Texas 2019 - 86th Regular

Texas House Bill HB1530 Compare Versions

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1	1	86R2112 JCG-D
2	2	By: Paddie H.B. No. 1530
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Department of
8	8	Public Safety of the State of Texas, the conditional transfer of the
9	9	driver licensing program to the Texas Department of Motor Vehicles,
10	10	the abolition of the Texas Private Security Board, the transfer of
11	11	the motorcycle and off-highway vehicle operator training programs
12	12	to the Texas Department of Licensing and Regulation, and the
13	13	regulation of other programs administered by the Department of
14	14	Public Safety; imposing an administrative penalty; authorizing and
15	15	repealing the authorization for fees.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	ARTICLE 1. CONTINUATION OF DEPARTMENT OF PUBLIC SAFETY AND
18	18	MISCELLANEOUS ADMINISTRATIVE PROVISIONS
19	19	SECTION 1.001. Section 411.002(c), Government Code, is
20	20	amended to read as follows:
21	21	(c) The Department of Public Safety of the State of Texas is
22	22	subject to Chapter 325 (Texas Sunset Act). Unless continued in
23	23	existence as provided by that chapter, the department is abolished
24	24	and Subsections (a) and (b) expire September 1, 2031 [2019].
25	25	SECTION 1.002. Section 411.0031, Government Code, is
26	26	amended by amending Subsection (b) and adding Subsection (d) to
27	27	read as follows:
28	28	(b) The training program must provide the person with
29	29	information regarding:
30	30	(1) the law governing [legislation that created] the
31	31	department's operations [department and the commission];
32	32	(2) the programs, functions, rules, and budget of
33	33	[operated by] the department;
34	34	(3) the scope of and limitations on the rulemaking
35	35	authority of the commission [role and functions of the department];
36	36	(4) the results of the most recent formal audit
37	37	[rules] of the department[, with an emphasis on the rules that
38	38	relate to disciplinary and investigatory authority];
39	39	(5) [the current budget for the department;
40	40	[(6) the results of the most recent formal audit of the
41	41	department;
42	42	[(7)] the requirements of:
43	43	(A) laws relating to [the] open meetings, [law,
44	44	Chapter 551;
45	45	[(B) the] public information, [law, Chapter 552;
46	46	[(C) the] administrative procedure, [law,
47	47	Chapter 2001;] and disclosing conflicts of interest
48	48	[(D) other laws relating to public officials,
49	49	including conflict of interest laws]; and
50	50	(B) other laws applicable to members of the
51	51	commission in performing their duties; and
52	52	(6) [(8)] any applicable ethics policies adopted by
53	53	the department or the Texas Ethics Commission.
54	54	(d) The director shall create a training manual that
55	55	includes the information required by Subsection (b). The director
56	56	shall distribute a copy of the training manual annually to each
57	57	member of the commission. Each member of the commission shall sign
58	58	and submit to the director a statement acknowledging that the
59	59	member received and has reviewed the training manual.
60	60	SECTION 1.003. Article 59.11, Code of Criminal Procedure,
61	61	is repealed.
62	62	ARTICLE 2. BORDER SECURITY
63	63	SECTION 2.001. Subchapter D, Chapter 411, Government Code,
64	64	is amended by adding Section 411.055 to read as follows:
65	65	Sec. 411.055. ANNUAL REPORT ON BORDER CRIME AND OTHER
66	66	CRIMINAL ACTIVITY. (a) Not later than January 30 of each year, the
67	67	department shall submit to the legislature a report on border crime
68	68	and other criminal activity. The report must include:
69	69	(1) statistics for each month of the preceding year
70	70	and yearly totals of all border crime, as defined by Section
71	71	772.0071, and other criminal activity, including transnational
72	72	criminal activity, the department determines relates to border
73	73	security that occurred in each county included in a department
74	74	region that is adjacent to the Texas-Mexico border; and
75	75	(2) statewide crime statistics for the crimes reported
76	76	under Subdivision (1).
77	77	(b) In compiling the information for the report, the
78	78	department shall use information available in the National
79	79	Incident-Based Reporting System of the Uniform Crime Reporting
80	80	Program of the Federal Bureau of Investigation and the Texas
81	81	Incident-Based Reporting System of the department.
82	82	ARTICLE 3. METAL RECYCLING, VEHICLE INSPECTION, AND PROVISIONS
83	83	APPLYING TO MORE THAN ONE REGULATORY PROGRAM
84	84	SECTION 3.001. Section 411.0891, Government Code, is
85	85	amended by amending Subsection (a) and adding Subsection (d) to
86	86	read as follows:
87	87	(a) Subject to Section 411.087, the department is
88	88	authorized to obtain and use criminal history record information
89	89	maintained by the Federal Bureau of Investigation or the department
90	90	that relates to a person who:
91	91	(1) is an applicant for or holds a registration issued
92	92	by the director under Subchapter C, Chapter 481, Health and Safety
93	93	Code, that authorizes the person to manufacture, distribute,
94	94	analyze, or conduct research with a controlled substance;
95	95	(2) is an applicant for or holds a registration issued
96	96	by the department under Chapter 487, Health and Safety Code, to be a
97	97	director, manager, or employee of a dispensing organization, as
98	98	defined by Section 487.001 [a chemical precursor transfer permit
99	99	issued by the director under Section 481.078], Health and Safety
100	100	Code;
101	101	(3) is an applicant for or holds an authorization
102	102	issued by the department under Section 521.2476, Transportation
103	103	Code, to do business in this state as a vendor of ignition interlock
104	104	devices [a chemical laboratory apparatus transfer permit issued by
105	105	the director under Section 481.081, Health and Safety Code];
106	106	(4) is an applicant for or holds certification by the
107	107	department as an inspection station or an inspector under
108	108	Subchapter G, Chapter 548, Transportation Code, holds an inspection
109	109	station or inspector certificate issued under that subchapter, or
110	110	is the owner of an inspection station operating under that chapter;
111	111	or
112	112	(5) is an applicant for or holds a certificate of
113	113	registration issued by the department under Chapter 1956,
114	114	Occupations Code, to act as a metal recycling entity [approval or
115	115	has been approved as a program sponsor by the department under
116	116	Chapter 662, Transportation Code, is an applicant for certification
117	117	by the department as an instructor under that chapter, or holds an
118	118	instructor certificate issued under that chapter].
119	119	(d) The department may require any person for whom the
120	120	department is authorized to obtain and use criminal history record
121	121	information maintained by the Federal Bureau of Investigation or
122	122	the department under Subsection (a) to submit a complete and
123	123	legible set of fingerprints to the department on a form prescribed
124	124	by the department for the purpose of obtaining criminal history
125	125	record information.
126	126	SECTION 3.002. Chapter 411, Government Code, is amended by
127	127	adding Subchapters Q and R to read as follows:
128	128	SUBCHAPTER Q. POWERS AND DUTIES RELATED TO CERTAIN REGULATORY
129	129	PROGRAMS
130	130	Sec. 411.501. DEFINITION. In this subchapter, "license"
131	131	means a license, certificate, registration, permit, or other form
132	132	of authorization required by law or a state agency rule that must be
133	133	obtained by a person to engage in a particular activity, business,
134	134	occupation, or profession.
135	135	Sec. 411.502. APPLICABILITY. This subchapter applies to a
136	136	program, and persons regulated under the program, administered by
137	137	the department under the following laws, including rules adopted
138	138	under those laws:
139	139	(1) Section 411.0625;
140	140	(2) Chapter 487, Health and Safety Code;
141	141	(3) Chapter 1702, Occupations Code;
142	142	(4) Chapter 1956, Occupations Code;
143	143	(5) Section 521.2476, Transportation Code; and
144	144	(6) Subchapter G, Chapter 548, Transportation Code.
145	145	Sec. 411.503. FINAL ENFORCEMENT AUTHORITY. (a) Except as
146	146	provided by Section 411.506(b), the commission shall make the final
147	147	determination in an administrative action against a person for a
148	148	violation of a law or rule governing a program or person subject to
149	149	this subchapter.
150	150	(b) The commission may not delegate the duty under
151	151	Subsection (a).
152	152	Sec. 411.504. COMPLAINTS. (a) The department shall
153	153	maintain a system to promptly and efficiently act on complaints
154	154	filed with the department regarding a violation of a law or rule
155	155	governing a program or person subject to this subchapter. The
156	156	department shall maintain information about parties to the
157	157	complaint, the subject matter of the complaint, a summary of the
158	158	results of the review or investigation of the complaint, and its
159	159	disposition.
160	160	(b) The department shall make information available
161	161	describing its procedures for complaint investigation and
162	162	resolution.
163	163	(c) The department shall periodically notify the complaint
164	164	parties of the status of the complaint until final disposition.
165	165	(d) On written request, the department shall inform the
166	166	person filing the complaint and each person who is a subject of the
167	167	complaint of the status of the investigation unless the information
168	168	would jeopardize an ongoing investigation.
169	169	(e) The commission shall adopt rules to:
170	170	(1) implement this section; and
171	171	(2) establish a procedure for the investigation and
172	172	resolution of complaints, including a procedure for documenting
173	173	complaints to the department from the time of the submission of the
174	174	initial complaint to the final disposition of the complaint.
175	175	Sec. 411.505. INVESTIGATIONS. The department may conduct
176	176	investigations as necessary to enforce a law or rule governing a
177	177	program or person subject to this subchapter.
178	178	Sec. 411.506. INFORMAL COMPLAINT RESOLUTION AND INFORMAL
179	179	PROCEEDINGS. (a) The commission by rule shall establish
180	180	procedures for the informal resolution of complaints filed with the
181	181	department related to a violation of a law or rule governing a
182	182	program or person subject to this subchapter, including procedures
183	183	governing:
184	184	(1) informal disposition of a contested case under
185	185	Section 2001.056; and
186	186	(2) an informal proceeding held in compliance with
187	187	Section 2001.054.
188	188	(b) Any settlement agreement arising from the procedures
189	189	described by Subsection (a) must be approved by the director or the
190	190	director's designee.
191	191	Sec. 411.507. LICENSE DENIAL; ADMINISTRATIVE SANCTION. (a)
192	192	This section applies to a person required to obtain a license under
193	193	a program subject to this subchapter.
194	194	(b) The commission may deny an application for, revoke,
195	195	suspend, or refuse to renew a license or may reprimand a license
196	196	holder for a violation of a law or rule governing a program subject
197	197	to this subchapter.
198	198	(c) The commission may place on probation a person whose
199	199	license is suspended. If a license suspension is probated, the
200	200	commission may require the person to:
201	201	(1) report regularly to the department on matters that
202	202	are the basis of the probation;
203	203	(2) limit practice to the areas prescribed by the
204	204	department; or
205	205	(3) continue or renew education until the person
206	206	attains a degree of competency satisfactory to the commission in
207	207	those areas that are the basis for the probation.
208	208	(d) The commission shall develop a penalty schedule for each
209	209	program subject to this subchapter consisting of administrative
210	210	sanctions authorized under Subsections (b) and (c) based on the
211	211	severity and frequency of a violation of a law or rule related to
212	212	the program.
213	213	Sec. 411.508. RIGHT TO NOTICE AND HEARING; ADMINISTRATIVE
214	214	PROCEDURE. (a) For each program subject to this subchapter, a
215	215	person is entitled to notice and a hearing if the commission
216	216	proposes to:
217	217	(1) deny an application for, revoke, suspend, or
218	218	refuse to renew a license;
219	219	(2) reprimand a license holder; or
220	220	(3) place a license holder on probation.
221	221	(b) A proceeding to impose an administrative sanction as
222	222	described by Subsection (a) is a contested case under Chapter 2001.
223	223	(c) Unless otherwise provided by law, judicial review of an
224	224	administrative sanction or penalty imposed by the commission is
225	225	under the substantial evidence rule as provided by Subchapter G,
226	226	Chapter 2001.
227	227	Sec. 411.509. CEASE AND DESIST ORDER. The department may
228	228	issue a cease and desist order if the department determines that the
229	229	action is necessary to prevent a violation of a law or rule
230	230	governing a program or person subject to this subchapter.
231	231	Sec. 411.510. INJUNCTIVE RELIEF. (a) On request of the
232	232	department, the attorney general shall institute an action for
233	233	injunctive relief to restrain a person in violation of or
234	234	threatening to violate a law or rule governing a program or person
235	235	subject to this subchapter.
236	236	(b) An action filed under this section shall be filed in a
237	237	district court in:
238	238	(1) Travis County; or
239	239	(2) the county in which the violation allegedly
240	240	occurred or is threatened to occur.
241	241	(c) The attorney general may recover reasonable expenses
242	242	incurred in obtaining injunctive relief under this section,
243	243	including court costs, attorney's fees, investigative costs,
244	244	witness fees, and deposition expenses.
245	245	Sec. 411.511. STAGGERED RENEWAL; PRORATION OF LICENSE FEE.
246	246	(a) The commission by rule may adopt a system under which licenses
247	247	expire on various dates during the year.
248	248	(b) A license issued under a program governed by this
249	249	subchapter may not expire later than the second anniversary of the
250	250	date the license is issued.
251	251	(c) For the year in which the expiration date of a license is
252	252	changed, the department shall prorate license fees on a monthly
253	253	basis so that each license holder pays only that portion of the
254	254	license fee that is allocable to the number of months during which
255	255	the license is valid. On renewal of the license on the new
256	256	expiration date, the total license renewal fee is payable.
257	257	Sec. 411.512. ANNUAL REGULATORY REPORT. (a) The
258	258	department shall annually make available on the department's
259	259	Internet website a report of regulatory statistics for the
260	260	preceding state fiscal year for each program subject to this
261	261	subchapter and aggregate information on all the programs.
262	262	(b) The report must include, as applicable, information
263	263	regarding:
264	264	(1) the number of licenses issued under the program;
265	265	(2) the number and types of complaints received and
266	266	resolved by the department;
267	267	(3) the number of investigations conducted by the
268	268	department; and
269	269	(4) the number and types of disciplinary actions taken
270	270	by the department.
271	271	SUBCHAPTER R. ADMINISTRATIVE PENALTY
272	272	Sec. 411.521. DEFINITION. In this subchapter, "license"
273	273	has the meaning assigned by Section 411.501.
274	274	Sec. 411.522. APPLICABILITY. This subchapter applies to a
275	275	program, and persons regulated under the program, to which Section
276	276	411.502 applies.
277	277	Sec. 411.523. IMPOSITION OF PENALTY. The commission may
278	278	impose an administrative penalty against a person who violates:
279	279	(1) a law establishing a program subject to this
280	280	subchapter; or
281	281	(2) a rule adopted or order issued by the commission
282	282	under a law described by Subdivision (1).
283	283	Sec. 411.524. AMOUNT OF PENALTY. (a) If the relevant law
284	284	establishing a program subject to this subchapter does not state
285	285	the maximum amount of an administrative penalty under that law, the
286	286	amount of the penalty shall be assessed by the commission in an
287	287	amount not to exceed $5,000 per day for each violation. Each day a
288	288	violation continues or occurs is a separate violation for purposes
289	289	of imposing a penalty.
290	290	(b) The amount of the penalty shall be based on:
291	291	(1) the seriousness of the violation;
292	292	(2) the respondent's history of previous violations;
293	293	(3) the amount necessary to deter a future violation;
294	294	(4) efforts made by the respondent to correct the
295	295	violation; and
296	296	(5) any other matter that justice may require.
297	297	(c) The commission shall establish a written enforcement
298	298	plan that provides notice to license holders of the specific ranges
299	299	of penalties that apply to specific alleged violations and the
300	300	criteria by which the department determines the amount of a
301	301	proposed administrative penalty.
302	302	Sec. 411.525. IMPOSITION OF SANCTION. A proceeding under
303	303	this subchapter imposing an administrative penalty may be combined
304	304	with a proceeding to impose an administrative sanction. If a
305	305	sanction is imposed in a proceeding under this subchapter, the
306	306	requirements of this subchapter apply to the imposition of the
307	307	sanction.
308	308	Sec. 411.526. NOTICE OF VIOLATION AND PENALTY. If, after
309	309	investigation of a possible violation and the facts surrounding the
310	310	possible violation, the department determines that a violation
311	311	occurred, the department shall issue to the respondent a notice of
312	312	alleged violation stating:
313	313	(1) a brief summary of the alleged violation;
314	314	(2) the amount of the recommended administrative
315	315	penalty; and
316	316	(3) that the respondent has the right to a hearing to
317	317	contest the alleged violation, the amount of the penalty, or both.
318	318	Sec. 411.527. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
319	319	Not later than the 20th day after the date the respondent receives
320	320	the notice, the respondent may:
321	321	(1) accept the department's determination and
322	322	recommended administrative penalty; or
323	323	(2) make a written request for a hearing on that
324	324	determination.
325	325	(b) If the respondent accepts the department's
326	326	determination, the commission by order may approve the
327	327	determination and require the person to pay the recommended
328	328	penalty.
329	329	Sec. 411.528. HEARING ON RECOMMENDATIONS. (a) If the
330	330	respondent requests a hearing, the hearing shall be conducted by
331	331	the department or the State Office of Administrative Hearings.
332	332	(b) The State Office of Administrative Hearings shall
333	333	consider the department's applicable substantive rules and
334	334	policies when conducting a hearing under this subchapter.
335	335	(c) A department hearing officer or an administrative law
336	336	judge at the State Office of Administrative Hearings, as
337	337	applicable, shall:
338	338	(1) make findings of fact and conclusions of law; and
339	339	(2) promptly issue to the commission a proposal for
340	340	decision as to the occurrence of the violation and the amount of any
341	341	proposed administrative penalty.
342	342	Sec. 411.529. DECISION BY COMMISSION. (a) Based on the
343	343	findings of fact, conclusions of law, and proposal for decision,
344	344	the commission by order may determine that:
345	345	(1) a violation occurred and impose an administrative
346	346	penalty; or
347	347	(2) a violation did not occur.
348	348	(b) The department shall give notice of the order to the
349	349	respondent.
350	350	(c) The order under this section must include:
351	351	(1) separate statements of the findings of fact and
352	352	conclusions of law;
353	353	(2) the amount of any penalty imposed;
354	354	(3) a statement of the right of the respondent to
355	355	judicial review of the order; and
356	356	(4) any other information required by law.
357	357	Sec. 411.530. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
358	358	(a) Not later than the 30th day after the date the commission's
359	359	order becomes final, the respondent shall:
360	360	(1) pay the penalty; or
361	361	(2) file a petition for judicial review contesting the
362	362	order and:
363	363	(A) forward the penalty to the department for
364	364	deposit in an escrow account; or
365	365	(B) give the department a supersedeas bond in a
366	366	form approved by the department that:
367	367	(i) is for the amount of the penalty; and
368	368	(ii) is effective until judicial review of
369	369	the decision is final.
370	370	(b) A respondent who is financially unable to comply with
371	371	Subsection (a)(2) is entitled to judicial review if the respondent
372	372	files with the court, as part of the respondent's petition for
373	373	judicial review, a sworn statement that the respondent is unable to
374	374	meet the requirements of Subsection (a)(2).
375	375	Sec. 411.531. COLLECTION OF PENALTY. If the person on whom
376	376	the administrative penalty is imposed violates Section 411.530(a),
377	377	the department or the attorney general may bring an action to
378	378	collect the penalty.
379	379	Sec. 411.532. REMITTANCE OF PENALTY AND INTEREST. (a) If,
380	380	after judicial review, the administrative penalty is reduced or not
381	381	imposed, the department shall:
382	382	(1) remit to the person the appropriate amount, plus
383	383	accrued interest, if the person paid the amount of the penalty; or
384	384	(2) execute a release of the bond, if the person posted
385	385	a supersedeas bond.
386	386	(b) The interest paid under Subsection (a)(1) is accrued at
387	387	the rate charged on loans to depository institutions by the New York
388	388	Federal Reserve Bank. The interest shall be paid for the period
389	389	beginning on the date the penalty is paid to the department and
390	390	ending on the date the penalty is remitted.
391	391	Sec. 411.533. ADMINISTRATIVE PROCEDURE. (a) The
392	392	commission by rule shall prescribe procedures for the determination
393	393	and appeal of a decision to impose an administrative penalty.
394	394	(b) A proceeding under this subchapter to impose an
395	395	administrative penalty is a contested case under Chapter 2001.
396	396	SECTION 3.003. Section 1956.151, Occupations Code, is
397	397	amended to read as follows:
398	398	Sec. 1956.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
399	399	The commission [department] shall deny an application for a
400	400	certificate of registration, suspend or revoke a certificate of
401	401	registration, or reprimand a person who is registered under this
402	402	chapter if the person:
403	403	(1) obtains a certificate of registration by means of
404	404	fraud, misrepresentation, or concealment of a material fact;
405	405	(2) sells, barters, or offers to sell or barter a
406	406	certificate of registration;
407	407	(3) violates a provision of this chapter or a rule
408	408	adopted under this chapter; or
409	409	(4) violates Section 1956.021.
410	410	SECTION 3.004. Sections 548.405(a), (c), and (g),
411	411	Transportation Code, are amended to read as follows:
412	412	(a) The commission [department] may deny a person's
413	413	application for a certificate, revoke or suspend the certificate of
414	414	a person, inspection station, or inspector, place on probation a
415	415	person who holds a suspended certificate, or reprimand a person who
416	416	holds a certificate if:
417	417	(1) the station or inspector conducts an inspection,
418	418	fails to conduct an inspection, or issues a certificate:
419	419	(A) in violation of this chapter or a rule
420	420	adopted under this chapter; or
421	421	(B) without complying with the requirements of
422	422	this chapter or a rule adopted under this chapter;
423	423	(2) the person, station, or inspector commits an
424	424	offense under this chapter or violates this chapter or a rule
425	425	adopted under this chapter;
426	426	(3) the applicant or certificate holder does not meet
427	427	the standards for certification under this chapter or a rule
428	428	adopted under this chapter;
429	429	(4) the station or inspector does not maintain the
430	430	qualifications for certification or does not comply with a
431	431	certification requirement under this subchapter [Subchapter G];
432	432	(5) the certificate holder or the certificate holder's
433	433	agent, employee, or representative commits an act or omission that
434	434	would cause denial, revocation, or suspension of a certificate to
435	435	an individual applicant or certificate holder; or
436	436	(6) the station or inspector does not pay a fee
437	437	required by Subchapter H[; or
438	438	[(7) the inspector or owner of an inspection station
439	439	is convicted of a:
440	440	[(A) felony or Class A or Class B misdemeanor;
441	441	[(B) similar crime under the jurisdiction of
442	442	another state or the federal government that is punishable to the
443	443	same extent as a felony or a Class A or Class B misdemeanor in this
444	444	state; or
445	445	[(C) crime under the jurisdiction of another
446	446	state or the federal government that would be a felony or a Class A
447	447	or Class B misdemeanor if the crime were committed in this state].
448	448	(c) If the commission [department] suspends a certificate
449	449	because of a violation of Subchapter F, the suspension must be for a
450	450	period of not less than six months. [The suspension may not be
451	451	probated or deferred.]
452	452	(g) The commission [department] may not suspend, revoke, or
453	453	deny all certificates of a person who holds more than one inspection
454	454	station certificate based on a suspension, revocation, or denial of
455	455	one of that person's inspection station certificates without proof
456	456	of culpability related to a prior action under this subsection.
457	457	SECTION 3.005. Subchapter G, Chapter 548, Transportation
458	458	Code, is amended by adding Section 548.4055 to read as follows:
459	459	Sec. 548.4055. RULES REGARDING CRIMINAL CONVICTIONS. The
460	460	commission shall adopt rules necessary to comply with Chapter 53,
461	461	Occupations Code, with respect to the certification of persons
462	462	under this subchapter. The commission's rules must list the
463	463	specific offenses for each category of persons regulated under this
464	464	subchapter for which a conviction would constitute grounds for the
465	465	commission to take action under Section 53.021, Occupations Code.
466	466	SECTION 3.006. Sections 548.407(d) and (e), Transportation
467	467	Code, are amended to read as follows:
468	468	(d) The commission [department] may provide that a
469	469	revocation or suspension takes effect on receipt of notice under
470	470	Subsection (b) if the commission [department] finds that the action
471	471	is necessary to prevent or remedy a threat to public health, safety,
472	472	or welfare. Violations that present a threat to public health,
473	473	safety, or welfare include:
474	474	(1) issuing a passing vehicle inspection report or
475	475	submitting inspection information to the department's database
476	476	with knowledge that the issuance or submission is in violation of
477	477	this chapter or rules adopted under this chapter;
478	478	(2) falsely or fraudulently representing to the owner
479	479	or operator of a vehicle that equipment inspected or required to be
480	480	inspected must be repaired, adjusted, or replaced for the vehicle
481	481	to pass an inspection;
482	482	(3) issuing a vehicle inspection report or submitting
483	483	inspection information to the department's database:
484	484	(A) without authorization to issue the report or
485	485	submit the information; or
486	486	(B) without inspecting the vehicle;
487	487	(4) issuing a passing vehicle inspection report or
488	488	submitting inspection information to the department's database for
489	489	a vehicle with knowledge that the vehicle has not been repaired,
490	490	adjusted, or corrected after an inspection has shown a repair,
491	491	adjustment, or correction to be necessary;
492	492	(5) knowingly issuing a passing vehicle inspection
493	493	report or submitting inspection information to the department's
494	494	database:
495	495	(A) for a vehicle without conducting an
496	496	inspection of each item required to be inspected; or
497	497	(B) for a vehicle that is missing an item
498	498	required to be inspected or that has an item required to be
499	499	inspected that is not in compliance with state law or department
500	500	rules;
501	501	(6) refusing to allow a vehicle's owner to have a
502	502	qualified person of the owner's choice make a required repair,
503	503	adjustment, or correction;
504	504	(7) charging for an inspection an amount greater than
505	505	the authorized fee;
506	506	(8) a violation of Subchapter F;
507	507	(9) a violation of Section 548.603; or
508	508	(10) a conviction of a felony or a Class A or B
509	509	misdemeanor that directly relates to or affects the duties or
510	510	responsibilities of a vehicle inspection station or inspector or a
511	511	conviction of a similar crime under the jurisdiction of another
512	512	state or the federal government.
513	513	(e) The commission may adopt rules to implement this
514	514	section. [For purposes of Subsection (d)(10), a person is convicted
515	515	of an offense if a court enters against the person an adjudication
516	516	of the person's guilt, including an order of probation or deferred
517	517	adjudication.]
518	518	SECTION 3.007. Subchapter G, Chapter 548, Transportation
519	519	Code, is amended by adding Section 548.410 to read as follows:
520	520	Sec. 548.410. EXPIRATION OF CERTIFICATE. A certificate
521	521	issued to an inspector or an inspection station under this
522	522	subchapter expires as determined by the department under Section
523	523	411.511, Government Code, but not later than the second anniversary
524	524	of the date the certificate is issued.
525	525	SECTION 3.008. Section 548.506, Transportation Code, is
526	526	amended to read as follows:
527	527	Sec. 548.506. FEE FOR CERTIFICATION AS INSPECTOR AND
528	528	INSPECTION STATION. The commission by rule shall establish
529	529	reasonable and necessary fees for certification as an inspector or
530	530	inspection station. [An applicant for certification as an
531	531	inspector must submit with the applicant's first application a fee
532	532	of $25 for certification until August 31 of the even-numbered year
533	533	following the date of certification. To be certified after August
534	534	31 of that year, the applicant must pay $25 as a certificate fee for
535	535	each subsequent two-year period.]
536	536	SECTION 3.009. The following provisions are repealed:
537	537	(1) Sections 1956.014(b) and (c), Occupations Code;
538	538	(2) Sections 1956.041(b-2), (c), (d), (e), and (f),
539	539	Occupations Code;
540	540	(3) Section 1956.152, Occupations Code;
541	541	(4) Sections 548.405(b), (h), and (i), Transportation
542	542	Code;
543	543	(5) Section 548.406, Transportation Code;
544	544	(6) Sections 548.407(f), (g), (h), (i), (j), (k), and
545	545	(l), Transportation Code;
546	546	(7) Section 548.409, Transportation Code; and
547	547	(8) Section 548.507, Transportation Code.
548	548	SECTION 3.010. As soon as practicable after the effective
549	549	date of this Act, the Public Safety Commission shall adopt rules
550	550	necessary to implement the changes in law made by this Act to
551	551	Chapter 411, Government Code, Chapter 1956, Occupations Code, and
552	552	Chapter 548, Transportation Code.
553	553	SECTION 3.011. Section 411.0891, Government Code, and
554	554	Sections 548.405 and 548.407, Transportation Code, as amended by
555	555	this Act, apply only to an application for the issuance or renewal
556	556	of a license submitted on or after the effective date of this Act.
557	557	An application for the issuance or renewal of a license submitted
558	558	before that date is governed by the law in effect on the date the
559	559	application was submitted, and the former law is continued in
560	560	effect for that purpose.
561	561	SECTION 3.012. Section 548.405(c), Transportation Code, as
562	562	amended by this Act, applies only to a person placed on probation on
563	563	or after the effective date of this Act. A person placed on
564	564	probation before the effective date of this Act is governed by the
565	565	law in effect on the date the person was placed on probation, and
566	566	the former law is continued in effect for that purpose.
567	567	SECTION 3.013. Section 1956.041, Occupations Code, and
568	568	Sections 548.405 and 548.407, Transportation Code, as amended by
569	569	this Act, apply only to a proceeding initiated on or after the
570	570	effective date of this Act. A proceeding initiated before the
571	571	effective date of this Act is governed by the law in effect on the
572	572	date the proceeding was initiated, and the former law is continued
573	573	in effect for that purpose.
574	574	ARTICLE 4. CERTAIN PROGRAMS REGULATING CONTROLLED SUBSTANCES,
575	575	PRECURSOR CHEMICALS, AND LABORATORY APPARATUSES
576	576	SECTION 4.001. Sections 481.077(c), (i), and (k), Health
577	577	and Safety Code, are amended to read as follows:
578	578	(c) This section does [and Section 481.078 do] not apply to
579	579	a person to whom a registration has been issued by the Federal Drug
580	580	Enforcement Agency or who is exempt from such registration.
581	581	(i) A manufacturer, wholesaler, retailer, or other person
582	582	who [receives from a source outside this state a chemical precursor
583	583	subject to Subsection (a) or who] discovers a loss or theft of a
584	584	chemical precursor subject to Subsection (a) shall:
585	585	(1) submit a report of the transaction to the director
586	586	in accordance with department rule; and
587	587	(2) include in the report:
588	588	(A) any difference between the amount of the
589	589	chemical precursor actually received and the amount of the chemical
590	590	precursor shipped according to the shipping statement or invoice;
591	591	or
592	592	(B) the amount of the loss or theft.
593	593	(k) A [Unless the person is the holder of only a permit
594	594	issued under Section 481.078(b)(1), a] manufacturer, wholesaler,
595	595	retailer, or other person who sells, transfers, or otherwise
596	596	furnishes any chemical precursor subject to Subsection (a), or a
597	597	[permit holder,] commercial purchaser[,] or other person who
598	598	receives a chemical precursor subject to Subsection (a):
599	599	(1) shall maintain records and inventories in
600	600	accordance with rules established by the director;
601	601	(2) shall allow a member of the department or a peace
602	602	officer to conduct audits and inspect records of purchases and
603	603	sales and all other records made in accordance with this section at
604	604	any reasonable time; and
605	605	(3) may not interfere with the audit or with the full
606	606	and complete inspection or copying of those records.
607	607	SECTION 4.002. The heading to Section 481.080, Health and
608	608	Safety Code, is amended to read as follows:
609	609	Sec. 481.080. CHEMICAL LABORATORY APPARATUS RECORD-KEEPING
610	610	REQUIREMENTS [AND PENALTIES].
611	611	SECTION 4.003. Sections 481.080(d), (j), and (l), Health
612	612	and Safety Code, are amended to read as follows:
613	613	(d) This section does [and Section 481.081 do] not apply to
614	614	a person to whom a registration has been issued by the Federal Drug
615	615	Enforcement Agency or who is exempt from such registration.
616	616	(j) A manufacturer, wholesaler, retailer, or other person
617	617	who [receives from a source outside this state a chemical
618	618	laboratory apparatus subject to Subsection (a) or who] discovers a
619	619	loss or theft of such an apparatus shall:
620	620	(1) submit a report of the transaction to the director
621	621	in accordance with department rule; and
622	622	(2) include in the report:
623	623	(A) any difference between the number of the
624	624	apparatus actually received and the number of the apparatus shipped
625	625	according to the shipping statement or invoice; or
626	626	(B) the number of the loss or theft.
627	627	(l) This subsection applies to a manufacturer, wholesaler,
628	628	retailer, or other person who sells, transfers, or otherwise
629	629	furnishes any chemical laboratory apparatus subject to Subsection
630	630	(a) and to a [permit holder,] commercial purchaser[,] or other
631	631	person who receives such an apparatus [unless the person is the
632	632	holder of only a permit issued under Section 481.081(b)(1)]. A
633	633	person covered by this subsection:
634	634	(1) shall maintain records and inventories in
635	635	accordance with rules established by the director;
636	636	(2) shall allow a member of the department or a peace
637	637	officer to conduct audits and inspect records of purchases and
638	638	sales and all other records made in accordance with this section at
639	639	any reasonable time; and
640	640	(3) may not interfere with the audit or with the full
641	641	and complete inspection or copying of those records.
642	642	SECTION 4.004. Section 481.111(a), Health and Safety Code,
643	643	is amended to read as follows:
644	644	(a) The provisions of this chapter relating to the
645	645	possession and distribution of peyote do not apply to the use of
646	646	peyote by a member of the Native American Church in bona fide
647	647	religious ceremonies of the church or to [. However,] a person who
648	648	supplies the substance to the church [must register and maintain
649	649	appropriate records of receipts and disbursements in accordance
650	650	with rules adopted by the director]. An exemption granted to a
651	651	member of the Native American Church under this section does not
652	652	apply to a member with less than 25 percent Indian blood.
653	653	SECTION 4.005. Section 481.136(a), Health and Safety Code,
654	654	is amended to read as follows:
655	655	(a) A person commits an offense if the person sells,
656	656	transfers, furnishes, or receives a chemical precursor subject to
657	657	Section 481.077(a) and the person:
658	658	(1) [does not hold a chemical precursor transfer
659	659	permit as required by Section 481.078 at the time of the
660	660	transaction;
661	661	[(2)] does not comply with Section 481.077 or
662	662	481.0771;
663	663	(2) [(3)] knowingly makes a false statement in a
664	664	report or record required by Section 481.077 or [,] 481.0771[, or
665	665	481.078]; or
666	666	(3) [(4)] knowingly violates a rule adopted under
667	667	Section 481.077 or [,] 481.0771[, or 481.078].
668	668	SECTION 4.006. Section 481.138(a), Health and Safety Code,
669	669	is amended to read as follows:
670	670	(a) A person commits an offense if the person sells,
671	671	transfers, furnishes, or receives a chemical laboratory apparatus
672	672	subject to Section 481.080(a) and the person:
673	673	(1) [does not have a chemical laboratory apparatus
674	674	transfer permit as required by Section 481.081 at the time of the
675	675	transaction;
676	676	[(2)] does not comply with Section 481.080;
677	677	(2) [(3)] knowingly makes a false statement in a
678	678	report or record required by Section 481.080 [or 481.081]; or
679	679	(3) [(4)] knowingly violates a rule adopted under
680	680	Section 481.080 [or 481.081].
681	681	SECTION 4.007. Section 481.301, Health and Safety Code, is
682	682	amended to read as follows:
683	683	Sec. 481.301. IMPOSITION OF PENALTY. The department may
684	684	impose an administrative penalty on a person who violates Section
685	685	481.067, 481.077, 481.0771, or [481.078,] 481.080[, or 481.081] or
686	686	a rule or order adopted under any of those sections.
687	687	SECTION 4.008. Section 487.053(b), Health and Safety Code,
688	688	is amended to read as follows:
689	689	(b) Subject to Section 411.503, Government Code, the [The]
690	690	department shall enforce compliance of licensees and registrants
691	691	and shall adopt procedures for suspending or revoking a license or
692	692	registration issued under this chapter and for renewing a license
693	693	or registration issued under this chapter.
694	694	SECTION 4.009. Sections 487.104(b) and (c), Health and
695	695	Safety Code, are amended to read as follows:
696	696	(b) If the department denies the issuance or renewal of a
697	697	license under Subsection (a), the applicant is entitled to a
698	698	hearing. Chapter 2001, Government Code, applies to a proceeding
699	699	under this section. [The department shall give written notice of
700	700	the grounds for denial to the applicant at least 30 days before the
701	701	date of the hearing.]
702	702	(c) A license issued or renewed under this section expires
703	703	as determined by the department in accordance with Section 411.511,
704	704	Government Code [on the second anniversary of the date of issuance
705	705	or renewal, as applicable].
706	706	SECTION 4.010. Section 487.105(c), Health and Safety Code,
707	707	is amended to read as follows:
708	708	(c) The department shall conduct a criminal history
709	709	background check on each individual whose name is provided to the
710	710	department under Subsection (a) or (b). The director by rule shall:
711	711	(1) require each individual whose name is provided to
712	712	the department under Subsection (a) or (b) [determine the manner by
713	713	which an individual is required] to submit a complete set of
714	714	fingerprints to the department on a form prescribed by the
715	715	department for purposes of a criminal history background check
716	716	under this section; and
717	717	(2) establish criteria for determining whether an
718	718	individual passes the criminal history background check for the
719	719	purposes of this section.
720	720	SECTION 4.011. The following provisions of the Health and
721	721	Safety Code are repealed:
722	722	(1) Sections 481.077(e), (f), (g), and (h);
723	723	(2) Section 481.078;
724	724	(3) Sections 481.080(f), (g), (h), and (i); and
725	725	(4) Section 481.081.
726	726	SECTION 4.012. As soon as practicable after the effective
727	727	date of this Act, the public safety director of the Department of
728	728	Public Safety shall adopt rules to implement the changes made by
729	729	Section 487.105(c), Health and Safety Code, as amended by this Act.
730	730	SECTION 4.013. The changes in law made by this Act to
731	731	Chapter 481, Health and Safety Code, apply only to an offense or
732	732	violation committed on or after the effective date of this Act. An
733	733	offense or violation committed before the effective date of this
734	734	Act is governed by the law in effect on the date the offense or
735	735	violation was committed, and the former law is continued in effect
736	736	for that purpose. For purposes of this section, an offense or
737	737	violation was committed before the effective date of this Act if any
738	738	element of the offense or violation occurred before that date.
739	739	SECTION 4.014. On the effective date of this Act, a permit
740	740	issued under former Section 481.078 or 481.081, Health and Safety
741	741	Code, expires.
742	742	ARTICLE 5. PRIVATE SECURITY
743	743	SECTION 5.001. Section 1702.002, Occupations Code, is
744	744	amended by amending Subdivisions (2), (5), (5-a), (17), and (21)
745	745	and adding Subdivisions (4), (5-b), (5-c), and (8-a) to read as
746	746	follows:
747	747	(2) "Branch office" means an office that is:
748	748	(A) identified to the public as a place from
749	749	which business is conducted, solicited, or advertised; and
750	750	(B) at a place other than the principal place of
751	751	business as shown in department [board] records.
752	752	(4) "Commission" means the Public Safety Commission.
753	753	(5) "Commissioned security officer" means a security
754	754	officer to whom a security officer commission has been issued by the
755	755	department [board].
756	756	(5-a) "Committee" means the Texas Private Security
757	757	Advisory Committee established under this chapter.
758	758	(5-b) "Company license" means a license issued by the
759	759	department that entitles a person to operate as a security services
760	760	contractor or investigations company.
761	761	(5-c) "Department" means the Department of Public
762	762	Safety of the State of Texas.
763	763	(8-a) "Individual license" means a license issued by
764	764	the department that entitles an individual to perform a service
765	765	regulated by this chapter for a company license holder, including a
766	766	personal protection officer license.
767	767	(17) "Personal protection officer license
768	768	[endorsement]" means a license [permit] issued by the department
769	769	[board] that entitles an individual to act as a personal protection
770	770	officer.
771	771	(21) "Security officer commission" means an
772	772	authorization issued by the department [board] that entitles a
773	773	security officer to carry a firearm.
774	774	SECTION 5.002. Section 1702.004, Occupations Code, is
775	775	amended to read as follows:
776	776	Sec. 1702.004. GENERAL SCOPE OF REGULATION. (a) The
777	777	department [board, in addition to performing duties required by
778	778	other law or exercising powers granted by other law]:
779	779	(1) licenses investigations companies and security
780	780	services contractors;
781	781	(2) issues commissions to certain security officers;
782	782	(3) licenses [issues endorsements to] certain
783	783	security officers engaged in the personal protection of
784	784	individuals;
785	785	(4) licenses [registers and endorses]:
786	786	(A) certain individuals connected with a company
787	787	license holder; and
788	788	(B) certain individuals employed in a field
789	789	connected to private investigation or private security; and
790	790	(5) regulates company license holders, security
791	791	officers, [registrants,] and individual license [endorsement]
792	792	holders under this chapter.
793	793	(b) The commission [board] shall adopt rules necessary to
794	794	comply with Chapter 53. In its rules under this section, the
795	795	commission [board] shall list the specific offenses for each
796	796	category of regulated persons for which a conviction would
797	797	constitute grounds for the department [board] to take action under
798	798	Section 53.021.
799	799	SECTION 5.003. Section 1702.005, Occupations Code, is
800	800	amended to read as follows:
801	801	Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY; REFERENCES.
802	802	(a) [The board created under Section 1702.021 is a part of the
803	803	department.] The department shall administer this chapter [through
804	804	the board].
805	805	(b) A reference in this chapter or another law to the Texas
806	806	Commission on Private Security or the Texas Private Security Board
807	807	means the department [board].
808	808	SECTION 5.004. The heading to Subchapter B, Chapter 1702,
809	809	Occupations Code, is amended to read as follows:
810	810	SUBCHAPTER B. TEXAS PRIVATE SECURITY ADVISORY COMMITTEE [BOARD]
811	811	SECTION 5.005. Section 1702.021, Occupations Code, is
812	812	amended to read as follows:
813	813	Sec. 1702.021. COMMITTEE [BOARD] MEMBERSHIP; APPLICABILITY
814	814	OF OTHER LAW. (a) The Texas Private Security Advisory Committee
815	815	[Board] consists of seven members appointed by the commission
816	816	[governor with the advice and consent of the senate] as follows:
817	817	(1) three public members, each of whom is a citizen of
818	818	the United States;
819	819	(2) one member who is licensed under this chapter as a
820	820	private investigator;
821	821	(3) one member who is licensed under this chapter as an
822	822	alarm systems company;
823	823	(4) one member who is licensed under this chapter as
824	824	the owner or operator of a guard company; and
825	825	(5) one member who is licensed under this chapter as a
826	826	locksmith.
827	827	(b) Appointments to the committee [board] shall be made
828	828	without regard to the race, color, disability, sex, religion, age,
829	829	or national origin of the appointee.
830	830	(c) Chapter 2110, Government Code, does not apply to the
831	831	size, composition, or duration of the advisory committee or to the
832	832	appointment of the committee's presiding officer.
833	833	SECTION 5.006. Section 1702.023, Occupations Code, is
834	834	amended to read as follows:
835	835	Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The
836	836	committee's [board's] public members must be representatives of the
837	837	general public. A person may not be a public member of the
838	838	committee [board] if the person or the person's spouse:
839	839	(1) is registered, commissioned, certified, or
840	840	licensed by a regulatory agency in the field of private
841	841	investigations or private security;
842	842	(2) is employed by or participates in the management
843	843	of a business entity or other organization regulated by or
844	844	receiving money from the department [board];
845	845	(3) owns or controls, directly or indirectly, more
846	846	than a 10 percent interest in a business entity or other
847	847	organization regulated by or receiving money from the department
848	848	[board]; or
849	849	(4) uses or receives a substantial amount of tangible
850	850	goods, services, or money from the department [board] other than
851	851	compensation or reimbursement authorized by law for committee
852	852	[board] membership, attendance, or expenses.
853	853	SECTION 5.007. Sections 1702.024(b) and (c), Occupations
854	854	Code, are amended to read as follows:
855	855	(b) A person may not be a committee [board] member, and may
856	856	not be a department employee whose primary duties include private
857	857	security regulation and who is employed in a "bona fide executive,
858	858	administrative, or professional capacity," as that phrase is used
859	859	for purposes of establishing an exemption to the overtime
860	860	provisions of the federal Fair Labor Standards Act of 1938 (29
861	861	U.S.C. Section 201 et seq.), and its subsequent amendments, if:
862	862	(1) the person is an officer, employee, or paid
863	863	consultant of a Texas trade association in the field of private
864	864	investigation or private security; or
865	865	(2) the person's spouse is an officer, manager, or paid
866	866	consultant of a Texas trade association in the field of private
867	867	investigation or private security.
868	868	(c) A person may not be a committee [board] member or act as
869	869	general counsel to the committee or department [board or agency] if
870	870	the person is required to register as a lobbyist under Chapter 305,
871	871	Government Code, because of the person's activities for
872	872	compensation on behalf of a profession related to the operation of
873	873	the committee [agency].
874	874	SECTION 5.008. Section 1702.025, Occupations Code, is
875	875	amended to read as follows:
876	876	Sec. 1702.025. TERMS; VACANCIES. (a) The committee
877	877	[board] members serve staggered six-year terms, with the terms of
878	878	two or three members expiring on January 31 of each odd-numbered
879	879	year.
880	880	(b) If a vacancy occurs during the term of a committee
881	881	[board] member, the commission [governor] shall appoint a new
882	882	member to fill the unexpired term.
883	883	SECTION 5.009. Section 1702.026, Occupations Code, is
884	884	amended to read as follows:
885	885	Sec. 1702.026. OFFICERS. (a) The commission [governor]
886	886	shall designate one committee [board] member as presiding officer
887	887	to serve in that capacity at the will of the commission [governor].
888	888	The commission [governor] shall designate the presiding officer
889	889	without regard to race, creed, color, disability, sex, religion,
890	890	age, or national origin.
891	891	(b) The committee [board] shall elect from among its members
892	892	an assistant presiding officer and a secretary to serve two-year
893	893	terms beginning on September 1 of each odd-numbered year.
894	894	(c) The presiding officer of the committee [board] or, in
895	895	the absence of the presiding officer, the assistant presiding
896	896	officer shall preside at each committee [board] meeting and perform
897	897	the other duties prescribed by this chapter.
898	898	SECTION 5.010. Sections 1702.027(a) and (b), Occupations
899	899	Code, are amended to read as follows:
900	900	(a) It is a ground for removal from the committee [board]
901	901	that a member:
902	902	(1) does not have the qualifications required by
903	903	Section 1702.021 at the time of appointment [taking office];
904	904	(2) does not maintain the qualifications required by
905	905	Section 1702.021 during service on the committee [board];
906	906	(3) is ineligible for membership under Section
907	907	1702.023 or 1702.024;
908	908	(4) cannot, because of illness or disability,
909	909	discharge the member's duties for a substantial part of the member's
910	910	term; or
911	911	(5) is absent from more than half of the regularly
912	912	scheduled committee [board] meetings that the member is eligible to
913	913	attend during a calendar year without an excuse approved by a
914	914	majority vote of the committee [board].
915	915	(b) The validity of an action of the committee [board] is
916	916	not affected by the fact that it is taken when a ground for removal
917	917	of a committee [board] member exists.
918	918	SECTION 5.011. Section 1702.029, Occupations Code, is
919	919	amended to read as follows:
920	920	Sec. 1702.029. MEETINGS. The committee [board] shall meet
921	921	at least quarterly [at regular intervals to be decided by the
922	922	board].
923	923	SECTION 5.012. Subchapter B, Chapter 1702, Occupations
924	924	Code, is amended by adding Sections 1702.031 and 1702.032 to read as
925	925	follows:
926	926	Sec. 1702.031. DUTIES OF ADVISORY COMMITTEE. The committee
927	927	shall provide advice and recommendations to the department and
928	928	commission on technical matters relevant to the administration of
929	929	this chapter and the regulation of private security industries.
930	930	Sec. 1702.032. COMMISSION LIAISON. The commission shall
931	931	designate a commission member to serve as a liaison to the
932	932	committee.
933	933	SECTION 5.013. Section 1702.041, Occupations Code, is
934	934	amended to read as follows:
935	935	Sec. 1702.041. CHIEF ADMINISTRATOR. (a) The chief
936	936	administrator is responsible for the administration of this chapter
937	937	under the direction of the public safety director [board]. The
938	938	chief administrator shall perform duties as prescribed by the
939	939	public safety director [board and the department].
940	940	(b) The chief administrator is a full-time employee of the
941	941	department. A committee [board] member may not serve as chief
942	942	administrator.
943	943	SECTION 5.014. Section 1702.044, Occupations Code, is
944	944	amended to read as follows:
945	945	Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT
946	946	INFORMATION. The chief administrator or the chief administrator's
947	947	designee shall provide to committee [board] members and to
948	948	department [agency] employees, as often as necessary, information
949	949	regarding the requirements for service as a committee member
950	950	[office] or employment under this chapter, including information
951	951	regarding a person's responsibilities under applicable laws
952	952	relating to standards of conduct for state officers or employees.
953	953	SECTION 5.015. The heading to Subchapter D, Chapter 1702,
954	954	Occupations Code, is amended to read as follows:
955	955	SUBCHAPTER D. POWERS AND DUTIES [OF BOARD]
956	956	SECTION 5.016. Section 1702.061, Occupations Code, is
957	957	amended to read as follows:
958	958	Sec. 1702.061. GENERAL POWERS AND DUTIES [OF BOARD]. (a)
959	959	[The board shall perform the functions and duties provided by this
960	960	chapter.
961	961	[(b)] The commission [board] shall adopt rules and general
962	962	policies to guide the department [agency] in the administration of
963	963	this chapter.
964	964	(b) [(c)] The rules and policies adopted by the commission
965	965	[board] under Subsection (a) [(b)] must be consistent with this
966	966	chapter and other commission [board] rules adopted under this
967	967	chapter and with any other applicable law, state rule, or federal
968	968	regulation.
969	969	(c) [(d)] The commission [board] has the powers and duties
970	970	to:
971	971	(1) determine the qualifications of company license
972	972	holders, individual license holders [registrants, endorsement
973	973	holders], and commissioned security officers;
974	974	(2) investigate alleged violations of this chapter and
975	975	of commission [board] rules;
976	976	(3) adopt rules necessary to implement this chapter;
977	977	and
978	978	(4) establish and enforce standards governing the
979	979	safety and conduct of each person regulated [licensed, registered,
980	980	or commissioned] under this chapter.
981	981	[(e) The board shall have a seal in the form prescribed by
982	982	the board.]
983	983	SECTION 5.017. Section 1702.062, Occupations Code, is
984	984	amended to read as follows:
985	985	Sec. 1702.062. FEES. (a) The commission [board] by rule
986	986	shall establish reasonable and necessary fees that produce
987	987	sufficient revenue to administer this chapter. The fees may not
988	988	produce unnecessary fund balances.
989	989	(b) The department [board] may charge a fee each time the
990	990	department [board] requires a person regulated under this chapter
991	991	to resubmit a set of fingerprints for processing by the department
992	992	[board] during the application process for a company license,
993	993	individual license, [registration, endorsement,] or security
994	994	officer commission. The commission [board] shall set the fee in an
995	995	amount that is reasonable and necessary to cover the administrative
996	996	expenses related to processing the fingerprints.
997	997	(c) A person whose pocket card has not expired is not
998	998	eligible to receive from the department [board] another pocket card
999	999	in the same classification in which the pocket card is held.
1000	1000	SECTION 5.018. The heading to Section 1702.063, Occupations
1001	1001	Code, is amended to read as follows:
1002	1002	Sec. 1702.063. [BOARD] USE OF FINES.
1003	1003	SECTION 5.019. Section 1702.0635, Occupations Code, is
1004	1004	amended to read as follows:
1005	1005	Sec. 1702.0635. RESTRICTIONS ON CERTAIN RULES. The
1006	1006	commission [board] may not adopt rules or establish unduly
1007	1007	restrictive experience or education requirements that limit a
1008	1008	person's ability to be licensed as an electronic access control
1009	1009	device company or be licensed [registered] as an electronic access
1010	1010	control device installer.
1011	1011	SECTION 5.020. Section 1702.064, Occupations Code, is
1012	1012	amended to read as follows:
1013	1013	Sec. 1702.064. RULES RESTRICTING ADVERTISING OR
1014	1014	COMPETITIVE BIDDING. (a) The commission [board] may not adopt
1015	1015	rules restricting advertising or competitive bidding by a person
1016	1016	regulated under this chapter [by the board] except to prohibit
1017	1017	false, misleading, or deceptive practices by the person.
1018	1018	(b) The commission [board] may not include in its rules to
1019	1019	prohibit false, misleading, or deceptive practices by a person
1020	1020	regulated under this chapter [by the board] a rule that:
1021	1021	(1) restricts the person's use of any medium for
1022	1022	advertising;
1023	1023	(2) restricts the person's personal appearance or use
1024	1024	of the person's personal voice in an advertisement;
1025	1025	(3) relates to the size or duration of an
1026	1026	advertisement by the person; or
1027	1027	(4) restricts the person's advertisement under a trade
1028	1028	name.
1029	1029	SECTION 5.021. Section 1702.0645, Occupations Code, is
1030	1030	amended to read as follows:
1031	1031	Sec. 1702.0645. PAYMENT OF FEES AND FINES. (a) The
1032	1032	commission [board] may adopt rules regarding the method of payment
1033	1033	of a fee or a fine assessed under this chapter.
1034	1034	(b) Rules adopted under this section may:
1035	1035	(1) authorize the use of electronic funds transfer or
1036	1036	a valid credit card issued by a financial institution chartered by a
1037	1037	state or the federal government or by a nationally recognized
1038	1038	credit organization approved by the department [board]; and
1039	1039	(2) require the payment of a discount or a reasonable
1040	1040	service charge for a credit card payment in addition to the fee or
1041	1041	the fine.
1042	1042	SECTION 5.022. Section 1702.067, Occupations Code, is
1043	1043	amended to read as follows:
1044	1044	Sec. 1702.067. [BOARD] RECORDS; EVIDENCE. An official
1045	1045	record of the department related to this chapter [board] or an
1046	1046	affidavit by the chief administrator as to the content of the record
1047	1047	is prima facie evidence of a matter required to be kept by the
1048	1048	department [board].
1049	1049	SECTION 5.023. Section 1702.068, Occupations Code, is
1050	1050	amended to read as follows:
1051	1051	Sec. 1702.068. APPEAL BOND NOT REQUIRED. The department
1052	1052	[board] is not required to give an appeal bond in any cause arising
1053	1053	under this chapter.
1054	1054	SECTION 5.024. The heading to Subchapter E, Chapter 1702,
1055	1055	Occupations Code, is amended to read as follows:
1056	1056	SUBCHAPTER E. PUBLIC INTEREST INFORMATION [AND COMPLAINT
1057	1057	PROCEDURES]
1058	1058	SECTION 5.025. Section 1702.084, Occupations Code, is
1059	1059	amended to read as follows:
1060	1060	Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF
1061	1061	DISCIPLINARY ACTIONS. (a) The department [board] shall make
1062	1062	available to the public through a toll-free telephone number,
1063	1063	Internet website, or other easily accessible medium determined by
1064	1064	the department [board] the following information relating to a
1065	1065	disciplinary action taken during the preceding three years
1066	1066	regarding a person regulated under this chapter [by the board]:
1067	1067	(1) the identity of the person;
1068	1068	(2) the nature of the complaint that was the basis of
1069	1069	the disciplinary action taken against the person; and
1070	1070	(3) the disciplinary action taken by the commission
1071	1071	[board].
1072	1072	(b) In providing the information, the department [board]
1073	1073	shall present the information in an impartial manner, use language
1074	1074	that is commonly understood, and, if possible, avoid jargon
1075	1075	specific to the security industry.
1076	1076	(c) The department [board] shall update the information on a
1077	1077	monthly basis.
1078	1078	(d) The department [board] shall maintain the
1079	1079	confidentiality of information regarding the identification of a
1080	1080	complainant.
1081	1081	SECTION 5.026. Section 1702.085, Occupations Code, is
1082	1082	amended to read as follows:
1083	1083	Sec. 1702.085. CONFIDENTIALITY OF RECORDS. Records
1084	1084	maintained by the department under this chapter on the home
1085	1085	address, home telephone number, driver's license number, or social
1086	1086	security number of an applicant or a company license holder,
1087	1087	individual license holder [registrant], or security officer
1088	1088	commission holder are confidential and are not subject to mandatory
1089	1089	disclosure under Chapter 552, Government Code.
1090	1090	SECTION 5.027. Section 1702.102(a), Occupations Code, is
1091	1091	amended to read as follows:
1092	1092	(a) Unless the person holds a license as a security services
1093	1093	contractor, a person may not:
1094	1094	(1) act as an alarm systems company, armored car
1095	1095	company, courier company, guard company, or [guard dog company,]
1096	1096	locksmith company[, or private security consultant company];
1097	1097	(2) offer to perform the services of a company in
1098	1098	Subdivision (1); or
1099	1099	(3) engage in business activity for which a license is
1100	1100	required under this chapter.
1101	1101	SECTION 5.028. Section 1702.1025(b), Occupations Code, is
1102	1102	amended to read as follows:
1103	1103	(b) A person licensed as an electronic access control device
1104	1104	company may not install alarm systems unless otherwise licensed [or
1105	1105	registered] to install alarm systems under this chapter.
1106	1106	SECTION 5.029. Section 1702.103, Occupations Code, is
1107	1107	amended to read as follows:
1108	1108	Sec. 1702.103. CLASSIFICATION AND LIMITATION OF COMPANY
1109	1109	LICENSES. (a) The company license classifications are:
1110	1110	(1) Class A: investigations company license, covering
1111	1111	operations of an investigations company;
1112	1112	(2) Class B: security services contractor license,
1113	1113	covering operations of a security services contractor;
1114	1114	(3) Class C: covering the operations included within
1115	1115	Class A and Class B;
1116	1116	(4) Class F: level III training school license; and
1117	1117	(5) Class O: alarm level I training school license[;
1118	1118	[(6) Class P: private business letter of authority
1119	1119	license;
1120	1120	[(7) Class X: government letter of authority license;
1121	1121	and
1122	1122	[(8) Class T: telematics license].
1123	1123	(b) A company license described by this chapter does not
1124	1124	authorize the company license holder to perform a service for which
1125	1125	the company license holder has not qualified. A person may not
1126	1126	engage in an operation outside the scope of that person's company
1127	1127	license. The department [board] shall indicate on the company
1128	1128	license the services the company license holder is authorized to
1129	1129	perform. The company license holder may not perform a service
1130	1130	unless it is indicated on the company license.
1131	1131	(c) A company license is not assignable unless the
1132	1132	assignment is approved in advance by the department [board].
1133	1133	(d) The commission [board] shall prescribe by rule the
1134	1134	procedure under which a company license may be terminated.
1135	1135	(e) The commission [board] by rule may establish other
1136	1136	company license classifications for activities expressly regulated
1137	1137	by this chapter and may establish qualifications and practice
1138	1138	requirements consistent with this chapter for those company license
1139	1139	classifications.
1140	1140	SECTION 5.030. Section 1702.110, Occupations Code, is
1141	1141	amended to read as follows:
1142	1142	Sec. 1702.110. APPLICATION FOR COMPANY LICENSE. (a) An
1143	1143	application for a company license under this chapter must be in the
1144	1144	form prescribed by the department [board] and include:
1145	1145	(1) the full name and business address of the
1146	1146	applicant;
1147	1147	(2) the name under which the applicant intends to do
1148	1148	business;
1149	1149	(3) a statement as to the general nature of the
1150	1150	business in which the applicant intends to engage;
1151	1151	(4) a statement as to the classification for which the
1152	1152	applicant requests qualification;
1153	1153	(5) if the applicant is an entity other than an
1154	1154	individual, the full name and residence address of each partner,
1155	1155	officer who oversees the security-related aspects of the business,
1156	1156	and director of the applicant[, and of the applicant's manager];
1157	1157	(6) if the applicant is an individual, the
1158	1158	fingerprints of the applicant or, if the applicant is an entity
1159	1159	other than an individual, of each officer who oversees the
1160	1160	security-related aspects of the business and of each partner or
1161	1161	shareholder who owns at least a 25 percent interest in the
1162	1162	applicant, provided in the manner prescribed by the department
1163	1163	[board];
1164	1164	(7) a verified statement of the applicant's experience
1165	1165	qualifications in the particular classification in which the
1166	1166	applicant is applying;
1167	1167	(8) a report from the department stating the
1168	1168	applicant's record of any convictions for a Class B misdemeanor or
1169	1169	equivalent offense or a greater offense;
1170	1170	(9) the social security number of the individual
1171	1171	making the application; and
1172	1172	(10) other information, evidence, statements, or
1173	1173	documents required by the department [board].
1174	1174	(b) An applicant for a company license as a security
1175	1175	services contractor shall maintain a physical address within this
1176	1176	state and provide that address to the department [board]. The
1177	1177	commission [board] shall adopt rules to enable an out-of-state
1178	1178	company license holder to comply with this subsection.
1179	1179	(c) The department may return an application for a company
1180	1180	license as incomplete if the applicant submits payment of a fee that
1181	1181	is returned for insufficient funds and the applicant has received
1182	1182	notice and an opportunity to provide payment in full.
1183	1183	SECTION 5.031. Section 1702.112, Occupations Code, is
1184	1184	amended to read as follows:
1185	1185	Sec. 1702.112. FORM OF COMPANY LICENSE. The department
1186	1186	[board] shall prescribe the form of a company license[, including a
1187	1187	branch office license]. The company license must include:
1188	1188	(1) the name of the company license holder;
1189	1189	(2) the name under which the company license holder is
1190	1190	to operate;
1191	1191	(3) the company license number and the date the
1192	1192	company license was issued; and
1193	1193	(4) a photograph of the company license holder,
1194	1194	affixed to the company license at the time the company license is
1195	1195	issued by the department [board].
1196	1196	SECTION 5.032. The heading to Section 1702.113, Occupations
1197	1197	Code, is amended to read as follows:
1198	1198	Sec. 1702.113. GENERAL QUALIFICATIONS FOR COMPANY LICENSE
1199	1199	[, CERTIFICATE OF REGISTRATION,] OR SECURITY OFFICER COMMISSION.
1200	1200	SECTION 5.033. Section 1702.113(a), Occupations Code, is
1201	1201	amended to read as follows:
1202	1202	(a) An applicant for a company license [, certificate of
1203	1203	registration, endorsement,] or security officer commission [or the
1204	1204	applicant's manager] must be at least 18 years of age and must not:
1205	1205	(1) at the time of application be charged under an
1206	1206	information or indictment with the commission of a Class A or Class
1207	1207	B misdemeanor or felony offense determined to be disqualifying by
1208	1208	commission [board] rule;
1209	1209	(2) have been found by a court to be incompetent by
1210	1210	reason of a mental defect or disease and not have been restored to
1211	1211	competency;
1212	1212	(3) have been dishonorably discharged from the United
1213	1213	States armed services, discharged from the United States armed
1214	1214	services under other conditions determined by the commission
1215	1215	[board] to be prohibitive, or dismissed from the United States
1216	1216	armed services if a commissioned officer in the United States armed
1217	1217	services; or
1218	1218	(4) be required to register in this or any other state
1219	1219	as a sex offender[, unless the applicant is approved by the board
1220	1220	under Section 1702.3615].
1221	1221	SECTION 5.034. Section 1702.114, Occupations Code, is
1222	1222	amended to read as follows:
1223	1223	Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR
1224	1224	INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a company
1225	1225	license to engage in the business of an investigations company [or
1226	1226	the applicant's manager] must have, before the date of the
1227	1227	application, three consecutive years' experience in the
1228	1228	investigative field as an employee[, manager,] or owner of an
1229	1229	investigations company or satisfy other requirements set by the
1230	1230	commission [board].
1231	1231	(b) The applicant's experience must be:
1232	1232	(1) reviewed by the department [board or the chief
1233	1233	administrator]; and
1234	1234	(2) determined to be adequate to qualify the applicant
1235	1235	to engage in the business of an investigations company.
1236	1236	SECTION 5.035. Section 1702.115, Occupations Code, is
1237	1237	amended to read as follows:
1238	1238	Sec. 1702.115. ADDITIONAL QUALIFICATIONS FOR SECURITY
1239	1239	SERVICES CONTRACTOR LICENSE. (a) An applicant for a company
1240	1240	license to engage in the business of a security services contractor
1241	1241	[or the applicant's manager] must have, before the date of the
1242	1242	application, two consecutive years' experience in each security
1243	1243	services field for which the person applies as an employee[,
1244	1244	manager,] or owner of a security services contractor or satisfy
1245	1245	other requirements set by the commission [board].
1246	1246	(b) The applicant's experience must have been obtained
1247	1247	legally and must be:
1248	1248	(1) reviewed by the department [board or the chief
1249	1249	administrator]; and
1250	1250	(2) determined to be adequate to qualify the applicant
1251	1251	to engage in the business of a security services contractor.
1252	1252	SECTION 5.036. Section 1702.117, Occupations Code, is
1253	1253	amended to read as follows:
1254	1254	Sec. 1702.117. EXAMINATION. (a) The department [board]
1255	1255	shall require an applicant for a company license under this chapter
1256	1256	[or the applicant's manager] to demonstrate qualifications in the
1257	1257	person's company license classification, including knowledge of
1258	1258	applicable state laws and commission [board] rules, by taking an
1259	1259	examination to be determined by the commission [board].
1260	1260	(b) Payment of the application fee entitles the applicant
1261	1261	[or the applicant's manager] to take one examination without
1262	1262	additional charge. A person who fails the examination must pay a
1263	1263	reexamination fee to take a subsequent examination.
1264	1264	(c) The commission [board] shall set the reexamination fee
1265	1265	in an amount not to exceed the amount of the renewal fee for the
1266	1266	company license classification for which application was made.
1267	1267	(d) The department [board] shall develop and provide to a
1268	1268	person who applies to take the examination under Subsection (a)
1269	1269	material containing all applicable state laws and commission
1270	1270	[board] rules.
1271	1271	SECTION 5.037. Section 1702.118, Occupations Code, is
1272	1272	amended to read as follows:
1273	1273	Sec. 1702.118. EXAMINATION RESULTS. (a) Not later than the
1274	1274	30th day after the date a person takes a licensing examination under
1275	1275	this chapter, the department [board] shall notify the person of the
1276	1276	examination results.
1277	1277	(b) If an examination is graded or reviewed by a testing
1278	1278	service:
1279	1279	(1) the department [board] shall notify the person of
1280	1280	the examination results not later than the 14th day after the date
1281	1281	the department [board] receives the results from the testing
1282	1282	service; and
1283	1283	(2) if notice of the examination results will be
1284	1284	delayed for longer than 90 days after the examination date, the
1285	1285	department [board] shall notify the person of the reason for the
1286	1286	delay before the 90th day.
1287	1287	(c) The department [board] may require a testing service to
1288	1288	notify a person of the results of the person's examination.
1289	1289	(d) If requested in writing by a person who fails a
1290	1290	licensing examination administered under this chapter, the
1291	1291	department [board] shall furnish the person with an analysis of the
1292	1292	person's performance on the examination.
1293	1293	SECTION 5.038. Section 1702.1183, Occupations Code, is
1294	1294	amended to read as follows:
1295	1295	Sec. 1702.1183. RECIPROCAL COMPANY LICENSE FOR CERTAIN
1296	1296	APPLICANTS. (a) The department [board] may waive any prerequisite
1297	1297	to obtaining a company license for an applicant who holds a company
1298	1298	license issued by another jurisdiction with which this state has a
1299	1299	reciprocity agreement.
1300	1300	(b) The commission [board] may make an agreement, subject to
1301	1301	the approval of the governor, with another state to allow for
1302	1302	licensing by reciprocity.
1303	1303	(c) The commission [board] shall adopt rules under which the
1304	1304	commission [board] may waive any prerequisite to obtaining a
1305	1305	company license for, and credit experience for a company license
1306	1306	requirement to, an individual who the commission [board] determines
1307	1307	has acceptable experience gained during service in a branch of the
1308	1308	United States armed forces, including the United States Coast
1309	1309	Guard.
1310	1310	SECTION 5.039. Section 1702.1186, Occupations Code, is
1311	1311	amended to read as follows:
1312	1312	Sec. 1702.1186. PROVISIONAL COMPANY LICENSE. (a) The
1313	1313	department [board] may issue a provisional company license to an
1314	1314	applicant currently licensed in another jurisdiction who seeks an
1315	1315	equivalent company license in this state and who:
1316	1316	(1) has been licensed in good standing as an
1317	1317	investigations company or security services contractor for at least
1318	1318	two years in another jurisdiction, including a foreign country,
1319	1319	that has licensing requirements substantially equivalent to the
1320	1320	requirements of this chapter;
1321	1321	(2) has passed a national or other examination
1322	1322	recognized by the commission [board] relating to the practice of
1323	1323	private investigations or security services contracting; and
1324	1324	(3) is sponsored by a person licensed by the
1325	1325	department [board] under this chapter with whom the provisional
1326	1326	company license holder will practice during the time the person
1327	1327	holds a provisional company license.
1328	1328	(b) A provisional company license is valid until the date
1329	1329	the department [board] approves or denies the provisional company
1330	1330	license holder's application for a company license. The department
1331	1331	[board] shall issue a company license under this chapter to the
1332	1332	provisional company license holder if:
1333	1333	(1) the provisional company license holder is eligible
1334	1334	to be licensed under Section 1702.1183; or
1335	1335	(2) the provisional company license holder:
1336	1336	(A) passes the part of the examination under
1337	1337	Section 1702.117(a) that relates to the applicant's knowledge and
1338	1338	understanding of the laws and rules relating to the practice of an
1339	1339	investigations company or security services contractor in this
1340	1340	state;
1341	1341	(B) is verified by the department [board] as
1342	1342	meeting the academic and experience requirements for a company
1343	1343	license under this chapter; and
1344	1344	(C) satisfies any other licensing requirements
1345	1345	under this chapter.
1346	1346	(c) The department [board] must approve or deny a
1347	1347	provisional company license holder's application for a company
1348	1348	license not later than the 180th day after the date the provisional
1349	1349	company license is issued. The department [board] may extend the
1350	1350	180-day period if the results of an examination have not been
1351	1351	received by the department [board] before the end of that period.
1352	1352	(d) The commission [board] may establish a fee for
1353	1353	provisional company licenses in an amount reasonable and necessary
1354	1354	to cover the cost of issuing the company license.
1355	1355	SECTION 5.040. Section 1702.122, Occupations Code, is
1356	1356	amended to read as follows:
1357	1357	Sec. 1702.122. TEMPORARY CONTINUATION OF COMPANY LICENSE
1358	1358	HOLDER'S BUSINESS. Under the terms provided by commission [board]
1359	1359	rule, a company license holder's business may continue for a
1360	1360	temporary period if the individual on the basis of whose
1361	1361	qualifications a company license under this chapter has been
1362	1362	obtained ceases to be connected with the company license holder.
1363	1363	SECTION 5.041. Section 1702.123, Occupations Code, is
1364	1364	amended to read as follows:
1365	1365	Sec. 1702.123. INSURANCE; BOND. (a) A company license
1366	1366	holder shall maintain on file with the department [board] at all
1367	1367	times the surety bond and certificate of insurance required by this
1368	1368	chapter.
1369	1369	(b) The commission [board] shall immediately suspend the
1370	1370	company license of a company license holder who violates Subsection
1371	1371	(a).
1372	1372	(c) The commission [board] may rescind the company license
1373	1373	suspension if the company license holder provides proof to the
1374	1374	commission [board] that the bond or the insurance coverage is still
1375	1375	in effect. The company license holder must provide the proof in a
1376	1376	form satisfactory to the commission [board] not later than the 10th
1377	1377	day after the date the company license is suspended.
1378	1378	(d) After suspension of the company license, the commission
1379	1379	[board] may not reinstate the company license until an application,
1380	1380	in the form prescribed by the commission [board], is filed
1381	1381	accompanied by a proper bond, insurance certificate, or both. The
1382	1382	commission [board] may deny the application notwithstanding the
1383	1383	applicant's compliance with this section:
1384	1384	(1) for a reason that would justify suspending,
1385	1385	revoking, or denying a company license; or
1386	1386	(2) if, during the suspension, the applicant performs
1387	1387	a practice for which a company license is required.
1388	1388	SECTION 5.042. Sections 1702.124(a), (b), and (f),
1389	1389	Occupations Code, are amended to read as follows:
1390	1390	(a) An applicant is not eligible for a company license
1391	1391	unless the applicant provides as part of the application:
1392	1392	(1) a certificate of insurance or other documentary
1393	1393	evidence of a general liability insurance policy countersigned by
1394	1394	an insurance agent licensed in this state; or
1395	1395	(2) a certificate of insurance for surplus lines
1396	1396	coverage obtained under Chapter 981, Insurance Code, through a
1397	1397	licensed Texas surplus lines agent resident in this state.
1398	1398	(b) The general liability insurance policy must be
1399	1399	conditioned to pay on behalf of the company license holder damages
1400	1400	that the company license holder becomes legally obligated to pay
1401	1401	because of bodily injury, property damage, or personal injury,
1402	1402	caused by an event involving the principal, or an officer, agent, or
1403	1403	employee of the principal, in the conduct of any activity or service
1404	1404	for which the company license holder is licensed under this
1405	1405	chapter.
1406	1406	(f) In addition to the requirements of this section, an
1407	1407	applicant or company license holder shall provide and maintain a
1408	1408	certificate of insurance or other documentary evidence of insurance
1409	1409	sufficient to cover all of the business activities of the applicant
1410	1410	or company license holder related to private security.
1411	1411	SECTION 5.043. Section 1702.125, Occupations Code, is
1412	1412	amended to read as follows:
1413	1413	Sec. 1702.125. BOND REQUIREMENT. A bond executed and filed
1414	1414	with the department [board] under this chapter remains in effect
1415	1415	until the surety terminates future liability by providing to the
1416	1416	department [board] at least 30 days' notice of the intent to
1417	1417	terminate liability.
1418	1418	SECTION 5.044. Section 1702.127, Occupations Code, is
1419	1419	amended to read as follows:
1420	1420	Sec. 1702.127. COMPANY LICENSE HOLDER EMPLOYEES; RECORDS.
1421	1421	(a) A company license holder may be legally responsible for the
1422	1422	conduct in the company license holder's business of each employee
1423	1423	of the company license holder while the employee is performing
1424	1424	assigned duties for the company license holder.
1425	1425	(b) A company license holder shall maintain a record
1426	1426	containing information related to the company license holder's
1427	1427	employees as required by the commission [board].
1428	1428	(c) A company license holder shall maintain for inspection
1429	1429	by the department at the company license holder's principal place
1430	1430	of business or branch office two recent color photographs, of a type
1431	1431	required by the commission [board], of each applicant, individual
1432	1432	license holder [registrant], commissioned security officer, and
1433	1433	employee of the company license holder.
1434	1434	(d) A company license holder shall maintain records
1435	1435	required under this chapter at a physical address within this state
1436	1436	and provide that address to the department [board].
1437	1437	SECTION 5.045. Section 1702.128, Occupations Code, is
1438	1438	amended to read as follows:
1439	1439	Sec. 1702.128. POSTING OF COMPANY LICENSE REQUIRED. A
1440	1440	company license holder shall at all times post[:
1441	1441	[(1)] the person's license in a conspicuous place in:
1442	1442	(1) the principal place of business of the company
1443	1443	license holder; and
1444	1444	(2) each branch office [license in a conspicuous place
1445	1445	in each branch office] of the company license holder.
1446	1446	SECTION 5.046. Section 1702.129, Occupations Code, is
1447	1447	amended to read as follows:
1448	1448	Sec. 1702.129. NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
1449	1449	(a) A company license holder shall notify the department [board]
1450	1450	not later than the 14th day after the date of:
1451	1451	(1) a change of address for the company license
1452	1452	holder's principal place of business;
1453	1453	(2) a change of a name under which the company license
1454	1454	holder does business; or
1455	1455	(3) a change in the company license holder's officers
1456	1456	or partners.
1457	1457	(b) A company license holder shall notify the department
1458	1458	[board] in writing not later than the 14th day after the date a
1459	1459	branch office:
1460	1460	(1) is established;
1461	1461	(2) is closed; or
1462	1462	(3) changes address or location.
1463	1463	SECTION 5.047. Section 1702.130(a), Occupations Code, is
1464	1464	amended to read as follows:
1465	1465	(a) A company license holder, or an officer, director,
1466	1466	partner, [manager,] or employee of a company license holder, may
1467	1467	not:
1468	1468	(1) use a title, an insignia, or an identification
1469	1469	card, wear a uniform, or make a statement with the intent to give an
1470	1470	impression that the person is connected with the federal
1471	1471	government, a state government, or a political subdivision of a
1472	1472	state government; or
1473	1473	(2) use a title, an insignia, or an identification
1474	1474	card or wear a uniform containing the designation "police."
1475	1475	SECTION 5.048. Section 1702.131, Occupations Code, is
1476	1476	amended to read as follows:
1477	1477	Sec. 1702.131. ADVERTISING. An advertisement by a company
1478	1478	license holder soliciting or advertising business must contain the
1479	1479	company license holder's company name and address as stated in
1480	1480	department [board] records.
1481	1481	SECTION 5.049. Section 1702.132, Occupations Code, is
1482	1482	amended to read as follows:
1483	1483	Sec. 1702.132. REPORTS TO EMPLOYER OR CLIENT. (a) A
1484	1484	written report submitted to a company license holder's employer or
1485	1485	client may only be submitted by the company license holder [or
1486	1486	manager] or a person authorized by a company license holder [or
1487	1487	manager]. The person submitting the report shall exercise
1488	1488	diligence in determining whether the information in the report is
1489	1489	correct.
1490	1490	(b) A company license holder or an officer, director,
1491	1491	partner, [manager,] or employee of a company license holder may not
1492	1492	knowingly make a false report to the employer or client for whom
1493	1493	information is obtained.
1494	1494	SECTION 5.050. Section 1702.133, Occupations Code, is
1495	1495	amended to read as follows:
1496	1496	Sec. 1702.133. CONFIDENTIALITY; INFORMATION RELATING TO
1497	1497	CRIMINAL OFFENSE. (a) A company license holder or an officer,
1498	1498	director, or partner[, or manager] of a company license holder may
1499	1499	not disclose to another information obtained by the person for an
1500	1500	employer or client except:
1501	1501	(1) at the direction of the employer or client; or
1502	1502	(2) as required by state law or court order.
1503	1503	(b) A company license holder or an officer, director, or
1504	1504	partner[, or manager] of a company license holder shall disclose to
1505	1505	a law enforcement officer or a district attorney, or that
1506	1506	individual's representative, information the person obtains that
1507	1507	relates to a criminal offense. A private investigator who is
1508	1508	working under the direct supervision of a licensed attorney
1509	1509	satisfies this requirement by disclosing the information to the
1510	1510	supervising attorney.
1511	1511	SECTION 5.051. The heading to Section 1702.134, Occupations
1512	1512	Code, is amended to read as follows:
1513	1513	Sec. 1702.134. COMPANY LICENSE HOLDER EXEMPTIONS FROM
1514	1514	CERTAIN LOCAL REGULATIONS.
1515	1515	SECTION 5.052. Sections 1702.134(a) and (b), Occupations
1516	1516	Code, are amended to read as follows:
1517	1517	(a) A company license holder or an employee of a company
1518	1518	license holder is not required to obtain an authorization, permit,
1519	1519	franchise, or license from, pay another fee or franchise tax to, or
1520	1520	post a bond in a municipality, county, or other political
1521	1521	subdivision of this state to engage in business or perform a service
1522	1522	authorized under this chapter.
1523	1523	(b) A municipality, county, or other political subdivision
1524	1524	of this state may not require a payment for the use of municipal,
1525	1525	county, or other public facilities in connection with a business or
1526	1526	service provided by a company license holder, except that a
1527	1527	municipality may impose and collect:
1528	1528	(1) a reasonable charge for the use of a central alarm
1529	1529	installation located in a police office that is owned, operated, or
1530	1530	monitored by the municipality; and
1531	1531	(2) reasonable inspection and reinspection fees in
1532	1532	connection with a device that causes at least five false alarms in a
1533	1533	12-month period.
1534	1534	SECTION 5.053. Section 1702.161(b), Occupations Code, is
1535	1535	amended to read as follows:
1536	1536	(b) An individual employed as a security officer may not
1537	1537	knowingly carry a firearm during the course of performing duties as
1538	1538	a security officer unless the department [board] has issued a
1539	1539	security officer commission to the individual.
1540	1540	SECTION 5.054. Section 1702.162, Occupations Code, is
1541	1541	amended to read as follows:
1542	1542	Sec. 1702.162. EMPLOYER'S APPLICATION FOR SECURITY OFFICER
1543	1543	COMMISSION. The employer of a security officer who applies for a
1544	1544	security officer commission for the officer must submit an
1545	1545	application to the department [board] on a form provided by the
1546	1546	department [board].
1547	1547	SECTION 5.055. Section 1702.163(a), Occupations Code, is
1548	1548	amended to read as follows:
1549	1549	(a) An applicant employed by a company license holder is not
1550	1550	eligible for a security officer commission unless the applicant
1551	1551	submits as part of the application satisfactory evidence that the
1552	1552	applicant has:
1553	1553	(1) completed the basic training course at a school or
1554	1554	under an instructor approved by the department [board];
1555	1555	(2) met each qualification established by this chapter
1556	1556	and administrative rule;
1557	1557	(3) achieved the score required by the department
1558	1558	[board] on the examination under Section 1702.1685; and
1559	1559	(4) demonstrated to the satisfaction of the firearm
1560	1560	training instructor that the applicant has complied with other
1561	1561	department [board] standards for minimum marksmanship competency
1562	1562	with a handgun.
1563	1563	SECTION 5.056. Section 1702.165, Occupations Code, is
1564	1564	amended to read as follows:
1565	1565	Sec. 1702.165. ISSUANCE OF SECURITY OFFICER COMMISSION;
1566	1566	POCKET CARD. (a) The [board, with the concurrence of the]
1567	1567	department:
1568	1568	(1) may issue a security officer commission to an
1569	1569	individual employed as a uniformed security officer; and
1570	1570	(2) shall issue a security officer commission to a
1571	1571	qualified employee of an armored car company that is a carrier
1572	1572	conducting the armored car business under a federal or state permit
1573	1573	or certificate.
1574	1574	(b) A security officer commission issued under this section
1575	1575	must be in the form of a pocket card designed by the department
1576	1576	[board] that identifies the security officer.
1577	1577	SECTION 5.057. Section 1702.167, Occupations Code, is
1578	1578	amended to read as follows:
1579	1579	Sec. 1702.167. TERMINATION OF EMPLOYMENT AS COMMISSIONED
1580	1580	SECURITY OFFICER; TRANSFER OF COMMISSION. The holder of a security
1581	1581	officer commission who terminates employment with one employer may
1582	1582	transfer the individual's commission to a new employer if, not
1583	1583	later than the 14th day after the date the individual begins the new
1584	1584	employment, the new employer notifies the department [board] of the
1585	1585	transfer of employment on a form prescribed by the department
1586	1586	[board], accompanied by payment of the employee information update
1587	1587	fee.
1588	1588	SECTION 5.058. Sections 1702.1675(a), (b), (c), (d), (e),
1589	1589	(f), and (i), Occupations Code, are amended to read as follows:
1590	1590	(a) The commission [board] shall establish a basic training
1591	1591	course for commissioned security officers. The course must
1592	1592	include, at a minimum:
1593	1593	(1) general security officer training issues;
1594	1594	(2) classroom instruction on handgun proficiency; and
1595	1595	(3) range instruction on handgun proficiency.
1596	1596	(b) The course must be offered and taught by schools and
1597	1597	instructors approved by the department [board]. To receive
1598	1598	department [board] approval, a school or an instructor must submit
1599	1599	an application to the department [board] on a form provided by the
1600	1600	department [board].
1601	1601	(c) The basic training course established under this
1602	1602	section [approved by the board] must consist of a minimum of 30
1603	1603	hours.
1604	1604	(d) The general security officer training portion of the
1605	1605	course must include instruction on:
1606	1606	(1) [board rules and] applicable rules and state laws;
1607	1607	(2) field note taking and report writing; and
1608	1608	(3) any other topics of security officer training
1609	1609	curriculum the department [board] considers necessary.
1610	1610	(e) The department [board] shall develop a commissioned
1611	1611	security officer training manual that contains applicable state
1612	1612	laws and [board] rules to be used in the instruction and training of
1613	1613	commissioned security officers.
1614	1614	(f) The commission [board] shall adopt rules necessary to
1615	1615	administer the provisions of this section concerning the training
1616	1616	requirements of this chapter.
1617	1617	(i) The commission [board] by rule shall establish minimum
1618	1618	standards for handgun proficiency that are at least as stringent as
1619	1619	the standards for handgun proficiency developed [by the public
1620	1620	safety director] under Section 411.188, Government Code.
1621	1621	SECTION 5.059. Section 1702.168, Occupations Code, is
1622	1622	amended to read as follows:
1623	1623	Sec. 1702.168. FIREARM REQUIREMENTS. (a) In addition to
1624	1624	the requirements of Section 1702.163(a), the commission [board] by
1625	1625	rule shall establish other qualifications for individuals who are
1626	1626	employed in positions requiring the carrying of firearms. The
1627	1627	qualifications may include:
1628	1628	(1) physical and mental standards; and
1629	1629	(2) [standards of good moral character; and
1630	1630	[(3)] other requirements that relate to the competency
1631	1631	and reliability of individuals to carry firearms.
1632	1632	(b) The commission [board] shall prescribe appropriate
1633	1633	forms and adopt rules by which evidence is presented that the
1634	1634	requirements are fulfilled.
1635	1635	SECTION 5.060. Sections 1702.1685(b) and (d), Occupations
1636	1636	Code, are amended to read as follows:
1637	1637	(b) Only a department-approved [board-approved] instructor
1638	1638	may administer the handgun proficiency examination.
1639	1639	(d) The school shall maintain the records of the required
1640	1640	proficiency and make the records available for inspection by the
1641	1641	department [board].
1642	1642	SECTION 5.061. Section 1702.171, Occupations Code, is
1643	1643	amended to read as follows:
1644	1644	Sec. 1702.171. SECURITY OFFICER COMMISSION RECORDS. The
1645	1645	commission [board] shall adopt rules for the maintenance of records
1646	1646	relating to an individual to whom the department [board] has issued
1647	1647	a security officer commission.
1648	1648	SECTION 5.062. The heading to Subchapter H, Chapter 1702,
1649	1649	Occupations Code, is amended to read as follows:
1650	1650	SUBCHAPTER H. EMPLOYMENT OF COMMISSIONED SECURITY OFFICER BY
1651	1651	CERTAIN PERSONS; [LETTER OF AUTHORITY] REQUIREMENTS
1652	1652	SECTION 5.063. Section 1702.181, Occupations Code, is
1653	1653	amended to read as follows:
1654	1654	Sec. 1702.181. NOTICE AND REGISTRATION [LETTER OF
1655	1655	AUTHORITY] REQUIRED; REGISTRY. (a) The security department of a
1656	1656	private business or a political subdivision may not employ a
1657	1657	commissioned security officer unless the security department
1658	1658	provides notice to the department in the form prescribed by the
1659	1659	commission of:
1660	1660	(1) the security department's intent to employ a
1661	1661	commissioned security officer and register with the department
1662	1662	under this section;
1663	1663	(2) the name, title, and contact information of the
1664	1664	person serving in the security department as the contact for the
1665	1665	department; and
1666	1666	(3) any change in the information provided in
1667	1667	Subdivision (1) or (2) [holds a letter of authority].
1668	1668	(b) The department shall maintain a registry of security
1669	1669	departments that provide notice under Subsection (a) and the name,
1670	1670	title, and contact information of the person serving as contact for
1671	1671	each security department.
1672	1672	SECTION 5.064. The heading to Subchapter I, Chapter 1702,
1673	1673	Occupations Code, is amended to read as follows:
1674	1674	SUBCHAPTER I. PERSONAL PROTECTION OFFICER LICENSE [ENDORSEMENT]
1675	1675	REQUIREMENTS
1676	1676	SECTION 5.065. Section 1702.201, Occupations Code, is
1677	1677	amended to read as follows:
1678	1678	Sec. 1702.201. PERSONAL PROTECTION OFFICER LICENSE
1679	1679	[ENDORSEMENT] REQUIRED. An individual may not act as a personal
1680	1680	protection officer unless the individual holds a personal
1681	1681	protection officer license [endorsement].
1682	1682	SECTION 5.066. Section 1702.203, Occupations Code, is
1683	1683	amended to read as follows:
1684	1684	Sec. 1702.203. APPLICATION FOR PERSONAL PROTECTION OFFICER
1685	1685	LICENSE [ENDORSEMENT]. An applicant for a personal protection
1686	1686	officer license [endorsement] must submit a written application on
1687	1687	a form prescribed by the commission [board].
1688	1688	SECTION 5.067. Section 1702.204, Occupations Code, is
1689	1689	amended to read as follows:
1690	1690	Sec. 1702.204. PERSONAL PROTECTION OFFICER LICENSE
1691	1691	[ENDORSEMENT]; QUALIFICATIONS. (a) An applicant for a personal
1692	1692	protection officer license [endorsement] must be at least 21 years
1693	1693	of age and must provide:
1694	1694	(1) a certificate of completion of the basic security
1695	1695	officer training course;
1696	1696	(2) proof that the applicant:
1697	1697	(A) has been issued a security officer
1698	1698	commission;
1699	1699	(B) is employed at the time of application by an
1700	1700	investigations company or guard company licensed by the department
1701	1701	[board]; and
1702	1702	(C) has completed the required training in
1703	1703	nonlethal self-defense or defense of a third person; and
1704	1704	(3) proof of completion and the results of the
1705	1705	Minnesota Multiphasic Personality Inventory psychological testing.
1706	1706	(b) The commission [board] by rule shall require an
1707	1707	applicant for a personal protection officer license [endorsement]
1708	1708	to complete the Minnesota Multiphasic Personality Inventory test.
1709	1709	The department [board] may use the results of the test to evaluate
1710	1710	the applicant's psychological fitness.
1711	1711	SECTION 5.068. Section 1702.205(a), Occupations Code, is
1712	1712	amended to read as follows:
1713	1713	(a) The commission [board] shall establish a 15-hour course
1714	1714	for a personal protection officer consisting of training in
1715	1715	nonlethal self-defense or defense of a third person.
1716	1716	SECTION 5.069. Section 1702.206(a), Occupations Code, is
1717	1717	amended to read as follows:
1718	1718	(a) An individual acting as a personal protection officer
1719	1719	may not carry a firearm unless the officer:
1720	1720	(1) is either:
1721	1721	(A) engaged in the exclusive performance of the
1722	1722	officer's duties as a personal protection officer for the employer
1723	1723	under whom the officer's personal protection officer license
1724	1724	[endorsement] is issued; or
1725	1725	(B) traveling to or from the officer's place of
1726	1726	assignment; and
1727	1727	(2) carries the officer's security officer commission
1728	1728	and personal protection officer license [endorsement] on the
1729	1729	officer's person while performing the officer's duties or traveling
1730	1730	as described by Subdivision (1) and presents the commission and
1731	1731	license [endorsement] on request.
1732	1732	SECTION 5.070. The heading to Subchapter J, Chapter 1702,
1733	1733	Occupations Code, is amended to read as follows:
1734	1734	SUBCHAPTER J. LICENSING AND [REGISTRATION AND ENDORSEMENT
1735	1735	REQUIREMENTS;] DUTIES OF INDIVIDUALS [REGISTRANT AND ENDORSEMENT
1736	1736	HOLDER]
1737	1737	SECTION 5.071. Section 1702.221, Occupations Code, is
1738	1738	amended to read as follows:
1739	1739	Sec. 1702.221. INDIVIDUAL LICENSE [REGISTRATION AND
1740	1740	ENDORSEMENT] REQUIRED. (a) To perform any activity regulated by
1741	1741	this chapter, the individual must:
1742	1742	(1) [register in accordance with the requirements of
1743	1743	this chapter and related administrative rules;
1744	1744	[(2)] obtain the proper individual license
1745	1745	[endorsement] under Subsection (b); and
1746	1746	(2) [(3)] be employed by a company license holder
1747	1747	[licensed under this chapter].
1748	1748	(b) An individual must obtain the appropriate individual
1749	1749	license [endorsement] in accordance with the requirements of this
1750	1750	chapter and related administrative rules if the individual:
1751	1751	(1) is employed as:
1752	1752	(A) an alarm instructor;
1753	1753	(B) an alarm systems installer;
1754	1754	(C) an alarm systems monitor;
1755	1755	(D) an electronic access control device
1756	1756	installer;
1757	1757	(E) a level 3 classroom or firearm instructor;
1758	1758	(F) a locksmith;
1759	1759	(G) [a dog trainer;
1760	1760	[(H) a manager or branch office manager;
1761	1761	[(I)] a noncommissioned security officer;
1762	1762	(H) [(J)] a level 4 personal protection
1763	1763	instructor;
1764	1764	(I) [(K)] a private investigator; or
1765	1765	(J) [(L) a private security consultant;
1766	1766	[(M) a security salesperson; or
1767	1767	[(N)] an individual whose duties include
1768	1768	performing another activity for which an individual license
1769	1769	[endorsement] is required under Subsection (e); or
1770	1770	(2) is an owner who owns at least a 51 percent interest
1771	1771	in a company license holder [who oversees the security-related
1772	1772	aspects of the business, officer, partner, or shareholder of a
1773	1773	license holder].
1774	1774	(c) Licensure [Registration and endorsement] under this
1775	1775	chapter does not preclude an individual from performing additional
1776	1776	duties or services authorized by the individual's employer that are
1777	1777	not regulated by this chapter. An individual who performs more than
1778	1778	one of the services that require an individual license [an
1779	1779	endorsement] under this section must obtain an individual license
1780	1780	[an endorsement] for each service.
1781	1781	(d) In addition to the services listed in Subsection (b), a
1782	1782	person holding a security officer commission must also obtain an
1783	1783	individual license [an endorsement] for personal protection if the
1784	1784	individual performs the services described by Section 1702.202.
1785	1785	(e) The commission [board] by rule may require a person to
1786	1786	hold an individual license [an endorsement] for performing any
1787	1787	other activity expressly regulated by this chapter.
1788	1788	SECTION 5.072. Section 1702.2226(b), Occupations Code, is
1789	1789	amended to read as follows:
1790	1790	(b) A person licensed [registered] as an electronic access
1791	1791	control device installer may not install alarm systems unless the
1792	1792	person holds an individual license [an endorsement] under this
1793	1793	chapter as an alarm systems installer.
1794	1794	SECTION 5.073. Section 1702.229, Occupations Code, is
1795	1795	amended to read as follows:
1796	1796	Sec. 1702.229. QUALIFICATIONS FOR INDIVIDUAL LICENSE
1797	1797	[REGISTRATION]. (a) An applicant for an individual license
1798	1798	[registration] must meet the qualifications required under Section
1799	1799	1702.113 for a company license applicant.
1800	1800	(b) The commission [In accordance with the requirements of
1801	1801	Section 1702.0611, the board] by rule may adopt additional
1802	1802	qualifications for an individual to obtain an individual license
1803	1803	[be registered] under this subchapter.
1804	1804	SECTION 5.074. Section 1702.230, Occupations Code, is
1805	1805	amended to read as follows:
1806	1806	Sec. 1702.230. APPLICATION FOR INDIVIDUAL LICENSE
1807	1807	[REGISTRATION OR ENDORSEMENT]. (a) An application for an
1808	1808	individual license [registration or endorsement] must be verified
1809	1809	and include:
1810	1810	(1) the applicant's full name, residence address,
1811	1811	residence telephone number, date and place of birth, and social
1812	1812	security number;
1813	1813	(2) a statement that:
1814	1814	(A) lists each name used by the applicant, other
1815	1815	than the name by which the applicant is known at the time of
1816	1816	application, and an explanation stating each place where each name
1817	1817	was used, the date of each use, and a full explanation of the
1818	1818	reasons the name was used; or
1819	1819	(B) states that the applicant has never used a
1820	1820	name other than the name by which the applicant is known at the time
1821	1821	of application;
1822	1822	(3) the name and address of the applicant's employer
1823	1823	[and, if applicable, the applicant's consulting firm];
1824	1824	(4) the date the employment described by Subdivision
1825	1825	(3) commenced;
1826	1826	(5) a letter from the company license holder
1827	1827	requesting that the applicant be issued an individual license [be
1828	1828	registered or endorsed];
1829	1829	(6) the title of the position occupied by the
1830	1830	applicant and a description of the applicant's duties;
1831	1831	(7) the required fees, including the criminal history
1832	1832	check fee established under Section 1702.282;
1833	1833	(8) fingerprints of the applicant provided in the
1834	1834	manner prescribed by the department [board]; and
1835	1835	(9) any other information, evidence, statement, or
1836	1836	document required by the department [board].
1837	1837	(b) The employer of the applicant shall make a reasonable
1838	1838	attempt to verify the information required under Subsection (a)(1)
1839	1839	before the earlier of:
1840	1840	(1) the date the application is submitted; or
1841	1841	(2) the date the applicant begins to perform the
1842	1842	duties of employment that require an individual license
1843	1843	[registration].
1844	1844	(c) An applicant must submit an application that
1845	1845	substantially meets the requirements of this section before
1846	1846	employment in a capacity for which an individual license
1847	1847	[registration] is required.
1848	1848	(d) For purposes of Subsection (a), an application is not
1849	1849	considered to be verified until the department [board] has received
1850	1850	electronic verification from the department or the Federal Bureau
1851	1851	of Investigation, as applicable, that the applicant has submitted
1852	1852	the applicant's fingerprints.
1853	1853	(e) The department [board] shall make information available
1854	1854	to the public concerning whether an applicant for an individual
1855	1855	license [registration or endorsement] has met the requirements
1856	1856	under this chapter for performing a service for which the
1857	1857	individual license [registration or endorsement] is required.
1858	1858	(f) If information concerning an applicant is not made
1859	1859	available under Subsection (e) before the 48th hour after the time
1860	1860	the applicant's fingerprints are submitted in accordance with
1861	1861	Subsection (a), the applicant may begin performing the duties of
1862	1862	employment for which the individual license [registration or
1863	1863	endorsement] is required, other than duties as a commissioned
1864	1864	security officer, if the employer or its agent:
1865	1865	(1) verifies through the department's publicly
1866	1866	accessible website that the applicant is:
1867	1867	(A) not disqualified for the individual license
1868	1868	[registration or endorsement] based on the applicant's criminal
1869	1869	history; and
1870	1870	(B) not required to register as a sex offender
1871	1871	under Chapter 62, Code of Criminal Procedure; and
1872	1872	(2) maintains in the applicant's employee file a copy
1873	1873	of the search results obtained under Subdivision (1).
1874	1874	SECTION 5.075. Section 1702.2305, Occupations Code, is
1875	1875	amended to read as follows:
1876	1876	Sec. 1702.2305. PROVISIONAL INDIVIDUAL LICENSE
1877	1877	[REGISTRATION]. (a) The department [board] may issue a
1878	1878	provisional individual license [registration] to an applicant
1879	1879	currently licensed [registered] in another jurisdiction who seeks
1880	1880	an equivalent license [registration] in this state and who:
1881	1881	(1) has been licensed [registered] in good standing in
1882	1882	the field in which the individual license [registration] is sought
1883	1883	for at least two years in another jurisdiction, including a foreign
1884	1884	country, that has licensing [registration] requirements
1885	1885	substantially equivalent to the requirements of this chapter;
1886	1886	(2) has passed a national or other examination
1887	1887	recognized by the commission [board] relating to practice in the
1888	1888	field in which the individual license [registration] is sought; and
1889	1889	(3) is employed by a company license holder [person
1890	1890	licensed by the board under this chapter] with whom the provisional
1891	1891	individual license holder [registration holder] will practice
1892	1892	during the time the person holds a provisional individual license
1893	1893	[registration].
1894	1894	(b) A provisional individual license [registration] is
1895	1895	valid until the date the department [board] approves or denies the
1896	1896	provisional individual license [registration] holder's application
1897	1897	for an individual license [a registration]. The department [board]
1898	1898	shall issue an individual license [a registration] under this
1899	1899	chapter to the provisional individual license [registration]
1900	1900	holder if the provisional individual license [registration] holder
1901	1901	is eligible to be licensed [registered] under this chapter.
1902	1902	(c) The department [board] must approve or deny a
1903	1903	provisional individual license [registration] holder's application
1904	1904	for an individual license [a registration] not later than the 180th
1905	1905	day after the date the provisional individual license
1906	1906	[registration] is issued. The department [board] may extend the
1907	1907	180-day period if the results of an examination have not been
1908	1908	received by the department [board] before the end of that period.
1909	1909	(d) The commission [board] may establish a fee for a
1910	1910	provisional individual license [registration] in an amount
1911	1911	reasonable and necessary to cover the cost of issuing the
1912	1912	individual license [registration].
1913	1913	SECTION 5.076. Section 1702.232, Occupations Code, is
1914	1914	amended to read as follows:
1915	1915	Sec. 1702.232. POCKET CARDS. (a) The department [board]
1916	1916	shall issue a pocket card for each individual license holder
1917	1917	[registrant] under this chapter. A pocket card for an owner[,
1918	1918	officer, partner, or shareholder] of a company license holder shall
1919	1919	be issued to the company license holder.
1920	1920	(b) The department [board] shall determine the size,
1921	1921	design, and content of the pocket card.
1922	1922	(c) The pocket card must:
1923	1923	(1) state the name of the individual license holder
1924	1924	[registrant];
1925	1925	(2) contain a color photograph, affixed to the pocket
1926	1926	card by the department [board] at the time the card is issued, and
1927	1927	the signature of the individual license holder [registrant]; and
1928	1928	(3) state the date the card was issued and the card's
1929	1929	expiration date[; and
1930	1930	[(4) state each endorsement held by the registrant and
1931	1931	the date the endorsement expires].
1932	1932	SECTION 5.077. Section 1702.233, Occupations Code, is
1933	1933	amended to read as follows:
1934	1934	Sec. 1702.233. DURATION OF POCKET CARDS. A pocket card
1935	1935	issued for an individual license holder [a registrant is valid for
1936	1936	two years and] expires on the date the individual license
1937	1937	[registration] expires under Section 1702.301(b) [1702.301(d),
1938	1938	(e), or (f)].
1939	1939	SECTION 5.078. Section 1702.234, Occupations Code, is
1940	1940	amended to read as follows:
1941	1941	Sec. 1702.234. [REGISTRATION AND ENDORSEMENT] TRANSFER OF
1942	1942	INDIVIDUAL LICENSE. An individual license holder [A registrant]
1943	1943	may transfer the holder's license [registrant's registration and
1944	1944	endorsements] from one employer to another employer if, not later
1945	1945	than the 14th day after the date the individual license holder
1946	1946	[registrant] begins the new employment, the new employer notifies
1947	1947	the department [board] of the transfer of employment on a form
1948	1948	prescribed by the commission [board] accompanied by payment of the
1949	1949	employee information update fee.
1950	1950	SECTION 5.079. Section 1702.235, Occupations Code, is
1951	1951	amended to read as follows:
1952	1952	Sec. 1702.235. PREEMPLOYMENT CHECK FOR NONCOMMISSIONED
1953	1953	SECURITY OFFICERS. A person may not hire a noncommissioned
1954	1954	security officer unless the person conducts a preemployment check
1955	1955	as required by commission [board] rule.
1956	1956	SECTION 5.080. Section 1702.236, Occupations Code, is
1957	1957	amended to read as follows:
1958	1958	Sec. 1702.236. EXAMINATION AND TRAINING REQUIREMENTS FOR
1959	1959	ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS. (a) The department
1960	1960	[board] shall require an individual who applies for an individual
1961	1961	license [endorsement] as an electronic access control device
1962	1962	installer to pass an examination given by the department [board] or
1963	1963	a person approved by the department [board]. The examination must
1964	1964	cover material related to access control.
1965	1965	(b) The commission [On and after September 1, 2005, the
1966	1966	board] by rule may allow an electronic access control device
1967	1967	installer to obtain or renew an individual license [endorsement] by
1968	1968	fulfilling the requirements of a commission-approved
1969	1969	[board-approved], industry-based educational training program.
1970	1970	SECTION 5.081. Section 1702.239, Occupations Code, is
1971	1971	amended to read as follows:
1972	1972	Sec. 1702.239. TRAINING REQUIREMENTS FOR ALARM SYSTEMS
1973	1973	INSTALLER [AND SECURITY SALESPERSON]; EXAMINATION. (a) The
1974	1974	commission [board] may require that an individual employed as an
1975	1975	alarm systems installer [or security salesperson] hold a
1976	1976	certification by a commission-approved [board-approved] training
1977	1977	program to renew an individual license [endorsement]. The
1978	1978	commission [board] may approve only nationally recognized training
1979	1979	programs that consist of at least 16 hours of classroom study in the
1980	1980	areas of work allowed by the individual license [endorsement]. To
1981	1981	be approved, a training program must offer at least two
1982	1982	certification programs each year, sufficient to complete the
1983	1983	requirements of this subsection, within 100 miles of each county in
1984	1984	the state that has a population of more than 500,000.
1985	1985	(b) The commission [board] may require an individual who has
1986	1986	completed a training program under Subsection (a) to pass an
1987	1987	examination given by the department [board] or by a person approved
1988	1988	by the department [board]. The commission [board] may approve
1989	1989	examinations in conjunction with training programs approved under
1990	1990	Subsection (a). The individual's performance on the examination
1991	1991	must demonstrate the individual's qualifications to perform the
1992	1992	duties allowed by the individual's individual license
1993	1993	[endorsement].
1994	1994	(c) [An individual who holds a registration on September 30,
1995	1995	1993, is not required to comply with requirements adopted under
1996	1996	Subsections (a) and (b) during the time the individual maintains
1997	1997	the registration with the individual's current license holder.
1998	1998	[(d)] If the commission [board] requires certification or
1999	1999	examination under this section, the commission [board] shall adopt
2000	2000	[implement] rules to require that to renew an individual license
2001	2001	[endorsement], an individual who is employed as an alarm systems
2002	2002	installer [or a security salesperson] and who has already once
2003	2003	renewed the individual license [endorsement] must obtain
2004	2004	continuing education credits related to the line of work for which
2005	2005	the individual is licensed. If the commission [board] requires the
2006	2006	continuing education, the chief administrator must approve classes
2007	2007	offered by nationally recognized organizations, and participants
2008	2008	in the classes must qualify according to commission [board] rules.
2009	2009	SECTION 5.082. Section 1702.240, Occupations Code, is
2010	2010	amended to read as follows:
2011	2011	Sec. 1702.240. [REGISTRATION] EXEMPTIONS FOR UNDERCOVER
2012	2012	AGENT. (a) For the purposes of this section, "undercover agent"
2013	2013	means an individual hired by a person to perform a job in or for that
2014	2014	person, and while performing that job, to act as an undercover
2015	2015	agent, an employee, or an independent contractor of a company
2016	2016	license holder, but supervised by a company license holder.
2017	2017	(b) An employee of a company license holder who is employed
2018	2018	exclusively as an undercover agent is not required to obtain an
2019	2019	individual license [register with the board].
2020	2020	SECTION 5.083. Section 1702.241, Occupations Code, is
2021	2021	amended to read as follows:
2022	2022	Sec. 1702.241. JURISPRUDENCE EXAMINATION. (a) The
2023	2023	commission [board] may develop and the department may administer at
2024	2024	least twice each calendar year a jurisprudence examination to
2025	2025	determine the knowledge that an applicant for an individual license
2026	2026	[endorsement] has of this chapter, commission [board] rules, and
2027	2027	any other applicable laws of this state affecting the applicant's
2028	2028	activities regulated under this chapter.
2029	2029	(b) Before the department [board] may administer a
2030	2030	jurisprudence examination under this section, the commission
2031	2031	[board] shall adopt rules to implement this section, including
2032	2032	rules related to the development and administration of the
2033	2033	examination, examination fees, guidelines for reexamination,
2034	2034	grading the examination, and providing notice of examination
2035	2035	results. The department [board] may design different examinations
2036	2036	for different types of individual licenses [endorsements].
2037	2037	SECTION 5.084. Section 1702.282, Occupations Code, is
2038	2038	amended to read as follows:
2039	2039	Sec. 1702.282. CRIMINAL HISTORY CHECK. (a) The department
2040	2040	[board] shall conduct a criminal history check, including a check
2041	2041	of any criminal history record information maintained by the
2042	2042	Federal Bureau of Investigation, in the manner provided by
2043	2043	Subchapter F, Chapter 411, Government Code, on each applicant for a
2044	2044	license or [, registration,] security officer commission issued
2045	2045	under this chapter [, letter of approval, permit, endorsement, or
2046	2046	certification]. As part of its criminal history check, the
2047	2047	department [board] may request that the applicant provide certified
2048	2048	copies of relevant court documents or other records. The failure to
2049	2049	provide the requested records within a reasonable time as
2050	2050	determined by the department [board] may result in the application
2051	2051	being considered incomplete. An applicant is not eligible for a
2052	2052	license or security officer [, registration,] commission issued
2053	2053	under this chapter [, letter of approval, permit, endorsement, or
2054	2054	certification] if the check reveals that the applicant has
2055	2055	committed an act that constitutes grounds for the denial of the
2056	2056	license or [, registration,] commission [, letter of approval,
2057	2057	permit, endorsement, or certification]. Except as provided by
2058	2058	Subsection (d), each applicant shall submit at the time of
2059	2059	application, including an application for the renewal of a license
2060	2060	or security officer [, registration,] commission issued under this
2061	2061	chapter [, letter of approval, permit , endorsement, or
2062	2062	certification], fingerprints in the manner prescribed by the
2063	2063	department [board] accompanied by the fee set by the commission
2064	2064	[board].
2065	2065	(b) Before beginning employment as a commissioned security
2066	2066	officer, the applicant must be approved by the department [board]
2067	2067	based on the results of the check under Subsection (a). To continue
2068	2068	employment in a capacity regulated under this chapter other than as
2069	2069	a commissioned security officer, the applicant must be approved by
2070	2070	the department [board] based on the results of the check under
2071	2071	Subsection (a) not later than the 120th day after the date the
2072	2072	applicant begins employment in that capacity.
2073	2073	(c) A license or [, registration,] security officer
2074	2074	commission[, letter of approval, permit, endorsement, or
2075	2075	certification] issued by the department [board] is conditional on
2076	2076	the department's review [board's receipt] of criminal history
2077	2077	record information.
2078	2078	(d) An applicant who is a peace officer is not required to
2079	2079	submit fingerprints with the applicant's application. On request,
2080	2080	the law enforcement agency or other entity that employs the peace
2081	2081	officer or the entity that maintains the peace officer's
2082	2082	fingerprints shall provide the fingerprints for the peace officer
2083	2083	to the department [board]. The applicant shall provide sufficient
2084	2084	information to the department [board] to enable the department
2085	2085	[board] to obtain the fingerprints under this subsection.
2086	2086	(e) On receipt of notice that a check of the applicant's
2087	2087	criminal record has uncovered an unresolved and potentially
2088	2088	disqualifying arrest that occurred before the 10th anniversary of
2089	2089	the date the application is filed, the applicant must provide a
2090	2090	letter of reference from the county sheriff, prosecuting attorney,
2091	2091	or judge of the county in which the applicant was arrested stating
2092	2092	that a record of a disposition related to the arrest does not exist,
2093	2093	and to the best of the county sheriff's, prosecuting attorney's, or
2094	2094	judge's knowledge the applicant is free of any disqualifying
2095	2095	convictions. If the applicant fails to provide either the letter of
2096	2096	reference or documentary proof of the final disposition of the
2097	2097	arrest, the application is considered incomplete and the applicant
2098	2098	may not be issued a license or security officer[,] commission[,
2099	2099	endorsement, or certificate of registration] under this chapter.
2100	2100	SECTION 5.085. Section 1702.283, Occupations Code, is
2101	2101	amended to read as follows:
2102	2102	Sec. 1702.283. CRUELTY TO ANIMALS. A person who has been
2103	2103	convicted of cruelty to animals under Section 42.09 or 42.092,
2104	2104	Penal Code,[:
2105	2105	[(1) is ineligible for a license as a guard dog company
2106	2106	or for endorsement as a dog trainer; and
2107	2107	[(2)] may not be employed to work with dogs as a
2108	2108	security officer by a security services contractor or security
2109	2109	department of a private business that uses dogs to protect
2110	2110	individuals or property or to conduct investigations.
2111	2111	SECTION 5.086. Section 1702.284(a), Occupations Code, is
2112	2112	amended to read as follows:
2113	2113	(a) Information contained in alarm systems records
2114	2114	maintained by a governmental body that concerns the location of an
2115	2115	alarm system, the name of the occupant of an alarm system location,
2116	2116	or the type of alarm system used is confidential and may be
2117	2117	disclosed only to the department [board], to the alarm company to
2118	2118	which the confidential records relate, or as otherwise required by
2119	2119	state law or court order.
2120	2120	SECTION 5.087. Section 1702.285, Occupations Code, is
2121	2121	amended to read as follows:
2122	2122	Sec. 1702.285. FALSE REPRESENTATION. A person may not
2123	2123	represent falsely that the person:
2124	2124	(1) is employed by a company license holder; or
2125	2125	(2) has a license or security officer commission [is
2126	2126	licensed, registered, endorsed, or commissioned] under this
2127	2127	chapter.
2128	2128	SECTION 5.088. Sections 1702.288(a), (d), and (f),
2129	2129	Occupations Code, are amended to read as follows:
2130	2130	(a) The commission [board] shall adopt rules in accordance
2131	2131	with this section that require a company license holder acting as an
2132	2132	alarm systems company under this chapter to inform each of the
2133	2133	license holder's clients that the client is entitled to receive a
2134	2134	written contract for alarm system services that contains the
2135	2135	client's fee arrangement and other relevant information about
2136	2136	services to be rendered.
2137	2137	(d) The rules shall require that, not later than the seventh
2138	2138	day after the date of entering into a contract for services
2139	2139	regulated by the department [board] with another alarm systems
2140	2140	company or alarm systems monitor, an alarm systems company shall:
2141	2141	(1) notify the recipient of those services of the
2142	2142	name, address, and telephone number and individual to contact at
2143	2143	the company that purchased the contract;
2144	2144	(2) notify the recipient of services at the time the
2145	2145	contract is negotiated that another licensed company may provide
2146	2146	any of the services requested by subcontracting or outsourcing
2147	2147	those services; and
2148	2148	(3) if any of the services are subcontracted or
2149	2149	outsourced to a licensed third party, notify the recipient of
2150	2150	services, by mail, of the name, address, phone number, and license
2151	2151	number of the company providing those services.
2152	2152	(f) A company license holder acting as an alarm systems
2153	2153	company does not have to provide the notice required under
2154	2154	Subsection (d) if the contact information, including the address
2155	2155	and the telephone numbers for the alarm systems company, has not
2156	2156	changed.
2157	2157	SECTION 5.089. Section 1702.289, Occupations Code, is
2158	2158	amended to read as follows:
2159	2159	Sec. 1702.289. INSPECTIONS. (a) An employee or agent of
2160	2160	the department [or board, as applicable,] who enters the place of
2161	2161	business of a person regulated under this chapter for the purpose of
2162	2162	conducting an inspection or audit must:
2163	2163	(1) notify the manager or owner of the business of the
2164	2164	presence of the person conducting the inspection or audit; and
2165	2165	(2) present the manager or owner of the business with
2166	2166	credentials that identify the person conducting the inspection or
2167	2167	audit as an employee or agent of the department [or board].
2168	2168	(b) This section does not prohibit the department [or board]
2169	2169	from conducting an undercover investigation or covert audit in
2170	2170	order to determine compliance with this chapter or a rule adopted
2171	2171	under this chapter.
2172	2172	SECTION 5.090. Sections 1702.301(b), (c), and (h),
2173	2173	Occupations Code, are amended to read as follows:
2174	2174	(b) A company license, individual license, and security
2175	2175	officer commission expire on the dates determined by the commission
2176	2176	under Section 411.511, Government Code, but not later than [expires
2177	2177	on] the second anniversary of the date the license or commission is
2178	2178	issued.
2179	2179	(c) A personal protection officer license [endorsement]
2180	2180	expires on the date determined by the commission under Section
2181	2181	411.511, Government Code, but not later than [on] the expiration
2182	2182	date of the security officer commission under which the license
2183	2183	[individual's endorsement] is issued.
2184	2184	(h) A license[, registration, or endorsement] issued under
2185	2185	this chapter, other than one specified in this section, expires on
2186	2186	the date determined by the commission under Section 411.511,
2187	2187	Government Code, but not later than the second anniversary of the
2188	2188	date the license is issued [specified by this chapter or by board
2189	2189	rule].
2190	2190	SECTION 5.091. Sections 1702.302(a), (b), (c), and (e),
2191	2191	Occupations Code, are amended to read as follows:
2192	2192	(a) A person who is otherwise eligible to renew a license
2193	2193	may renew an unexpired license by paying the required renewal fee to
2194	2194	the department [board] before the expiration date of the license. A
2195	2195	person whose license has expired may not engage in activities that
2196	2196	require a license until the license has been renewed.
2197	2197	(b) A person whose license has been expired for 90 days or
2198	2198	less may renew the license by paying to the department [board] a
2199	2199	renewal fee that is equal to 1-1/2 times the normally required
2200	2200	renewal fee.
2201	2201	(c) A person whose license has been expired for longer than
2202	2202	90 days but less than one year may renew the license by paying to the
2203	2203	department [board] a renewal fee that is equal to two times the
2204	2204	normally required renewal fee.
2205	2205	(e) Not later than the 30th day before the date a person's
2206	2206	license is scheduled to expire, the department [board] shall send
2207	2207	written notice of the impending expiration to the person at the
2208	2208	person's last known address according to the department's [board's]
2209	2209	records.
2210	2210	SECTION 5.092. Section 1702.303, Occupations Code, is
2211	2211	amended to read as follows:
2212	2212	Sec. 1702.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
2213	2213	PRACTITIONER. A person who was licensed in this state, moved to
2214	2214	another state, and is currently licensed and has been in practice in
2215	2215	the other state for the two years preceding the date the person
2216	2216	applies for renewal may obtain a new license without reexamination.
2217	2217	The person must pay to the department [board] a fee that is equal to
2218	2218	two times the normally required renewal fee for the license.
2219	2219	SECTION 5.093. Sections 1702.308(b) and (c), Occupations
2220	2220	Code, are amended to read as follows:
2221	2221	(b) The department [board] shall recognize, prepare, or
2222	2222	administer continuing education programs for company license
2223	2223	holders, commissioned security officers, and individual license
2224	2224	[endorsement] holders. The commission [board] shall set the
2225	2225	minimum number of hours that must be completed and the types of
2226	2226	programs that may be offered.
2227	2227	(c) A company license holder, commissioned security
2228	2228	officer, or individual license [endorsement] holder must
2229	2229	participate in the programs to the extent required by the
2230	2230	commission [board] to keep the person's license or [,] commission[,
2231	2231	or endorsement]. A company license holder, commissioned security
2232	2232	officer, or individual license [endorsement] holder shall submit
2233	2233	evidence of compliance with the commission's [board's] continuing
2234	2234	education requirements in a manner prescribed by the department
2235	2235	[board].
2236	2236	SECTION 5.094. Section 1702.309(a), Occupations Code, is
2237	2237	amended to read as follows:
2238	2238	(a) The commission [board] by rule shall develop a
2239	2239	continuing education course required for renewal of a security
2240	2240	officer commission. Only a department-approved [board-approved]
2241	2241	instructor may administer the continuing education course. The
2242	2242	course must include at least six hours of instruction determined by
2243	2243	the department [chief administrator of the board].
2244	2244	SECTION 5.095. Sections 1702.321(b), (c), and (e),
2245	2245	Occupations Code, are amended to read as follows:
2246	2246	(b) The provisions of this chapter relating to security
2247	2247	officer commissions apply to a person employed by a political
2248	2248	subdivision whose duties include serving as a security guard,
2249	2249	security watchman, or security patrolman on property owned or
2250	2250	operated by the political subdivision if the governing body of the
2251	2251	political subdivision files a written request with the department
2252	2252	[board] for the department [board] to issue a commission to the
2253	2253	political subdivision's employees with those duties.
2254	2254	(c) The department [board] may not charge a fee for issuing
2255	2255	a commission to an officer under Subsection (b). The department
2256	2256	[board] shall issue to the officer a pocket card designating the
2257	2257	political subdivision that employs the officer.
2258	2258	(e) The department [board] may approve a security officer
2259	2259	training program conducted by the political subdivision in
2260	2260	accordance with Sections 1702.1675 and 1702.168.
2261	2261	SECTION 5.096. Sections 1702.323(c) and (c-1), Occupations
2262	2262	Code, are amended to read as follows:
2263	2263	(c) The security department of a private business may not
2264	2264	hire or employ an individual to perform a duty described by Section
2265	2265	1702.222 if the individual has been convicted of a crime that would
2266	2266	otherwise preclude the individual from being licensed [registered]
2267	2267	under this chapter. The private business shall maintain the
2268	2268	individual's criminal history record on file at the business and
2269	2269	shall make the record available for inspection by the department
2270	2270	[Department of Public Safety].
2271	2271	(c-1) Although the security department of a private
2272	2272	business that hires or employs an individual as a private security
2273	2273	officer to possess a firearm in the course and scope of the
2274	2274	individual's duties is required to apply for a security officer
2275	2275	commission for the individual under this chapter, the security
2276	2276	department of a private business is not required to apply [to the
2277	2277	board] for any license under this chapter.
2278	2278	SECTION 5.097. Section 1702.331(b), Occupations Code, is
2279	2279	amended to read as follows:
2280	2280	(b) This chapter does not apply to:
2281	2281	(1) an alarm systems company that sells, installs,
2282	2282	services, monitors, or responds to only personal emergency response
2283	2283	systems;
2284	2284	(2) an alarm systems installer who installs,
2285	2285	maintains, or repairs only personal emergency response systems; and
2286	2286	(3) [a manager or branch office manager of an alarm
2287	2287	systems company described by Subdivision (1);
2288	2288	[(4) a security salesperson who is employed by an
2289	2289	alarm systems company described by Subdivision (1) to sell services
2290	2290	offered by the company; and
2291	2291	[(5)] an owner[, officer, partner, or shareholder] of
2292	2292	an alarm systems company described by Subdivision (1).
2293	2293	SECTION 5.098. Sections 1702.332(c) and (d), Occupations
2294	2294	Code, are amended to read as follows:
2295	2295	(c) To qualify for the exemption provided by Subsection (b),
2296	2296	a telematics service provider shall[:
2297	2297	[(1)] establish business practices and procedures
2298	2298	that are at least as stringent as the guidelines established by the
2299	2299	Association of Public Safety Communications Officials
2300	2300	International regarding the communication of information from
2301	2301	telematics service providers to public safety agencies[; and
2302	2302	[(2) pay an annual fee of $2,500 to the department].
2303	2303	(d) The commission [department] may adopt rules necessary
2304	2304	to carry out the purposes of this section, including rules to
2305	2305	determine whether a telematics service provider is complying with
2306	2306	Subsection (c).
2307	2307	SECTION 5.099. Section 1702.361, Occupations Code, is
2308	2308	amended to read as follows:
2309	2309	Sec. 1702.361. DENIAL AND DISCIPLINARY ACTIONS; GROUNDS.
2310	2310	(a) The commission [department], for conduct described by
2311	2311	Subsection (b), may:
2312	2312	(1) deny an application or revoke, suspend, or refuse
2313	2313	to renew a license[, registration, endorsement,] or security
2314	2314	officer commission;
2315	2315	(2) reprimand a license holder[, registrant,] or
2316	2316	commissioned security officer; or
2317	2317	(3) place on probation a person whose license[,
2318	2318	registration, endorsement,] or security officer commission has
2319	2319	been suspended.
2320	2320	(b) The commission [department] shall take disciplinary
2321	2321	action described by Subsection (a) on proof:
2322	2322	(1) that the applicant, license holder, [manager or]
2323	2323	majority owner of a license holder, [registrant, endorsement
2324	2324	holder,] or commissioned security officer has:
2325	2325	(A) violated this chapter or a rule adopted under
2326	2326	this chapter;
2327	2327	(B) become ineligible for licensure[,
2328	2328	registration, or endorsement under Section 1702.113,] or a security
2329	2329	officer commission under Section 1702.163, if applicable, other
2330	2330	than an action for which the department has taken summary action
2331	2331	under Section 1702.364;
2332	2332	(C) engaged in fraud, deceit, or
2333	2333	misrepresentation;
2334	2334	(D) made a material misstatement in an
2335	2335	application for or renewal of a license[, registration,
2336	2336	endorsement,] or commission;
2337	2337	(E) failed to pay in full an administrative
2338	2338	penalty assessed under Subchapter R, Chapter 411, Government Code
2339	2339	[Q], for which the commission [board] has issued a final order; or
2340	2340	(F) performed any service for which an individual
2341	2341	license [endorsement] is required under this chapter and either:
2342	2342	(i) was not employed with a company
2343	2343	licensed under this chapter at the time the service was performed;
2344	2344	or
2345	2345	(ii) performed the service for a company
2346	2346	licensed under this chapter that was not listed on the individual's
2347	2347	individual license [registration] without informing the department
2348	2348	[board] of the individual's employment with the company within a
2349	2349	reasonable period; or
2350	2350	[(G) failed to qualify a new manager within the
2351	2351	time required by board rule following the termination of a manager;
2352	2352	or]
2353	2353	(2) that the company license holder employing an
2354	2354	individual license holder [of a registrant] or commissioned
2355	2355	security officer has submitted to the department sufficient
2356	2356	evidence that the individual license holder [registrant] or
2357	2357	commissioned security officer:
2358	2358	(A) engaged in fraud or deceit while employed by
2359	2359	the company license holder; or
2360	2360	(B) committed theft while performing work as an
2361	2361	individual license holder [a registrant] or commissioned security
2362	2362	officer.
2363	2363	(c) The commission [department] may place on probation a
2364	2364	person whose license is suspended. If a person's suspension of a
2365	2365	license is probated, the commission [department] may require the
2366	2366	person:
2367	2367	(1) to report regularly to the department on matters
2368	2368	that are the basis of the suspension;
2369	2369	(2) to limit practice to the areas prescribed by the
2370	2370	commission [department]; or
2371	2371	(3) to continue or review professional education until
2372	2372	the person attains a degree of skill satisfactory to the commission
2373	2373	[department] in those areas that are the basis of the probation.
2374	2374	(d) The commission [department] may revoke a license[,
2375	2375	certificate, registration, endorsement,] or security officer
2376	2376	commission if the person holding that credential under this chapter
2377	2377	submits payment of a fee or penalty that is returned for
2378	2378	insufficient funds and the person has received notice and an
2379	2379	opportunity to provide payment in full.
2380	2380	SECTION 5.100. Section 1702.363, Occupations Code, is
2381	2381	amended to read as follows:
2382	2382	Sec. 1702.363. APPLICATION OF ADMINISTRATIVE PROCEDURE
2383	2383	ACT. Except as provided by Section [Sections 1702.3615(b) and]
2384	2384	1702.364, a person regulated under this chapter against whom the
2385	2385	commission [board] has taken action is entitled to a hearing before
2386	2386	the State Office of Administrative Hearings. A proceeding under
2387	2387	this section is a contested case that is governed by Chapter 2001,
2388	2388	Government Code.
2389	2389	SECTION 5.101. Sections 1702.364(a), (b), (c), (d), (e),
2390	2390	and (f), Occupations Code, are amended to read as follows:
2391	2391	(a) On receiving written notice from a law enforcement
2392	2392	agency that a person has been charged with or convicted of an
2393	2393	offense that would make the person ineligible for a license[,
2394	2394	certificate of registration, endorsement,] or security officer
2395	2395	commission under Section 1702.113 or 1702.163, or a rule adopted
2396	2396	under Section 1702.004(b), the commission [department] shall:
2397	2397	(1) summarily deny the person's application for a
2398	2398	license[, registration, endorsement,] or security officer
2399	2399	commission;
2400	2400	(2) in the event of pending charges, summarily suspend
2401	2401	the person's license[, certificate of registration, endorsement,]
2402	2402	or security officer commission; or
2403	2403	(3) in the event of a conviction, summarily revoke the
2404	2404	person's license[, certificate of registration, endorsement,] or
2405	2405	security officer commission.
2406	2406	(b) To initiate a proceeding to take action under Subsection
2407	2407	(a), the department must serve notice to the person. The notice
2408	2408	must:
2409	2409	(1) inform the person of the person's right to a
2410	2410	[preliminary] hearing before the department or the department's
2411	2411	designee;
2412	2412	(2) state the basis for the summary action; and
2413	2413	(3) be personally served on the person or the person's
2414	2414	authorized representative, or sent to the person by certified or
2415	2415	registered mail, return receipt requested, to the person's mailing
2416	2416	address as it appears in the department's records.
2417	2417	(c) The action is effective at the time notice is served.
2418	2418	The person shall immediately surrender to the department any
2419	2419	[certificate of registration,] security officer commission, pocket
2420	2420	card, or other form of identification issued by the department.
2421	2421	(d) At a [preliminary] hearing under this section, the
2422	2422	person must show cause why:
2423	2423	(1) the application should not have been denied;
2424	2424	(2) the [registration,] license[, endorsement,] or
2425	2425	security officer commission should not have been suspended; or
2426	2426	(3) the [registration,] license[, endorsement,] or
2427	2427	commission should not have been revoked.
2428	2428	(e) Chapter 2001, Government Code, applies [does not apply]
2429	2429	to a proceeding under this section for the summary denial of an
2430	2430	application for or the summary suspension or revocation of a
2431	2431	license or security officer commission [the department's initial
2432	2432	action under this section or to a preliminary hearing before the
2433	2433	department under this section].
2434	2434	(f) The dismissal of a complaint, information, or
2435	2435	indictment or an acquittal releases the person from automatic
2436	2436	grounds for a summary denial of an application or summary
2437	2437	suspension of a license or [registration, endorsement, or] security
2438	2438	officer commission under this section. A conviction for the
2439	2439	offense giving rise to a summary suspension is automatic grounds
2440	2440	for immediate, summary revocation.
2441	2441	SECTION 5.102. Section 1702.365, Occupations Code, is
2442	2442	amended to read as follows:
2443	2443	Sec. 1702.365. ABDUCTION OF CHILD. The commission [board]
2444	2444	shall revoke a person's license[, registration, endorsement,] or
2445	2445	security officer commission or deny a person's application for, or
2446	2446	renewal of, a license[, registration, endorsement,] or security
2447	2447	officer commission on proof that the person or an agent of the
2448	2448	person has, after the date of application for a license[,
2449	2449	registration, endorsement,] or security officer commission,
2450	2450	abducted or attempted to abduct by force or the threat of force or
2451	2451	by misrepresentation, stealth, or unlawful entry a child who at the
2452	2452	time of the abduction or attempt is under the care and control of a
2453	2453	person who:
2454	2454	(1) has custody or physical possession of the child
2455	2455	under a court order; or
2456	2456	(2) is exercising the care and control with the
2457	2457	consent of a person who has custody or physical possession of the
2458	2458	child under a court order.
2459	2459	SECTION 5.103. Sections 1702.367(a), (c), (d), and (e),
2460	2460	Occupations Code, are amended to read as follows:
2461	2461	(a) For an investigation conducted under this chapter, if
2462	2462	necessary to enforce this chapter or the commission [board's] rules
2463	2463	adopted under this chapter, the department may issue an
2464	2464	administrative subpoena to any person in this state compelling:
2465	2465	(1) the production of information or documents; or
2466	2466	(2) the attendance and testimony of a witness.
2467	2467	(c) A person required to testify or to produce a record or
2468	2468	document on any matter properly under inquiry by the department
2469	2469	[board] who refuses to testify or to produce the record or document
2470	2470	on the ground that the testimony or the production of the record or
2471	2471	document would incriminate or tend to incriminate the person is
2472	2472	nonetheless required to testify or to produce the record or
2473	2473	document. A person who is required to testify or to produce a
2474	2474	record or document under this subsection is not subject to
2475	2475	indictment or prosecution for a transaction, matter, or thing
2476	2476	concerning which the person truthfully testifies or produces
2477	2477	evidence.
2478	2478	(d) If a witness refuses to obey a subpoena or to give
2479	2479	evidence relevant to proper inquiry by the department [board], the
2480	2480	department [board] may petition a district court of the county in
2481	2481	which the hearing is held to compel the witness to obey the subpoena
2482	2482	or to give the evidence. The court shall immediately issue process
2483	2483	to the witness and shall hold a hearing on the petition as soon as
2484	2484	possible.
2485	2485	(e) An investigator employed by the department [board] may
2486	2486	take statements under oath in an investigation of a matter covered
2487	2487	by this chapter.
2488	2488	SECTION 5.104. Section 1702.368, Occupations Code, is
2489	2489	amended to read as follows:
2490	2490	Sec. 1702.368. NOTIFICATION OF CONVICTION FOR CERTAIN
2491	2491	OFFENSES. The department shall notify the [board and the] police
2492	2492	department of the municipality and the sheriff's department of the
2493	2493	county in which a person licensed[, registered,] or commissioned
2494	2494	under this chapter resides of the conviction of the person for a
2495	2495	Class B misdemeanor or equivalent offense or a greater offense.
2496	2496	SECTION 5.105. Section 1702.372, Occupations Code, is
2497	2497	amended to read as follows:
2498	2498	Sec. 1702.372. RECUSAL OF COMMISSION [BOARD] MEMBER. (a) A
2499	2499	commission [board] member who participated in the investigation of
2500	2500	a complaint of a violation of this chapter or in informal settlement
2501	2501	negotiations regarding the complaint:
2502	2502	(1) may not vote on the matter at a commission [board]
2503	2503	meeting related to the complaint; and
2504	2504	(2) shall state at the meeting the reason for which the
2505	2505	member is prohibited from voting on the matter.
2506	2506	(b) A statement under Subsection (a)(2) shall be entered
2507	2507	into the minutes of the meeting.
2508	2508	SECTION 5.106. Section 1702.381(b), Occupations Code, is
2509	2509	amended to read as follows:
2510	2510	(b) A person who contracts with or employs a person who is
2511	2511	required to hold a license[, registration, endorsement,] or
2512	2512	security officer commission under this chapter knowing that the
2513	2513	person does not hold the required license[, registration,
2514	2514	endorsement,] or commission or who otherwise, at the time of
2515	2515	contract or employment, is in violation of this chapter may be
2516	2516	assessed a civil penalty to be paid to the state in an amount not to
2517	2517	exceed $10,000 for each violation.
2518	2518	SECTION 5.107. Section 1702.386(a), Occupations Code, is
2519	2519	amended to read as follows:
2520	2520	(a) A person commits an offense if the person contracts with
2521	2521	or employs a person who is required to hold a license[,
2522	2522	registration, endorsement,] or commission under this chapter
2523	2523	knowing that the person does not hold the required license[,
2524	2524	registration, endorsement,] or commission or who otherwise, at the
2525	2525	time of contract or employment, is in violation of this chapter.
2526	2526	SECTION 5.108. Section 1702.3863(a), Occupations Code, is
2527	2527	amended to read as follows:
2528	2528	(a) A person commits an offense if the person contracts with
2529	2529	or is employed by a bail bond surety as defined by Chapter 1704 to
2530	2530	secure the appearance of a person who has violated Section 38.10,
2531	2531	Penal Code, unless the person is:
2532	2532	(1) a peace officer;
2533	2533	(2) an individual [endorsed or] licensed as a private
2534	2534	investigator [or the manager of a licensed investigations company];
2535	2535	or
2536	2536	(3) a commissioned security officer employed by a
2537	2537	licensed guard company.
2538	2538	SECTION 5.109. Section 1702.387(a), Occupations Code, is
2539	2539	amended to read as follows:
2540	2540	(a) A person commits an offense if the person fails to
2541	2541	surrender or immediately return to the department [board] the
2542	2542	person's [registration,] commission, pocket card, or other
2543	2543	identification issued to the person by the department under this
2544	2544	chapter [board] on notification of a summary suspension or summary
2545	2545	denial under Section 1702.364.
2546	2546	SECTION 5.110. Section 1702.3875(a), Occupations Code, is
2547	2547	amended to read as follows:
2548	2548	(a) A person commits an offense if the person:
2549	2549	(1) impersonates a commissioned or noncommissioned
2550	2550	security officer with the intent to induce another to submit to the
2551	2551	person's pretended authority or to rely on the person's pretended
2552	2552	acts of a security officer; or
2553	2553	(2) knowingly purports to exercise any function that
2554	2554	requires licensure [registration] as a noncommissioned security
2555	2555	officer or a security officer commission.
2556	2556	SECTION 5.111. Section 1702.388(b), Occupations Code, is
2557	2557	amended to read as follows:
2558	2558	(b) An offense under this section is a Class A misdemeanor,
2559	2559	except that the offense is a felony of the third degree if the
2560	2560	person has previously been convicted under this chapter of failing
2561	2561	to hold a license, [registration, endorsement,] certificate of
2562	2562	insurance, or commission that the person is required to hold under
2563	2563	this chapter.
2564	2564	SECTION 5.112. Section 411.042(b), Government Code, is
2565	2565	amended to read as follows:
2566	2566	(b) The bureau of identification and records shall:
2567	2567	(1) procure and file for record photographs, pictures,
2568	2568	descriptions, fingerprints, measurements, and other pertinent
2569	2569	information of all persons arrested for or charged with a criminal
2570	2570	offense or convicted of a criminal offense, regardless of whether
2571	2571	the conviction is probated;
2572	2572	(2) collect information concerning the number and
2573	2573	nature of offenses reported or known to have been committed in the
2574	2574	state and the legal steps taken in connection with the offenses, and
2575	2575	other information useful in the study of crime and the
2576	2576	administration of justice, including information that enables the
2577	2577	bureau to create a statistical breakdown of:
2578	2578	(A) offenses in which family violence was
2579	2579	involved;
2580	2580	(B) offenses under Sections 22.011 and 22.021,
2581	2581	Penal Code; and
2582	2582	(C) offenses under Sections 20A.02, 43.02(a),
2583	2583	43.02(b), 43.03, and 43.05, Penal Code;
2584	2584	(3) make ballistic tests of bullets and firearms and
2585	2585	chemical analyses of bloodstains, cloth, materials, and other
2586	2586	substances for law enforcement officers of the state;
2587	2587	(4) cooperate with identification and crime records
2588	2588	bureaus in other states and the United States Department of
2589	2589	Justice;
2590	2590	(5) maintain a list of all previous background checks
2591	2591	for applicants for any position regulated under Chapter 1702,
2592	2592	Occupations Code, who have undergone a criminal history background
2593	2593	check as required by that chapter [under Section 411.119], if the
2594	2594	check indicates a Class B misdemeanor or equivalent offense or a
2595	2595	greater offense;
2596	2596	(6) collect information concerning the number and
2597	2597	nature of protective orders and magistrate's orders of emergency
2598	2598	protection and all other pertinent information about all persons
2599	2599	subject to active orders, including pertinent information about
2600	2600	persons subject to conditions of bond imposed for the protection of
2601	2601	the victim in any family violence, sexual assault or abuse,
2602	2602	stalking, or trafficking case. Information in the law enforcement
2603	2603	information system relating to an active order shall include:
2604	2604	(A) the name, sex, race, date of birth, personal
2605	2605	descriptors, address, and county of residence of the person to whom
2606	2606	the order is directed;
2607	2607	(B) any known identifying number of the person to
2608	2608	whom the order is directed, including the person's social security
2609	2609	number or driver's license number;
2610	2610	(C) the name and county of residence of the
2611	2611	person protected by the order;
2612	2612	(D) the residence address and place of employment
2613	2613	or business of the person protected by the order, unless that
2614	2614	information is excluded from the order under Article 17.292(e),
2615	2615	Code of Criminal Procedure;
2616	2616	(E) the child-care facility or school where a
2617	2617	child protected by the order normally resides or which the child
2618	2618	normally attends, unless that information is excluded from the
2619	2619	order under Article 17.292(e), Code of Criminal Procedure;
2620	2620	(F) the relationship or former relationship
2621	2621	between the person who is protected by the order and the person to
2622	2622	whom the order is directed;
2623	2623	(G) the conditions of bond imposed on the person
2624	2624	to whom the order is directed, if any, for the protection of a
2625	2625	victim in any family violence, sexual assault or abuse, stalking,
2626	2626	or trafficking case;
2627	2627	(H) any minimum distance the person subject to
2628	2628	the order is required to maintain from the protected places or
2629	2629	persons; and
2630	2630	(I) the date the order expires;
2631	2631	(7) grant access to criminal history record
2632	2632	information in the manner authorized under Subchapter F;
2633	2633	(8) collect and disseminate information regarding
2634	2634	offenders with mental impairments in compliance with Chapter 614,
2635	2635	Health and Safety Code; and
2636	2636	(9) record data and maintain a state database for a
2637	2637	computerized criminal history record system and computerized
2638	2638	juvenile justice information system that serves:
2639	2639	(A) as the record creation point for criminal
2640	2640	history record information and juvenile justice information
2641	2641	maintained by the state; and
2642	2642	(B) as the control terminal for the entry of
2643	2643	records, in accordance with federal law and regulations, federal
2644	2644	executive orders, and federal policy, into the federal database
2645	2645	maintained by the Federal Bureau of Investigation.
2646	2646	SECTION 5.113. (a) Section 411.119, Government Code, is
2647	2647	repealed.
2648	2648	(b) The following provisions of the Occupations Code are
2649	2649	repealed:
2650	2650	(1) Section 1702.002(1-b);
2651	2651	(2) Section 1702.002(3);
2652	2652	(3) Section 1702.002(6-b);
2653	2653	(4) Section 1702.002(11);
2654	2654	(5) Section 1702.002(12);
2655	2655	(6) Section 1702.002(13);
2656	2656	(7) Section 1702.002(14);
2657	2657	(8) Section 1702.002(19);
2658	2658	(9) Section 1702.002(20);
2659	2659	(10) Section 1702.027(c);
2660	2660	(11) Section 1702.028;
2661	2661	(12) Section 1702.030;
2662	2662	(13) Section 1702.043;
2663	2663	(14) Section 1702.047;
2664	2664	(15) Section 1702.0611;
2665	2665	(16) Section 1702.0612;
2666	2666	(17) Section 1702.066;
2667	2667	(18) Section 1702.081;
2668	2668	(19) Section 1702.082;
2669	2669	(20) Section 1702.083;
2670	2670	(21) Section 1702.1045;
2671	2671	(22) Section 1702.109;
2672	2672	(23) Section 1702.111;
2673	2673	(24) Section 1702.113(d);
2674	2674	(25) Section 1702.116;
2675	2675	(26) Section 1702.119;
2676	2676	(27) Section 1702.120;
2677	2677	(28) Section 1702.121;
2678	2678	(29) Section 1702.183;
2679	2679	(30) Section 1702.225;
2680	2680	(31) Section 1702.227;
2681	2681	(32) Section 1702.228;
2682	2682	(33) Sections 1702.301(a), (d), (e), (f), and (g);
2683	2683	(34) Section 1702.304;
2684	2684	(35) Section 1702.307;
2685	2685	(36) Section 1702.3615;
2686	2686	(37) Section 1702.362;
2687	2687	(38) Sections 1702.364(g), (h), and (i);
2688	2688	(39) Section 1702.371;
2689	2689	(40) Section 1702.385; and
2690	2690	(41) Subchapter Q, Chapter 1702.
2691	2691	SECTION 5.114. (a) On September 1, 2019, the terms of the
2692	2692	members serving on the Texas Private Security Board expire and the
2693	2693	Texas Private Security Board is abolished.
2694	2694	(b) As soon as practicable after the effective date of this
2695	2695	Act, the Public Safety Commission shall appoint members to the
2696	2696	Texas Private Security Advisory Committee in accordance with
2697	2697	Section 1702.021, Occupations Code, as amended by this Act. A board
2698	2698	member whose term expired under Subsection (a) of this section is
2699	2699	eligible for reappointment to the advisory committee.
2700	2700	(c) The members of the Texas Private Security Board whose
2701	2701	terms expire under Subsection (a) of this section shall continue to
2702	2702	provide advice to the Department of Public Safety until a majority
2703	2703	of the members of the Texas Private Security Advisory Committee are
2704	2704	appointed under Subsection (b) of this section and qualified.
2705	2705	SECTION 5.115. (a) In this section:
2706	2706	(1) "Commission" means the Public Safety Commission.
2707	2707	(2) "Department" means the Department of Public
2708	2708	Safety.
2709	2709	(3) "Former board" means the Texas Private Security
2710	2710	Board.
2711	2711	(b) On September 1, 2019:
2712	2712	(1) all functions and activities performed by the
2713	2713	former board immediately before that date are transferred to the
2714	2714	department;
2715	2715	(2) all rules, fees, policies, procedures, decisions,
2716	2716	and forms adopted by the former board are continued in effect as
2717	2717	rules, fees, policies, procedures, decisions, and forms of the
2718	2718	commission or the department, as applicable, and remain in effect
2719	2719	until amended or replaced by the commission or department;
2720	2720	(3) a complaint, investigation, contested case, or
2721	2721	other proceeding before the former board that is pending on
2722	2722	September 1, 2019, is transferred without change in status to the
2723	2723	department or the commission, as appropriate;
2724	2724	(4) all money, contracts, leases, property, and
2725	2725	obligations of the former board are transferred to the department;
2726	2726	(5) all property in the custody of the former board is
2727	2727	transferred to the department; and
2728	2728	(6) the unexpended and unobligated balance of any
2729	2729	money appropriated by the legislature for the former board is
2730	2730	transferred to the department.
2731	2731	(c) The former board shall provide the department with
2732	2732	access to any systems or information necessary for the department
2733	2733	to accept the program transferred under this Act.
2734	2734	(d) A license, certificate, or other authorization issued
2735	2735	by the former board is continued in effect as a license,
2736	2736	certificate, or other authorization of the department.
2737	2737	SECTION 5.116. On September 1, 2019, the following expire:
2738	2738	(1) any license, registration, endorsement, or other
2739	2739	authorization required to operate as a guard dog company or trainer
2740	2740	of a dog used to protect persons or property or to conduct
2741	2741	investigations, as described by Chapter 1702, Occupations Code, as
2742	2742	that chapter existed immediately before the effective date of this
2743	2743	Act; and
2744	2744	(2) any license, registration, endorsement, or other
2745	2745	authorization required to operate as a security salesperson,
2746	2746	private security consultant, or private security consulting
2747	2747	company, as described by Chapter 1702, Occupations Code, as that
2748	2748	chapter existed immediately before the effective date of this Act.
2749	2749	SECTION 5.117. As soon as practicable after the effective
2750	2750	date of this Act, the Public Safety Commission shall adopt rules
2751	2751	necessary to implement the changes in law made by this Act to
2752	2752	Chapter 1702, Occupations Code.
2753	2753	SECTION 5.118. The changes in law made by this Act amending
2754	2754	Chapter 1702, Occupations Code, do not affect the validity of a
2755	2755	disciplinary action or other proceeding that was initiated before
2756	2756	the effective date of this Act and that is pending before a court or
2757	2757	other governmental entity on the effective date of this Act.
2758	2758	SECTION 5.119. (a) A violation of Chapter 1702,
2759	2759	Occupations Code, that is repealed or amended by this Act is
2760	2760	governed by the law in effect when the violation was committed, and
2761	2761	the former law is continued in effect for that purpose.
2762	2762	(b) For purposes of this section, a violation was committed
2763	2763	before the effective date of this Act if any element of the
2764	2764	violation occurred before that date.
2765	2765	ARTICLE 6. CONDITIONAL TRANSFER OF DRIVER'S LICENSE PROGRAMS FROM
2766	2766	DEPARTMENT OF PUBLIC SAFETY TO DEPARTMENT OF MOTOR VEHICLES
2767	2767	SECTION 6.001. Sections 521.001(a)(1-a) and (2),
2768	2768	Transportation Code, are amended to read as follows:
2769	2769	(1-a) "Department" means the Texas Department of Motor
2770	2770	Vehicles [Public Safety].
2771	2771	(2) "Director" means the executive [public safety]
2772	2772	director of the department.
2773	2773	SECTION 6.002. Section 521.001(c), Transportation Code, is
2774	2774	amended to read as follows:
2775	2775	(c) The department by rule may define types of vehicles that
2776	2776	are "motorcycles" for the purposes of this chapter, in addition to
2777	2777	those defined under Subsection (a)(6-a), and [. The Texas
2778	2778	Department of Motor Vehicles by rule may define the types of
2779	2779	vehicles that are "motorcycles"] for the purposes of Chapters 501,
2780	2780	502, and 503. This subsection applies only to vehicles
2781	2781	manufactured by a manufacturer licensed under Chapter 2301,
2782	2782	Occupations Code.
2783	2783	SECTION 6.003. Subchapter A, Chapter 521, Transportation
2784	2784	Code, is amended by adding Section 521.0015 to read as follows:
2785	2785	Sec. 521.0015. STATUTORY REFERENCES. A statutory reference
2786	2786	to the Department of Public Safety means the Texas Department of
2787	2787	Motor Vehicles if the statutory reference concerns:
2788	2788	(1) the administration of the programs established by
2789	2789	this chapter, Chapter 522, and other law that license a person to
2790	2790	operate a motor vehicle, as defined by Section 501.002, or a
2791	2791	commercial motor vehicle, as defined by Section 522.003, in this
2792	2792	state; or
2793	2793	(2) the administration of Chapter 521A.
2794	2794	SECTION 6.004. (a) In this section:
2795	2795	(1) "Former administrator" means the Department of
2796	2796	Public Safety.
2797	2797	(2) "Licensing program" means:
2798	2798	(A) the programs established by Chapters 521 and
2799	2799	522, Transportation Code, and other law, that license a person to
2800	2800	operate in this state a motor vehicle, as defined by Section
2801	2801	501.002, Transportation Code, or a commercial motor vehicle, as
2802	2802	defined by Section 522.003, Transportation Code; and
2803	2803	(B) the program to issue election identification
2804	2804	certificates under Chapter 521A, Transportation Code.
2805	2805	(3) "New administrator" means the Texas Department of
2806	2806	Motor Vehicles.
2807	2807	(4) "Work group" means the work group established
2808	2808	under Subsection (b) of this section.
2809	2809	(b) As soon as practicable after the effective date of this
2810	2810	section, the former administrator and the new administrator shall
2811	2811	establish a work group to plan the transfer of the licensing program
2812	2812	from the former administrator to the new administrator.
2813	2813	(c) The work group shall:
2814	2814	(1) adopt a transition plan to provide for the orderly
2815	2815	transfer of powers, duties, functions, programs, and activities
2816	2816	related to the licensing program, including:
2817	2817	(A) a plan that ensures the transfer of the
2818	2818	licensing program will be completed on or before August 31, 2021;
2819	2819	and
2820	2820	(B) completion dates for substantial phases of
2821	2821	the licensing program's transfer;
2822	2822	(2) implement the transition plan described by
2823	2823	Subdivision (1) of this subsection; and
2824	2824	(3) provide a quarterly report of the work group's
2825	2825	progress in developing and implementing the transition plan
2826	2826	described by Subdivision (1) of this subsection to:
2827	2827	(A) the presiding officer of each house of the
2828	2828	legislature;
2829	2829	(B) the governor; and
2830	2830	(C) the Sunset Advisory Commission.
2831	2831	(d) To prepare for the transfer, the former administrator
2832	2832	shall provide the new administrator with access to any systems,
2833	2833	information, property, records, or personnel necessary for the new
2834	2834	administrator to administer the licensing program transferred
2835	2835	under this article.
2836	2836	(e) As soon as practicable after the effective date of this
2837	2837	section:
2838	2838	(1) the new administrator shall study the most
2839	2839	effective use of available state and county resources, including
2840	2840	personnel, property, and resources potentially available through
2841	2841	the adoption of intergovernmental agreements, to administer the
2842	2842	licensing program, prioritizing:
2843	2843	(A) administrative efficiency and cost savings;
2844	2844	and
2845	2845	(B) accessibility of the licensing program for
2846	2846	the citizens of this state, including citizens residing in rural
2847	2847	areas of this state; and
2848	2848	(2) the former administrator shall assist in the study
2849	2849	described by Subdivision (1) of this subsection as requested by the
2850	2850	new administrator.
2851	2851	(f) On September 1, 2021:
2852	2852	(1) all licensing program functions and activities
2853	2853	performed by the former administrator immediately before that date
2854	2854	are transferred to the new administrator;
2855	2855	(2) all licensing program rules, fees, policies,
2856	2856	procedures, decisions, and forms adopted by the former
2857	2857	administrator are continued in effect as rules, fees, policies,
2858	2858	procedures, decisions, and forms of the new administrator and
2859	2859	remain in effect until amended or replaced by the new
2860	2860	administrator;
2861	2861	(3) a licensing program complaint, investigation,
2862	2862	contested case, or other proceeding before the former administrator
2863	2863	that is pending on September 1, 2021, is transferred without change
2864	2864	in status to the new administrator;
2865	2865	(4) all licensing program money, contracts, leases,
2866	2866	property, and obligations of the former administrator are
2867	2867	transferred to the new administrator;
2868	2868	(5) all licensing program property in the custody of
2869	2869	the former administrator is transferred to the new administrator;
2870	2870	and
2871	2871	(6) the unexpended and unobligated balance of any
2872	2872	money appropriated by the legislature to the former administrator
2873	2873	for the purpose of administering the licensing program is
2874	2874	transferred to the new administrator.
2875	2875	(g) On September 1, 2021, a license, certificate,
2876	2876	endorsement, or other form of authorization issued by the former
2877	2877	administrator and related to the licensing program is continued in
2878	2878	effect as a license, certificate, endorsement, or other form of
2879	2879	authorization of the new administrator.
2880	2880	(h) On September 1, 2021, all full-time equivalent employee
2881	2881	positions at the former administrator that primarily concern the
2882	2882	administration or enforcement of the licensing program become
2883	2883	positions at the new administrator.
2884	2884	SECTION 6.005. (a) In this section, "licensing program"
2885	2885	means:
2886	2886	(1) the programs established by Chapters 521 and 522,
2887	2887	Transportation Code, and other law, that license a person to
2888	2888	operate in this state a motor vehicle, as defined by Section
2889	2889	501.002, Transportation Code, or a commercial motor vehicle, as
2890	2890	defined by Section 522.003, Transportation Code; and
2891	2891	(2) the program to issue election identification
2892	2892	certificates under Chapter 521A, Transportation Code.
2893	2893	(b) The Department of Public Safety shall enter into an
2894	2894	agreement with an independent, third-party contractor to:
2895	2895	(1) conduct a study that examines the opportunities
2896	2896	and challenges of transferring the licensing program from the
2897	2897	Department of Public Safety to the Texas Department of Motor
2898	2898	Vehicles; and
2899	2899	(2) prepare a report containing:
2900	2900	(A) the results of the study conducted under this
2901	2901	subsection; and
2902	2902	(B) recommendations on the opportunities and
2903	2903	challenges of transferring the program from the Department of
2904	2904	Public Safety to the Texas Department of Motor Vehicles.
2905	2905	(c) Not later than September 1, 2020, the contractor shall
2906	2906	submit the report prepared under Subsection (b) of this section to
2907	2907	the legislature, the governor, the Sunset Advisory Commission, the
2908	2908	Department of Public Safety, and the Texas Department of Motor
2909	2909	Vehicles.
2910	2910	SECTION 6.006. (a) Subject to Subsection (b) of this
2911	2911	section, this article takes effect immediately if this Act receives
2912	2912	a vote of two-thirds of all the members elected to each house, as
2913	2913	provided by Section 39, Article III, Texas Constitution. If this
2914	2914	Act does not receive the vote necessary for immediate effect, this
2915	2915	article takes effect September 1, 2019.
2916	2916	(b) Sections 6.001, 6.002, 6.003, and 6.004 of this article
2917	2917	take effect only if the report required by Section 6.005 of this
2918	2918	article is not submitted within the period prescribed by that
2919	2919	section.
2920	2920	ARTICLE 7. EXPIRATION DATES OF DRIVER'S LICENSES
2921	2921	SECTION 7.001. Section 521.271(a), Transportation Code, is
2922	2922	amended to read as follows:
2923	2923	(a) Each original driver's license, provisional license,
2924	2924	learner license, or occupational driver's license issued to an
2925	2925	applicant who is a citizen, national, or legal permanent resident
2926	2926	of the United States or a refugee or asylee lawfully admitted into
2927	2927	the United States expires as follows:
2928	2928	(1) except as provided by Section 521.2711, a driver's
2929	2929	license expires on the first birthday of the license holder
2930	2930	occurring after the eighth [sixth] anniversary of the date of the
2931	2931	application;
2932	2932	(2) a provisional license expires on the 18th birthday
2933	2933	of the license holder;
2934	2934	(3) a learner license expires on the 18th birthday of
2935	2935	the license holder;
2936	2936	(4) an occupational driver's license expires on the
2937	2937	first anniversary of the court order granting the license; and
2938	2938	(5) unless an earlier date is otherwise provided, a
2939	2939	driver's license issued to a person whose residence or domicile is a
2940	2940	correctional facility or a parole facility expires on the first
2941	2941	birthday of the license holder occurring after the first
2942	2942	anniversary of the date of issuance.
2943	2943	SECTION 7.002. Section 521.421(a), Transportation Code, is
2944	2944	amended to read as follows:
2945	2945	(a) The fee for issuance or renewal of a license not
2946	2946	otherwise provided for by this section is $32 [$24].
2947	2947	SECTION 7.003. The changes in law made by this Act to
2948	2948	Sections 521.271 and 521.421, Transportation Code, apply only to a
2949	2949	driver's license issued or renewed on or after June 1, 2020. A
2950	2950	driver's license issued or renewed before June 1, 2020, is governed
2951	2951	by the law in effect immediately before the effective date of this
2952	2952	Act, and the former law is continued in effect for that purpose.
2953	2953	ARTICLE 8. MOTORCYCLE AND OFF-HIGHWAY VEHICLE OPERATOR TRAINING
2954	2954	PROGRAMS
2955	2955	SECTION 8.001. Chapter 662, Transportation Code, is amended
2956	2956	by adding Section 662.0005 to read as follows:
2957	2957	Sec. 662.0005. DEFINITIONS. In this chapter:
2958	2958	(1) "Commission" means the Texas Commission of
2959	2959	Licensing and Regulation.
2960	2960	(2) "Department" means the Texas Department of
2961	2961	Licensing and Regulation.
2962	2962	(3) "Instructor" means an individual who holds a
2963	2963	license issued under this chapter that entitles the individual to
2964	2964	provide instruction on motorcycle operation and safety as an
2965	2965	employee of a motorcycle school.
2966	2966	(4) "Motorcycle school" means a person who holds a
2967	2967	license issued under this chapter that entitles the person to offer
2968	2968	and conduct courses on motorcycle operation and safety for
2969	2969	consideration as part of the motorcycle operator training and
2970	2970	safety program.
2971	2971	SECTION 8.002. Section 662.001, Transportation Code, is
2972	2972	amended to read as follows:
2973	2973	Sec. 662.001. ADMINISTRATION OF PROGRAM [DESIGNATED STATE
2974	2974	AGENCY]. The department [governor] shall [designate a state agency
2975	2975	to establish and] administer a motorcycle operator training and
2976	2976	safety program and enforce the laws governing the program.
2977	2977	SECTION 8.003. The heading to Section 662.002,
2978	2978	Transportation Code, is amended to read as follows:
2979	2979	Sec. 662.002. PURPOSE OF PROGRAM[; CURRICULUM].
2980	2980	SECTION 8.004. Section 662.003, Transportation Code, is
2981	2981	amended to read as follows:
2982	2982	Sec. 662.003. PROGRAM DIRECTOR. The department [designated
2983	2983	state agency] shall employ as program director a person who is
2984	2984	certified as a chief instructor by the Motorcycle Safety
2985	2985	Foundation.
2986	2986	SECTION 8.005. Chapter 662, Transportation Code, is amended
2987	2987	by adding Sections 662.0033, 662.0035, and 662.0037 to read as
2988	2988	follows:
2989	2989	Sec. 662.0033. MINIMUM CURRICULUM STANDARDS. (a) The
2990	2990	commission by rule shall establish minimum curriculum standards for
2991	2991	courses provided under the motorcycle operator training and safety
2992	2992	program.
2993	2993	(b) The department shall approve all courses that meet the
2994	2994	curriculum standards established under Subsection (a).
2995	2995	(c) In establishing the minimum curriculum standards for
2996	2996	entry-level courses, the commission shall consider the standards
2997	2997	for motorcycle operator training and safety courses adopted by the
2998	2998	National Highway Traffic Safety Administration.
2999	2999	Sec. 662.0035. FEES. (a) The commission may set fees in
3000	3000	amounts reasonable and necessary to cover the costs of
3001	3001	administering this chapter.
3002	3002	(b) The renewal fee for a motorcycle school license may not
3003	3003	exceed $100.
3004	3004	(c) The renewal fee for an instructor license may not exceed
3005	3005	$50.
3006	3006	Sec. 662.0037. MOTORCYCLE SAFETY ADVISORY BOARD. (a) The
3007	3007	commission shall establish an advisory board to advise the
3008	3008	department on matters related to the motorcycle operator training
3009	3009	and safety program established under this chapter.
3010	3010	(b) The advisory board must consist of nine members
3011	3011	appointed by the presiding officer of the commission, on approval
3012	3012	of the commission, as follows:
3013	3013	(1) three members:
3014	3014	(A) each of whom must be a licensed instructor or
3015	3015	represent a licensed motorcycle school; and
3016	3016	(B) who must collectively represent the
3017	3017	diversity in size and type of the motorcycle schools licensed under
3018	3018	this chapter;
3019	3019	(2) one member who represents the motorcycle dealer
3020	3020	retail industry;
3021	3021	(3) one representative of a law enforcement agency;
3022	3022	(4) one representative of the Texas A&M Transportation
3023	3023	Institute;
3024	3024	(5) one representative of the Texas A&M Engineering
3025	3025	Extension Service; and
3026	3026	(6) two public members who hold a valid Class M
3027	3027	driver's license issued under Chapter 521.
3028	3028	(c) The advisory board members serve staggered six-year
3029	3029	terms.
3030	3030	(d) Chapter 2110, Government Code, does not apply to the
3031	3031	advisory board.
3032	3032	(e) The department may call a joint meeting of the advisory
3033	3033	board and the advisory committee established under Section
3034	3034	1001.058, Education Code, for the committees to collaborate on
3035	3035	matters determined by the department.
3036	3036	SECTION 8.006. Section 662.005, Transportation Code, is
3037	3037	amended to read as follows:
3038	3038	Sec. 662.005. CONTRACTS. (a) The department [designated
3039	3039	state agency] may [license or] contract with a motorcycle school
3040	3040	for the school [qualified persons] to:
3041	3041	(1) offer and conduct motorcycle operator training and
3042	3042	safety courses under the [administer or operate the motorcycle
3043	3043	operator training and safety] program; or
3044	3044	(2) research motorcycle safety in this state.
3045	3045	(b) The department may only execute a contract under this
3046	3046	section after consulting with the motorcycle safety advisory board
3047	3047	regarding the contract.
3048	3048	SECTION 8.007. Section 662.006(a), Transportation Code, is
3049	3049	amended to read as follows:
3050	3050	(a) A person may not offer or conduct training in motorcycle
3051	3051	operation for consideration unless the person:
3052	3052	(1) is licensed as a motorcycle school under this
3053	3053	chapter;
3054	3054	(2) offers and conducts training in accordance with a
3055	3055	motorcycle operator training curriculum approved by the
3056	3056	department; and
3057	3057	(3) employs an instructor licensed under this chapter
3058	3058	to conduct the training [by or contracts with the designated state
3059	3059	agency].
3060	3060	SECTION 8.008. Chapter 662, Transportation Code, is amended
3061	3061	by adding Sections 662.0062, 662.0064, 662.0066, and 662.0068 to
3062	3062	read as follows:
3063	3063	Sec. 662.0062. ELIGIBILITY; APPLICATION. (a) To be eligible
3064	3064	for an instructor license, an applicant must:
3065	3065	(1) have completed a commission-approved training
3066	3066	program on motorcycle operator training and safety instruction
3067	3067	administered by the Texas A&M Engineering Extension Service;
3068	3068	(2) have held for the two years preceding the date of
3069	3069	submitting the application a valid driver's license that entitles
3070	3070	the applicant to operate a motorcycle on a public road; and
3071	3071	(3) have accumulated less than 10 points under the
3072	3072	driver responsibility program established by Chapter 708.
3073	3073	(b) The commission by rule may adopt additional
3074	3074	requirements for issuance of an instructor license.
3075	3075	(c) To be eligible for a motorcycle school license, an
3076	3076	applicant must meet the minimum standards established by commission
3077	3077	rule for:
3078	3078	(1) health and safety;
3079	3079	(2) the school's facility; and
3080	3080	(3) consumer protection.
3081	3081	(d) The department shall issue a license to an applicant who
3082	3082	meets the eligibility requirements established under this chapter
3083	3083	and department rule.
3084	3084	(e) The department may prescribe an application form for
3085	3085	applicants to submit when applying for a license under this
3086	3086	section.
3087	3087	Sec. 662.0064. INSTRUCTOR TRAINING; ADMINISTRATOR. The
3088	3088	Texas A&M Engineering Extension Service, in consultation with the
3089	3089	department, shall administer the training program required by
3090	3090	Section 662.0062(a)(1).
3091	3091	Sec. 662.0066. ALTERNATIVE QUALIFICATIONS. The department
3092	3092	shall issue a license to an applicant who holds a similar license
3093	3093	issued by another jurisdiction with licensing requirements
3094	3094	substantially equivalent to the requirements of this state. The
3095	3095	commission may adopt rules to implement this section.
3096	3096	Sec. 662.0068. PROGRAM CERTIFICATES. The department shall
3097	3097	issue a certificate of completion to a person who completes a
3098	3098	department-approved motorcycle operator training and safety course
3099	3099	conducted by a motorcycle school on receipt of notice from the
3100	3100	motorcycle school that conducted the course.
3101	3101	SECTION 8.009. Section 662.008, Transportation Code, is
3102	3102	amended to read as follows:
3103	3103	Sec. 662.008. DENIAL, SUSPENSION, OR REVOCATION
3104	3104	[CANCELLATION] OF INSTRUCTOR OR MOTORCYCLE SCHOOL LICENSE
3105	3105	[APPROVAL]. (a) The department [designated state agency] may deny
3106	3106	an application for, suspend, or revoke a license issued [cancel its
3107	3107	approval for a program sponsor to conduct or for an instructor to
3108	3108	teach a course offered] under this chapter if the applicant,
3109	3109	instructor, or motorcycle school [sponsor]:
3110	3110	(1) does not satisfy the requirements established
3111	3111	under this chapter to receive or retain the license [approval];
3112	3112	(2) permits fraud or engages in a fraudulent practice
3113	3113	with reference to an application for [to] the license [agency];
3114	3114	(3) induces or countenances fraud or a fraudulent
3115	3115	practice by a person applying for a driver's license or permit;
3116	3116	(4) permits fraud or engages in a fraudulent practice
3117	3117	in an action between the applicant or license holder and the public;
3118	3118	or
3119	3119	(5) fails to comply with this chapter or rules adopted
3120	3120	under this chapter [of the state agency].
3121	3121	(b) Following denial of an application for a license or the
3122	3122	[,] suspension [,] or revocation of a license issued under this
3123	3123	chapter [cancellation of the approval of a program sponsor or an
3124	3124	instructor], notice and opportunity for a hearing must be given as
3125	3125	provided by:
3126	3126	(1) Chapter 2001, Government Code; and
3127	3127	(2) Chapter 53, Occupations Code.
3128	3128	SECTION 8.010. Section 662.009, Transportation Code, is
3129	3129	amended to read as follows:
3130	3130	Sec. 662.009. RULES. The commission [designated state
3131	3131	agency] may adopt rules to administer this chapter.
3132	3132	SECTION 8.011. Section 662.010, Transportation Code, is
3133	3133	amended to read as follows:
3134	3134	Sec. 662.010. NONAPPLICABILITY OF CERTAIN OTHER LAW.
3135	3135	Chapter 1001, Education Code [332, Acts of the 60th Legislature,
3136	3136	Regular Session, 1967 (Article 4413(29c), Vernon's Texas Civil
3137	3137	Statutes)], does not apply to training offered or conducted under
3138	3138	this chapter.
3139	3139	SECTION 8.012. Section 662.011, Transportation Code, is
3140	3140	amended by amending Subsection (b) and adding Subsection (d) to
3141	3141	read as follows:
3142	3142	(b) Money deposited to the credit of the motorcycle
3143	3143	education fund account may be used only to defray the cost of:
3144	3144	(1) administering the motorcycle operator training
3145	3145	and safety program; [and]
3146	3146	(2) conducting the motorcyclist safety and share the
3147	3147	road campaign described by Section 201.621; and
3148	3148	(3) administering the grant program under Section
3149	3149	662.0115.
3150	3150	(d) The department may apply for and accept gifts, grants,
3151	3151	and donations from any organization to be deposited in the
3152	3152	motorcycle education fund account for the purpose of improving
3153	3153	motorcycle safety in this state.
3154	3154	SECTION 8.013. Chapter 662, Transportation Code, is amended
3155	3155	by adding Section 662.0115 to read as follows:
3156	3156	Sec. 662.0115. MOTORCYCLE SAFETY GRANT PROGRAM. (a) Using
3157	3157	money from the motorcycle education fund account, the department
3158	3158	may establish and administer a grant program to improve motorcycle
3159	3159	safety in this state.
3160	3160	(b) The department may award a person a grant to:
3161	3161	(1) promote the motorcycle operator training and
3162	3162	safety program or any other motorcycle safety program in this
3163	3163	state;
3164	3164	(2) increase the number of individuals seeking
3165	3165	motorcycle operator training or licensure as an instructor to
3166	3166	conduct motorcycle operator training; or
3167	3167	(3) support any other goal reasonably likely to
3168	3168	improve motorcycle safety in this state.
3169	3169	(c) To administer the grant program, the department shall
3170	3170	prescribe:
3171	3171	(1) grant application procedures;
3172	3172	(2) guidelines relating to grant amounts; and
3173	3173	(3) criteria for evaluating grant applications.
3174	3174	(d) The department may only award a grant after consulting
3175	3175	with the motorcycle safety advisory board regarding the grant
3176	3176	application.
3177	3177	SECTION 8.014. Section 662.012, Transportation Code, is
3178	3178	amended to read as follows:
3179	3179	Sec. 662.012. REPORTS. (a) The department [designated
3180	3180	state agency] shall require each motorcycle school [provider of a
3181	3181	motorcycle operator training and safety program] to compile and
3182	3182	forward to the department [agency] each month a report on the
3183	3183	school's [provider's] programs. The report must include:
3184	3184	(1) the number and types of courses provided in the
3185	3185	reporting period;
3186	3186	(2) the number of persons who took each course in the
3187	3187	reporting period;
3188	3188	(3) the number of instructors available to provide
3189	3189	training under the school's [provider's] program in the reporting
3190	3190	period;
3191	3191	(4) information collected by surveying persons taking
3192	3192	each course as to the length of any waiting period the person
3193	3193	experienced before being able to enroll in the course;
3194	3194	(5) the number of persons on a waiting list for a
3195	3195	course at the end of the reporting period; and
3196	3196	(6) any other information the department [agency]
3197	3197	reasonably requires.
3198	3198	(b) The department [designated state agency] shall maintain
3199	3199	a compilation of the reports submitted under Subsection (a) on a
3200	3200	by-site basis. The department [agency] shall update the
3201	3201	compilation as soon as practicable after the beginning of each
3202	3202	month.
3203	3203	(c) The department [designated state agency] shall provide
3204	3204	without charge a copy of the most recent compilation under
3205	3205	Subsection (b) to any member of the legislature on request.
3206	3206	SECTION 8.015. Chapter 662, Transportation Code, is amended
3207	3207	by adding Section 662.013 to read as follows:
3208	3208	Sec. 662.013. RESEARCH, ADVOCACY, AND EDUCATION. The Texas
3209	3209	A&M Transportation Institute, in consultation with the department,
3210	3210	shall:
3211	3211	(1) research motorcycle safety in this state;
3212	3212	(2) provide advocacy on motorcycle safety issues in
3213	3213	this state; and
3214	3214	(3) provide education to the public on motorcycle
3215	3215	safety issues in this state.
3216	3216	SECTION 8.016. Section 663.001, Transportation Code, is
3217	3217	amended by amending Subdivision (1-b) and adding Subdivisions (1-c)
3218	3218	and (1-d) to read as follows:
3219	3219	(1-b) "Commission" means the Texas Commission of
3220	3220	Licensing and Regulation.
3221	3221	(1-c) "Department" means the Texas Department of
3222	3222	Licensing and Regulation.
3223	3223	(1-d) "Off-highway vehicle" means:
3224	3224	(A) an all-terrain vehicle or recreational
3225	3225	off-highway vehicle, as those terms are defined by Section 502.001;
3226	3226	or
3227	3227	(B) a utility vehicle.
3228	3228	SECTION 8.017. Section 663.011, Transportation Code, is
3229	3229	amended to read as follows:
3230	3230	Sec. 663.011. ADMINISTRATION OF PROGRAM [DESIGNATED
3231	3231	DIVISION OR STATE AGENCY]. The department [governor] shall
3232	3232	[designate a division of the governor's office or a state agency to
3233	3233	establish and] administer an off-highway vehicle operator
3234	3234	education and certification program and enforce the laws governing
3235	3235	the program.
3236	3236	SECTION 8.018. Section 663.013, Transportation Code, is
3237	3237	amended to read as follows:
3238	3238	Sec. 663.013. PROGRAM STANDARDS [OFF-HIGHWAY VEHICLE
3239	3239	SAFETY COORDINATOR]. (a) The department [designated division or
3240	3240	state agency shall employ an off-highway vehicle safety
3241	3241	coordinator.
3242	3242	[(b) The coordinator] shall supervise the off-highway
3243	3243	vehicle operator education and certification program and shall
3244	3244	determine:
3245	3245	(1) locations at which courses will be offered;
3246	3246	(2) fees for the courses;
3247	3247	(3) qualifications of instructors;
3248	3248	(4) course curriculum; and
3249	3249	(5) standards for operator safety certification.
3250	3250	(b) [(c)] In establishing standards for instructors,
3251	3251	curriculum, and operator certification, the department
3252	3252	[coordinator] shall consult and be guided by standards established
3253	3253	by recognized off-highway vehicle safety organizations.
3254	3254	SECTION 8.019. Section 663.014, Transportation Code, is
3255	3255	amended to read as follows:
3256	3256	Sec. 663.014. CONTRACTS. To administer the education
3257	3257	program and certify off-highway vehicle operators, the department
3258	3258	[designated division or state agency] may contract with nonprofit
3259	3259	safety organizations, nonprofit educational organizations, or
3260	3260	agencies of local governments.
3261	3261	SECTION 8.020. Section 663.015(a), Transportation Code, is
3262	3262	amended to read as follows:
3263	3263	(a) If the department [off-highway vehicle safety
3264	3264	coordinator] determines that vehicle operation is not feasible in a
3265	3265	program component or at a particular program location, the operator
3266	3266	education and certification program for persons who are at least 14
3267	3267	years of age may use teaching or testing methods that do not involve
3268	3268	the actual operation of an off-highway vehicle.
3269	3269	SECTION 8.021. Section 663.017, Transportation Code, is
3270	3270	amended to read as follows:
3271	3271	Sec. 663.017. DENIAL, SUSPENSION, OR CANCELLATION OF
3272	3272	APPROVAL. (a) The department [designated division or state
3273	3273	agency] may deny, suspend, or cancel its approval for a program
3274	3274	sponsor to conduct or for an instructor to teach a course offered
3275	3275	under this chapter if the applicant, sponsor, or instructor:
3276	3276	(1) does not satisfy the requirements established
3277	3277	under this chapter to receive or retain approval;
3278	3278	(2) permits fraud or engages in fraudulent practices
3279	3279	with reference to an application to the department [division or
3280	3280	agency];
3281	3281	(3) induces or countenances fraud or fraudulent
3282	3282	practices by a person applying for a driver's license or permit;
3283	3283	(4) permits or engages in a fraudulent practice in an
3284	3284	action between the applicant or license holder and the public; or
3285	3285	(5) fails to comply with rules of the department
3286	3286	[division or agency].
3287	3287	(b) Before the department [designated division or agency]
3288	3288	may deny, suspend, or cancel the approval of a program sponsor or an
3289	3289	instructor, notice and opportunity for a hearing must be given as
3290	3290	provided by:
3291	3291	(1) Chapter 2001, Government Code; and
3292	3292	(2) Chapter 53, Occupations Code.
3293	3293	SECTION 8.022. Section 663.018, Transportation Code, is
3294	3294	amended to read as follows:
3295	3295	Sec. 663.018. RULES. The commission [designated division
3296	3296	or state agency] may adopt rules to administer this chapter.
3297	3297	SECTION 8.023. Section 663.019, Transportation Code, is
3298	3298	amended to read as follows:
3299	3299	Sec. 663.019. EXEMPTIONS. The commission [designated
3300	3300	division or state agency] by rule may temporarily exempt the
3301	3301	residents of any county from Section 663.015 or from Section
3302	3302	663.031(a)(1) until the appropriate education and certification
3303	3303	program is established at a location that is reasonably accessible
3304	3304	to the residents of that county.
3305	3305	SECTION 8.024. Section 663.033(d), Transportation Code, is
3306	3306	amended to read as follows:
3307	3307	(d) The department [coordinator] may exempt off-highway
3308	3308	vehicles that are participating in certain competitive events from
3309	3309	the requirements of this section.
3310	3310	SECTION 8.025. Section 663.037(e), Transportation Code, is
3311	3311	amended to read as follows:
3312	3312	(e) The executive director of the department [Department of
3313	3313	Public Safety] shall adopt standards and specifications that apply
3314	3314	to the color, size, and mounting position of the flag required under
3315	3315	Subsections (d)(2) and (g)(2).
3316	3316	SECTION 8.026. Sections 662.002(b), 662.004, and 662.007,
3317	3317	Transportation Code, are repealed.
3318	3318	SECTION 8.027. (a) In this section:
3319	3319	(1) "Department" means the Department of Public
3320	3320	Safety.
3321	3321	(2) "Program" means the motorcycle operator training
3322	3322	and safety program established under Chapter 662, Transportation
3323	3323	Code, as that chapter existed before the effective date of this Act.
3324	3324	(b) As soon as practicable after the effective date of this
3325	3325	article and not later than August 31, 2019, the department shall
3326	3326	dispose of motorcycles and other equipment related to the program
3327	3327	that the department possesses or has leased to entities offering
3328	3328	training under the program. The plan must conform with the
3329	3329	requirements of Subsection (c) of this section.
3330	3330	(c) The department shall dispose of the motorcycles and
3331	3331	other equipment related to the program in the following manner:
3332	3332	(1) the department shall provide to any entity to whom
3333	3333	the department leased a motorcycle or other equipment related to
3334	3334	the program a reasonable period determined by the department to
3335	3335	purchase from the department or return the motorcycle or other
3336	3336	equipment;
3337	3337	(2) after the expiration of the period described by
3338	3338	Subdivision (1) of this subsection, the department shall:
3339	3339	(A) determine the need of the Texas Department of
3340	3340	Licensing and Regulation, the Texas A&M Transportation Institute,
3341	3341	and the Texas A&M Engineering Extension Service for motorcycles and
3342	3342	other equipment necessary to provide motorcycle operator training
3343	3343	for the instructors under the program; and
3344	3344	(B) subject to the need determined under
3345	3345	Paragraph (A) of this subdivision and the availability of
3346	3346	motorcycles and other equipment related to the program, transfer
3347	3347	the motorcycles and equipment to the Texas Department of Licensing
3348	3348	and Regulation, institute, or service under that paragraph, as
3349	3349	applicable; and
3350	3350	(3) after the determination and any transfer under
3351	3351	Subdivision (2) of this subsection, sell any remaining motorcycles
3352	3352	and related equipment of the program in accordance with Chapter
3353	3353	2175, Government Code.
3354	3354	(d) All revenue generated by the disposition of motorcycles
3355	3355	and other equipment related to the program under this section shall
3356	3356	be deposited in the motorcycle education fund account established
3357	3357	under Section 662.011, Transportation Code.
3358	3358	(e) Not later than August 31, 2019, the department and the
3359	3359	Texas Department of Licensing and Regulation shall enter into a
3360	3360	memorandum of understanding regarding any property acquired by the
3361	3361	department by lease or purchase using money from the motorcycle
3362	3362	education fund account established under Section 662.011,
3363	3363	Transportation Code, to ensure that the Department of Public Safety
3364	3364	appropriately compensates the fund for those assets.
3365	3365	SECTION 8.028. (a) In this section:
3366	3366	(1) "Former administrator" means the Texas Department
3367	3367	of Public Safety.
3368	3368	(2) "Licensing commission" means the Texas Commission
3369	3369	of Licensing and Regulation.
3370	3370	(3) "Licensing department" means the Texas Department
3371	3371	of Licensing and Regulation.
3372	3372	(4) "Program" means the:
3373	3373	(A) motorcycle operator training and safety
3374	3374	program under Chapter 662, Transportation Code; and
3375	3375	(B) off-highway vehicle operator education and
3376	3376	certification program under Chapter 663, Transportation Code.
3377	3377	(b) On September 1, 2019:
3378	3378	(1) all functions and activities related to the
3379	3379	program performed by the former administrator immediately before
3380	3380	that date are transferred to the licensing department;
3381	3381	(2) all rules, fees, policies, procedures, decisions,
3382	3382	and forms related to the program adopted by the former
3383	3383	administrator are continued in effect as rules, fees, policies,
3384	3384	procedures, decisions, and forms of the licensing commission or the
3385	3385	licensing department, as applicable, and remain in effect until
3386	3386	amended or replaced by the licensing commission or licensing
3387	3387	department;
3388	3388	(3) a complaint, investigation, contested case, or
3389	3389	other proceeding related to the program before the former
3390	3390	administrator that is pending on September 1, 2019, is transferred
3391	3391	without change in status to the licensing department or the
3392	3392	licensing commission, as appropriate;
3393	3393	(4) all money, contracts, leases, property, and
3394	3394	obligations related to the program of the former administrator are
3395	3395	transferred to the licensing department;
3396	3396	(5) all property related to the program in the custody
3397	3397	of the former administrator is transferred to the licensing
3398	3398	department; and
3399	3399	(6) the unexpended and unobligated balance of any
3400	3400	money appropriated by the legislature for the former administrator
3401	3401	for the purpose of administering the program is transferred to the
3402	3402	licensing department.
3403	3403	(c) The former administrator shall provide the licensing
3404	3404	department with access to any systems or information necessary for
3405	3405	the department to accept the program transferred under this Act.
3406	3406	(d) A license or certificate issued by the former
3407	3407	administrator is continued in effect as a license or certificate of
3408	3408	the licensing department.
3409	3409	(e) On September 1, 2019, all full-time equivalent employee
3410	3410	positions at the former administrator that primarily concern the
3411	3411	administration or enforcement of the program become positions at
3412	3412	the licensing department.
3413	3413	SECTION 8.029. (a) Except as provided by Subsection (b) of
3414	3414	this section, this article takes effect September 1, 2019.
3415	3415	(b) Section 8.027 of this article takes effect immediately
3416	3416	if this Act receives a vote of two-thirds of all the members elected
3417	3417	to each house, as provided by Section 39, Article III, Texas
3418	3418	Constitution. If this Act does not receive the vote necessary for
3419	3419	immediate effect, Section 8.027 takes effect on the 91st day after
3420	3420	the last day of the legislative session.
3421	3421	ARTICLE 9. EFFECTIVE DATE
3422	3422	SECTION 9.001. Except as otherwise provided by this Act,
3423	3423	this Act takes effect September 1, 2019.