| 1 | 1 | | 85R941 SRS-F |
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| 2 | 2 | | By: Villalba H.B. No. 659 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the employment of a commissioned security officer by a |
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| 8 | 8 | | religious organization. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1702.002, Occupations Code, is amended |
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| 11 | 11 | | by amending Subdivisions (11) and (20-a) and adding Subdivision |
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| 12 | 12 | | (20-b) to read as follows: |
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| 13 | 13 | | (11) "Letter of authority" means a permit issued by |
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| 14 | 14 | | the board that entitles the security department of a private |
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| 15 | 15 | | business, a religious organization, or a political subdivision to |
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| 16 | 16 | | employ a commissioned security officer. |
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| 17 | 17 | | (20-a) "Religious organization" means an organization |
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| 18 | 18 | | that meets the standards for qualification under Section 11.20, Tax |
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| 19 | 19 | | Code. |
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| 20 | 20 | | (20-b) "Security officer" means a person who performs |
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| 21 | 21 | | the activities described by Section 1702.222. |
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| 22 | 22 | | SECTION 2. Section 1702.181, Occupations Code, is amended |
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| 23 | 23 | | to read as follows: |
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| 24 | 24 | | Sec. 1702.181. LETTER OF AUTHORITY REQUIRED. The security |
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| 25 | 25 | | department of a private business, a religious organization, or a |
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| 26 | 26 | | political subdivision may not employ a commissioned security |
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| 27 | 27 | | officer unless the security department holds a letter of authority. |
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| 28 | 28 | | SECTION 3. Section 1702.182, Occupations Code, is amended |
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| 29 | 29 | | to read as follows: |
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| 30 | 30 | | Sec. 1702.182. SECURITY DEPARTMENT OF PRIVATE BUSINESS OR |
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| 31 | 31 | | RELIGIOUS ORGANIZATION. (a) A security department acts as the |
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| 32 | 32 | | security department of a private business or religious organization |
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| 33 | 33 | | if it: |
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| 34 | 34 | | (1) has as its general purpose the protection and |
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| 35 | 35 | | security of its own property and grounds; and |
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| 36 | 36 | | (2) does not offer or provide security services to |
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| 37 | 37 | | another person. |
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| 38 | 38 | | (b) For purposes of this subchapter, a hospital licensed |
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| 39 | 39 | | under Chapter 241 or 577, Health and Safety Code, may provide |
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| 40 | 40 | | security services to: |
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| 41 | 41 | | (1) buildings, grounds, and tenants located on the |
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| 42 | 42 | | hospital's property or campus, regardless of who owns the building; |
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| 43 | 43 | | and |
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| 44 | 44 | | (2) a parent entity or member entity of the hospital or |
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| 45 | 45 | | hospital corporation, or an affiliated entity or business with whom |
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| 46 | 46 | | the hospital shares common ownership or control. |
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| 47 | 47 | | (c) For purposes of this subchapter, a religious |
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| 48 | 48 | | organization may provide security services only to: |
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| 49 | 49 | | (1) a facility used by the organization primarily as a |
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| 50 | 50 | | place of regular religious worship; |
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| 51 | 51 | | (2) the tract of land on which a facility described by |
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| 52 | 52 | | Subdivision (1) is located; |
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| 53 | 53 | | (3) a tract of land contiguous with a tract described |
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| 54 | 54 | | by Subdivision (2) or divided from that tract only by a road, |
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| 55 | 55 | | railroad track, river, or stream; or |
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| 56 | 56 | | (4) a facility located on a tract described by |
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| 57 | 57 | | Subdivision (2) or (3). |
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| 58 | 58 | | SECTION 4. Section 1702.183, Occupations Code, is amended |
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| 59 | 59 | | to read as follows: |
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| 60 | 60 | | Sec. 1702.183. APPLICATION FOR LETTER OF AUTHORITY. A |
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| 61 | 61 | | security department of a private business, of a religious |
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| 62 | 62 | | organization, or of a political subdivision that applies for a |
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| 63 | 63 | | security officer commission for an individual employed by the |
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| 64 | 64 | | security department must submit an application to the board for a |
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| 65 | 65 | | letter of authority on a form provided by the board. |
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| 66 | 66 | | SECTION 5. Section 1702.184, Occupations Code, is amended |
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| 67 | 67 | | to read as follows: |
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| 68 | 68 | | Sec. 1702.184. LOCAL REGULATION OF CERTAIN SECURITY |
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| 69 | 69 | | SERVICES FOR PRIVATE BUSINESSES OR RELIGIOUS ORGANIZATIONS. (a) |
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| 70 | 70 | | Except as provided by Subsection (b), a political subdivision of |
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| 71 | 71 | | this state may not require a private business or religious |
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| 72 | 72 | | organization to contract with or employ a peace officer to provide |
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| 73 | 73 | | security services for the private business or religious |
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| 74 | 74 | | organization. |
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| 75 | 75 | | (b) This section does not apply to: |
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| 76 | 76 | | (1) a requirement that a private business or religious |
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| 77 | 77 | | organization contract with or employ a peace officer to: |
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| 78 | 78 | | (A) provide security services for a public event; |
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| 79 | 79 | | (B) provide security services for a private event |
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| 80 | 80 | | held at a public facility that is owned or leased by a political |
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| 81 | 81 | | subdivision of this state; |
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| 82 | 82 | | (C) conduct a public escort; or |
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| 83 | 83 | | (D) direct traffic on a public roadway; or |
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| 84 | 84 | | (2) an order or determination made by a court under |
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| 85 | 85 | | Chapter 125, Civil Practice and Remedies Code. |
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| 86 | 86 | | SECTION 6. This Act takes effect September 1, 2017. |
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