85R941 SRS-F
By: Villalba H.B. No. 659
A BILL TO BE ENTITLED
AN ACT
relating to the employment of a commissioned security officer by a
religious organization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.002, Occupations Code, is amended
by amending Subdivisions (11) and (20-a) and adding Subdivision
(20-b) to read as follows:
(11) "Letter of authority" means a permit issued by
the board that entitles the security department of a private
business, a religious organization, or a political subdivision to
employ a commissioned security officer.
(20-a) "Religious organization" means an organization
that meets the standards for qualification under Section 11.20, Tax
Code.
(20-b) "Security officer" means a person who performs
the activities described by Section 1702.222.
SECTION 2. Section 1702.181, Occupations Code, is amended
to read as follows:
Sec. 1702.181. LETTER OF AUTHORITY REQUIRED. The security
department of a private business, a religious organization, or a
political subdivision may not employ a commissioned security
officer unless the security department holds a letter of authority.
SECTION 3. Section 1702.182, Occupations Code, is amended
to read as follows:
Sec. 1702.182. SECURITY DEPARTMENT OF PRIVATE BUSINESS OR
RELIGIOUS ORGANIZATION. (a) A security department acts as the
security department of a private business or religious organization
if it:
(1) has as its general purpose the protection and
security of its own property and grounds; and
(2) does not offer or provide security services to
another person.
(b) For purposes of this subchapter, a hospital licensed
under Chapter 241 or 577, Health and Safety Code, may provide
security services to:
(1) buildings, grounds, and tenants located on the
hospital's property or campus, regardless of who owns the building;
and
(2) a parent entity or member entity of the hospital or
hospital corporation, or an affiliated entity or business with whom
the hospital shares common ownership or control.
(c) For purposes of this subchapter, a religious
organization may provide security services only to:
(1) a facility used by the organization primarily as a
place of regular religious worship;
(2) the tract of land on which a facility described by
Subdivision (1) is located;
(3) a tract of land contiguous with a tract described
by Subdivision (2) or divided from that tract only by a road,
railroad track, river, or stream; or
(4) a facility located on a tract described by
Subdivision (2) or (3).
SECTION 4. Section 1702.183, Occupations Code, is amended
to read as follows:
Sec. 1702.183. APPLICATION FOR LETTER OF AUTHORITY. A
security department of a private business, of a religious
organization, or of a political subdivision that applies for a
security officer commission for an individual employed by the
security department must submit an application to the board for a
letter of authority on a form provided by the board.
SECTION 5. Section 1702.184, Occupations Code, is amended
to read as follows:
Sec. 1702.184. LOCAL REGULATION OF CERTAIN SECURITY
SERVICES FOR PRIVATE BUSINESSES OR RELIGIOUS ORGANIZATIONS. (a)
Except as provided by Subsection (b), a political subdivision of
this state may not require a private business or religious
organization to contract with or employ a peace officer to provide
security services for the private business or religious
organization.
(b) This section does not apply to:
(1) a requirement that a private business or religious
organization contract with or employ a peace officer to:
(A) provide security services for a public event;
(B) provide security services for a private event
held at a public facility that is owned or leased by a political
subdivision of this state;
(C) conduct a public escort; or
(D) direct traffic on a public roadway; or
(2) an order or determination made by a court under
Chapter 125, Civil Practice and Remedies Code.
SECTION 6. This Act takes effect September 1, 2017.