, Code of Criminal Procedure; and
(2) maintains in the applicant's employee file a copy
of the search results obtained under Subdivision (1).
SECTION 2. Section 1702.230(a), Occupations Code, as
amended by this Act, applies only to an application for
registration or endorsement that is submitted to the Texas Private
Security Board 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 3. This Act takes effect September 1, 2015.
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