Texas 2019 - 86th Regular

Texas Senate Bill SB616 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 616
	1	+	86R29134 JCG-D
	2	+	By: Birdwell, et al. S.B. No. 616
	3	+	(Paddie)
	4	+	Substitute the following for S.B. No. 616: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the continuation and functions of the Department of
6	10		Public Safety of the State of Texas, the conditional transfer of the
7	11		driver licensing program to the Texas Department of Motor Vehicles,
8	12		the abolition of the Texas Private Security Board, the transfer of
9	13		the motorcycle and off-highway vehicle operator training programs
10	14		to the Texas Department of Licensing and Regulation, and the
11	15		regulation of other programs administered by the Department of
12	16		Public Safety; imposing an administrative penalty; authorizing and
13	17		repealing the authorization for fees.
14	18		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	19		ARTICLE 1. CONTINUATION OF DEPARTMENT OF PUBLIC SAFETY AND
16	20		MISCELLANEOUS ADMINISTRATIVE PROVISIONS
17	21		SECTION 1.001. Section 411.002(c), Government Code, is
18	22		amended to read as follows:
19	23		(c) The Department of Public Safety of the State of Texas is
20	24		subject to Chapter 325 (Texas Sunset Act). Unless continued in
21	25		existence as provided by that chapter, the department is abolished
22	26		and Subsections (a) and (b) expire September 1, 2031 [2019].
23	27		SECTION 1.002. Section 411.0031, Government Code, is
24	28		amended by amending Subsection (b) and adding Subsection (d) to
25	29		read as follows:
26	30		(b) The training program must provide the person with
27	31		information regarding:
28	32		(1) the law governing [legislation that created] the
29	33		department's operations [department and the commission];
30	34		(2) the programs, functions, rules, and budget of
31	35		[operated by] the department;
32	36		(3) the scope of and limitations on the rulemaking
33	37		authority of the commission [role and functions of the department];
34	38		(4) the results of the most recent formal audit
35	39		[rules] of the department[, with an emphasis on the rules that
36	40		relate to disciplinary and investigatory authority];
37	41		(5) [the current budget for the department;
38	42		[(6) the results of the most recent formal audit of the
39	43		department;
40	44		[(7)] the requirements of:
41	45		(A) laws relating to [the] open meetings, [law,
42	46		Chapter 551;
43	47		[(B) the] public information, [law, Chapter 552;
44	48		[(C) the] administrative procedure, [law,
45	49		Chapter 2001;] and disclosing conflicts of interest
46	50		[(D) other laws relating to public officials,
47	51		including conflict of interest laws]; and
48	52		(B) other laws applicable to members of the
49	53		commission in performing their duties; and
50	54		(6) [(8)] any applicable ethics policies adopted by
51	55		the department or the Texas Ethics Commission.
52	56		(d) The director shall create a training manual that
53	57		includes the information required by Subsection (b). The director
54	58		shall distribute a copy of the training manual annually to each
55	59		member of the commission. Each member of the commission shall sign
56	60		and submit to the director a statement acknowledging that the
57	61		member received and has reviewed the training manual.
58	62		SECTION 1.003. Subchapter A, Chapter 411, Government Code,
59	63		is amended by adding Section 411.0045 to read as follows:
60	64		Sec. 411.0045. PHYSICAL FITNESS PROGRAMS. The commission
61	65		shall adopt:
62	66		(1) physical fitness programs in accordance with
63	67		Section 614.172; and
64	68		(2) a resolution certifying that the programs adopted
65	69		under Subdivision (1) are consistent with generally accepted
66	70		scientific standards and meet all applicable requirements of state
67	71		and federal labor and employment law.
68	72		SECTION 1.004. Article 59.11, Code of Criminal Procedure,
69	73		is repealed.
70	74		SECTION 1.005. The Department of Public Safety shall:
71	75		(1) develop and implement best practices for the
72	76		collection, protection, and sharing of personal information held by
73	77		the department; and
74	78		(2) not later than September 1, 2020, submit to the
75	79		legislature a report regarding the department's development and
76	80		implementation of the best practices under Subdivision (1).
77	81		ARTICLE 2. BORDER SECURITY
78	82		SECTION 2.001. Subchapter D, Chapter 411, Government Code,
79	83		is amended by adding Section 411.055 to read as follows:
80	84		Sec. 411.055. ANNUAL REPORT ON BORDER CRIME AND OTHER
81	85		CRIMINAL ACTIVITY. (a) Not later than May 30 of each year, the
82	86		department shall submit to the legislature a report on border crime
83	87		and other criminal activity. The report must include:
84	88		(1) statistics for each month of the preceding
85	89		calendar year and yearly totals of all border crime, as defined by
86	90		Section 772.0071, and other criminal activity, including
87	91		transnational criminal activity, the department determines relates
88	92		to border security that occurred in each county included in a
89	93		department region that is adjacent to the Texas-Mexico border; and
90	94		(2) statewide crime statistics for the crimes reported
91	95		under Subdivision (1).
92	96		(b) In compiling the information for the report, the
93	97		department shall use information available in the National
94	98		Incident-Based Reporting System of the Uniform Crime Reporting
95	99		Program of the Federal Bureau of Investigation and the Texas
96	100		Incident-Based Reporting System of the department.
97	101		ARTICLE 3. METAL RECYCLING, VEHICLE INSPECTION, AND PROVISIONS
98	102		APPLYING TO MORE THAN ONE REGULATORY PROGRAM
99	103		SECTION 3.001. Section 411.0891, Government Code, is
100	104		amended by amending Subsection (a) and adding Subsection (d) to
101	105		read as follows:
102	106		(a) Subject to Section 411.087, the department is
103	107		authorized to obtain and use criminal history record information
104	108		maintained by the Federal Bureau of Investigation or the department
105	109		that relates to a person who:
106	110		(1) is an applicant for or holds a registration issued
107	111		by the director under Subchapter C, Chapter 481, Health and Safety
108	112		Code, that authorizes the person to manufacture, distribute,
109	113		analyze, or conduct research with a controlled substance;
110	114		(2) is an applicant for or holds a registration issued
111	115		by the department under Chapter 487, Health and Safety Code, to be a
112	116		director, manager, or employee of a dispensing organization, as
113	117		defined by Section 487.001 [a chemical precursor transfer permit
114	118		issued by the director under Section 481.078], Health and Safety
115	119		Code;
116	120		(3) is an applicant for or holds an authorization
117	121		issued by the department under Section 521.2476, Transportation
118	122		Code, to do business in this state as a vendor of ignition interlock
119	123		devices [a chemical laboratory apparatus transfer permit issued by
120	124		the director under Section 481.081, Health and Safety Code];
121	125		(4) is an applicant for or holds certification by the
122	126		department as an inspection station or an inspector under
123	127		Subchapter G, Chapter 548, Transportation Code, holds an inspection
124	128		station or inspector certificate issued under that subchapter, or
125	129		is the owner of an inspection station operating under that chapter;
126	130		or
127	131		(5) is an applicant for or holds a certificate of
128	132		registration issued by the department under Chapter 1956,
129	133		Occupations Code, to act as a metal recycling entity [approval or
130	134		has been approved as a program sponsor by the department under
131	135		Chapter 662, Transportation Code, is an applicant for certification
132	136		by the department as an instructor under that chapter, or holds an
133	137		instructor certificate issued under that chapter].
134	138		(d) The department may require any person for whom the
135	139		department is authorized to obtain and use criminal history record
136	140		information maintained by the Federal Bureau of Investigation or
137	141		the department under Subsection (a) to submit a complete and
138	142		legible set of fingerprints to the department on a form prescribed
139	143		by the department for the purpose of obtaining criminal history
140	144		record information.
141	145		SECTION 3.002. Chapter 411, Government Code, is amended by
142	146		adding Subchapters Q and R to read as follows:
143	147		SUBCHAPTER Q. POWERS AND DUTIES RELATED TO CERTAIN REGULATORY
144	148		PROGRAMS
145	149		Sec. 411.501. DEFINITION. In this subchapter, "license"
146	150		means a license, certificate, registration, permit, or other form
147	151		of authorization required by law or a state agency rule that must be
148	152		obtained by a person to engage in a particular activity, business,
149	153		occupation, or profession.
150		-	Sec. 411.502. APPLICABILITY. ~~This subchapter applies to a~~
151		-	program, and ~~persons regulated under the program, administered by~~
152		-	~~the department~~ under the ~~following laws~~, ~~including rules adopted~~
153		-	under those laws:
	154	+	Sec. 411.502. APPLICABILITY. Except as otherwise provided
	155	+	by this subchapter, this subchapter applies to a program, and
	156	+	persons regulated under the program, administered by the department
	157	+	under the following laws, including rules adopted under those laws:
154	158		(1) Section 411.0625;
155	159		(2) Chapter 487, Health and Safety Code;
156	160		(3) Chapter 1702, Occupations Code;
157	161		(4) Chapter 1956, Occupations Code;
158	162		(5) Section 521.2476, Transportation Code; and
159	163		(6) Subchapter G, Chapter 548, Transportation Code.
160		-	Sec. 411.503. FINAL ENFORCEMENT AUTHORITY. (a) Except as
161		-	provided by Section 411.506(b), the commission shall make the final
162		-	determination in an administrative action against a person for a
163		-	violation of a law or rule governing a program or person subject to
164		-	this subchapter.
165		-	(b) The commission may not delegate the duty under
166		-	Subsection (a).
	164	+	Sec. 411.503. FINAL ENFORCEMENT AUTHORITY. (a) This
	165	+	section does not apply to an administrative action against a person
	166	+	who violates a law or rule governing the program administered by the
	167	+	department under Chapter 1702, Occupations Code.
	168	+	(b) Except as provided by Section 411.506(b), the
	169	+	commission shall make the final determination in an administrative
	170	+	action against a person for a violation of a law or rule governing a
	171	+	program or person subject to this subchapter.
	172	+	(c) The commission may not delegate the duty under
	173	+	Subsection (b).
167	174		Sec. 411.504. COMPLAINTS. (a) The department shall
168	175		maintain a system to promptly and efficiently act on complaints
169	176		filed with the department regarding a violation of a law or rule
170	177		governing a program or person subject to this subchapter. The
171	178		department shall maintain information about parties to the
172	179		complaint, the subject matter of the complaint, a summary of the
173	180		results of the review or investigation of the complaint, and its
174	181		disposition.
175	182		(b) The department shall make information available
176	183		describing its procedures for complaint investigation and
177	184		resolution.
178	185		(c) The department shall periodically notify the complaint
179	186		parties of the status of the complaint until final disposition.
180	187		(d) On written request, the department shall inform the
181	188		person filing the complaint and each person who is a subject of the
182	189		complaint of the status of the investigation unless the information
183	190		would jeopardize an ongoing investigation.
184	191		(e) The commission shall adopt rules to:
185	192		(1) implement this section; and
186	193		(2) establish a procedure for the investigation and
187	194		resolution of complaints, including a procedure for documenting
188	195		complaints to the department from the time of the submission of the
189	196		initial complaint to the final disposition of the complaint.
190	197		Sec. 411.505. INVESTIGATIONS. The department may conduct
191	198		investigations as necessary to enforce a law or rule governing a
192	199		program or person subject to this subchapter.
193	200		Sec. 411.506. INFORMAL COMPLAINT RESOLUTION AND INFORMAL
194	201		PROCEEDINGS. (a) The commission by rule shall establish
195	202		procedures for the informal resolution of complaints filed with the
196	203		department related to a violation of a law or rule governing a
197	204		program or person subject to this subchapter, including procedures
198	205		governing:
199	206		(1) informal disposition of a contested case under
200	207		Section 2001.056; and
201	208		(2) an informal proceeding held in compliance with
202	209		Section 2001.054.
203	210		(b) Any settlement agreement arising from the procedures
204	211		described by Subsection (a) must be approved by the director or the
205	212		director's designee.
206	213		Sec. 411.507. LICENSE DENIAL; ADMINISTRATIVE SANCTION.
207	214		(a) This section applies to a person required to obtain a license
208	215		under a program subject to this subchapter.
209	216		(b) The commission may deny an application for, revoke,
210	217		suspend, or refuse to renew a license or may reprimand a license
211	218		holder for a violation of a law or rule governing a program subject
212	219		to this subchapter.
213	220		(c) The commission may place on probation a person whose
214	221		license is suspended. If a license suspension is probated, the
215	222		commission may require the person to:
216	223		(1) report regularly to the department on matters that
217	224		are the basis of the probation;
218	225		(2) limit practice to the areas prescribed by the
219	226		department; or
220	227		(3) continue or renew education until the person
221	228		attains a degree of competency satisfactory to the commission in
222	229		those areas that are the basis for the probation.
223	230		(d) The commission shall develop a penalty schedule for each
224	231		program subject to this subchapter consisting of administrative
225	232		sanctions authorized under Subsections (b) and (c) based on the
226	233		severity and frequency of a violation of a law or rule related to
227	234		the program.
228	235		Sec. 411.508. RIGHT TO NOTICE AND HEARING; ADMINISTRATIVE
229	236		PROCEDURE. (a) For each program subject to this subchapter, a
230	237		person is entitled to notice and a hearing if the commission
231	238		proposes to:
232	239		(1) deny an application for, revoke, suspend, or
233	240		refuse to renew a license;
234	241		(2) reprimand a license holder; or
235	242		(3) place a license holder on probation.
236		-	(b) A proceeding to impose an administrative sanction as
237		-	described by Subsection (a) is a contested case under Chapter 2001.
	243	+	(b) Except as provided by Subchapter R, Chapter 1702,
	244	+	Occupations Code, a proceeding to impose an administrative sanction
	245	+	as described by Subsection (a) is a contested case under Chapter
	246	+	2001.
238	247		(c) Unless otherwise provided by law, judicial review of an
239	248		administrative sanction or penalty imposed by the commission is
240	249		under the substantial evidence rule as provided by Subchapter G,
241	250		Chapter 2001.
242	251		Sec. 411.509. CEASE AND DESIST ORDER. The department may
243	252		issue a cease and desist order if the department determines that the
244	253		action is necessary to prevent a violation of a law or rule
245	254		governing a program or person subject to this subchapter.
246	255		Sec. 411.510. INJUNCTIVE RELIEF. (a) On request of the
247	256		department, the attorney general shall institute an action for
248	257		injunctive relief to restrain a person in violation of or
249	258		threatening to violate a law or rule governing a program or person
250	259		subject to this subchapter.
251	260		(b) An action filed under this section shall be filed in a
252	261		district court in:
253	262		(1) Travis County; or
254	263		(2) the county in which the violation allegedly
255	264		occurred or is threatened to occur.
256	265		(c) The attorney general may recover reasonable expenses
257	266		incurred in obtaining injunctive relief under this section,
258	267		including court costs, attorney's fees, investigative costs,
259	268		witness fees, and deposition expenses.
260	269		Sec. 411.511. STAGGERED RENEWAL; PRORATION OF LICENSE FEE.
261	270		(a) The commission by rule may adopt a system under which licenses
262	271		expire on various dates during the year.
263	272		(b) A license issued under a program governed by this
264	273		subchapter may not expire later than the second anniversary of the
265	274		date the license is issued.
266	275		(c) For the year in which the expiration date of a license is
267	276		changed, the department shall prorate license fees on a monthly
268	277		basis so that each license holder pays only that portion of the
269	278		license fee that is allocable to the number of months during which
270	279		the license is valid. On renewal of the license on the new
271	280		expiration date, the total license renewal fee is payable.
272	281		Sec. 411.512. ANNUAL REGULATORY REPORT. (a) The
273	282		department shall annually make available on the department's
274	283		Internet website a report of regulatory statistics for the
275	284		preceding state fiscal year for each program subject to this
276	285		subchapter and aggregate information on all the programs.
277	286		(b) The report must include, as applicable, information
278	287		regarding:
279	288		(1) the number of licenses issued under the program;
280	289		(2) the number and types of complaints received and
281	290		resolved by the department;
282	291		(3) the number of investigations conducted by the
283	292		department; and
284	293		(4) the number and types of disciplinary actions taken
285	294		by the department.
286	295		SUBCHAPTER R. ADMINISTRATIVE PENALTY
287	296		Sec. 411.521. DEFINITION. In this subchapter, "license"
288	297		has the meaning assigned by Section 411.501.
289		-	Sec. 411.522. APPLICABILITY. This subchapter applies to a
290		-	program, and persons regulated under the program, to which Section
291		-	411.502 applies.
	298	+	Sec. 411.522. APPLICABILITY. (a) Except as provided by
	299	+	Subsection (b), this subchapter applies to a program, and persons
	300	+	regulated under the program, to which Section 411.502 applies.
	301	+	(b) The procedures of this subchapter governing a
	302	+	proceeding to impose an administrative penalty on a person who
	303	+	violates a law or rule of the program administered by the department
	304	+	under Chapter 1702, Occupations Code, apply to the extent the
	305	+	procedures are consistent with Subchapter R, Chapter 1702,
	306	+	Occupations Code.
292	307		Sec. 411.523. IMPOSITION OF PENALTY. The commission may
293	308		impose an administrative penalty against a person who violates:
294	309		(1) a law establishing a program subject to this
295	310		subchapter; or
296	311		(2) a rule adopted or order issued by the commission
297	312		under a law described by Subdivision (1).
298	313		Sec. 411.524. AMOUNT OF PENALTY. (a) If the relevant law
299	314		establishing a program subject to this subchapter does not state
300	315		the maximum amount of an administrative penalty under that law, the
301	316		amount of the penalty shall be assessed by the commission in an
302	317		amount not to exceed $5,000 per day for each violation. Each day a
303	318		violation continues or occurs is a separate violation for purposes
304	319		of imposing a penalty.
305	320		(b) The amount of the penalty shall be based on:
306	321		(1) the seriousness of the violation;
307	322		(2) the respondent's history of previous violations;
308	323		(3) the amount necessary to deter a future violation;
309	324		(4) efforts made by the respondent to correct the
310	325		violation; and
311	326		(5) any other matter that justice may require.
312	327		(c) The commission shall establish a written enforcement
313	328		plan that provides notice to license holders of the specific ranges
314	329		of penalties that apply to specific alleged violations and the
315	330		criteria by which the department determines the amount of a
316	331		proposed administrative penalty.
317	332		Sec. 411.525. IMPOSITION OF SANCTION. A proceeding under
318	333		this subchapter imposing an administrative penalty may be combined
319	334		with a proceeding to impose an administrative sanction. If a
320	335		sanction is imposed in a proceeding under this subchapter, the
321	336		requirements of this subchapter apply to the imposition of the
322	337		sanction.
323	338		Sec. 411.526. NOTICE OF VIOLATION AND PENALTY. If, after
324	339		investigation of a possible violation and the facts surrounding the
325	340		possible violation, the department determines that a violation
326	341		occurred, the department shall issue to the respondent a notice of
327	342		alleged violation stating:
328	343		(1) a brief summary of the alleged violation;
329	344		(2) the amount of the recommended administrative
330	345		penalty; and
331	346		(3) that the respondent has the right to a hearing to
332	347		contest the alleged violation, the amount of the penalty, or both.
333	348		Sec. 411.527. PENALTY TO BE PAID OR HEARING REQUESTED.
334	349		(a) Not later than the 20th day after the date the respondent
335	350		receives the notice, the respondent may:
336	351		(1) accept the department's determination and
337	352		recommended administrative penalty; or
338	353		(2) make a written request for a hearing on that
339	354		determination.
340	355		(b) If the respondent accepts the department's
341	356		determination, the commission by order may approve the
342	357		determination and require the person to pay the recommended
343	358		penalty.
344	359		Sec. 411.528. HEARING ON RECOMMENDATIONS. (a) If the
345	360		respondent requests a hearing, the hearing shall be conducted by
346	361		the department or the State Office of Administrative Hearings.
347	362		(b) The State Office of Administrative Hearings shall
348	363		consider the department's applicable substantive rules and
349	364		policies when conducting a hearing under this subchapter.
350	365		(c) A department hearing officer or an administrative law
351	366		judge at the State Office of Administrative Hearings, as
352	367		applicable, shall:
353	368		(1) make findings of fact and conclusions of law; and
354	369		(2) promptly issue to the commission a proposal for
355	370		decision as to the occurrence of the violation and the amount of any
356	371		proposed administrative penalty.
357	372		Sec. 411.529. DECISION BY COMMISSION. (a) Based on the
358	373		findings of fact, conclusions of law, and proposal for decision,
359	374		the commission by order may determine that:
360	375		(1) a violation occurred and impose an administrative
361	376		penalty; or
362	377		(2) a violation did not occur.
363	378		(b) The department shall give notice of the order to the
364	379		respondent.
365	380		(c) The order under this section must include:
366	381		(1) separate statements of the findings of fact and
367	382		conclusions of law;
368	383		(2) the amount of any penalty imposed;
369	384		(3) a statement of the right of the respondent to
370	385		judicial review of the order; and
371	386		(4) any other information required by law.
372	387		Sec. 411.530. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
373	388		(a) Not later than the 30th day after the date the commission's
374	389		order becomes final, the respondent shall:
375	390		(1) pay the penalty; or
376	391		(2) file a petition for judicial review contesting the
377	392		order and:
378	393		(A) forward the penalty to the department for
379	394		deposit in an escrow account; or
380	395		(B) give the department a supersedeas bond in a
381	396		form approved by the department that:
382	397		(i) is for the amount of the penalty; and
383	398		(ii) is effective until judicial review of
384	399		the decision is final.
385	400		(b) A respondent who is financially unable to comply with
386	401		Subsection (a)(2) is entitled to judicial review if the respondent
387	402		files with the court, as part of the respondent's petition for
388	403		judicial review, a sworn statement that the respondent is unable to
389	404		meet the requirements of Subsection (a)(2).
390	405		Sec. 411.531. COLLECTION OF PENALTY. If the person on whom
391	406		the administrative penalty is imposed violates Section 411.530(a),
392	407		the department or the attorney general may bring an action to
393	408		collect the penalty.
394	409		Sec. 411.532. REMITTANCE OF PENALTY AND INTEREST. (a) If,
395	410		after judicial review, the administrative penalty is reduced or not
396	411		imposed, the department shall:
397	412		(1) remit to the person the appropriate amount, plus
398	413		accrued interest, if the person paid the amount of the penalty; or
399	414		(2) execute a release of the bond, if the person posted
400	415		a supersedeas bond.
401	416		(b) The interest paid under Subsection (a)(1) is accrued at
402	417		the rate charged on loans to depository institutions by the New York
403	418		Federal Reserve Bank. The interest shall be paid for the period
404	419		beginning on the date the penalty is paid to the department and
405	420		ending on the date the penalty is remitted.
406	421		Sec. 411.533. ADMINISTRATIVE PROCEDURE. (a) The
407	422		commission by rule shall prescribe procedures for the determination
408	423		and appeal of a decision to impose an administrative penalty.
409	424		(b) A proceeding under this subchapter to impose an
410	425		administrative penalty is a contested case under Chapter 2001.
411	426		SECTION 3.003. Section 1956.151, Occupations Code, is
412	427		amended to read as follows:
413	428		Sec. 1956.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
414	429		The commission [department] shall deny an application for a
415	430		certificate of registration, suspend or revoke a certificate of
416	431		registration, or reprimand a person who is registered under this
417	432		chapter if the person:
418	433		(1) obtains a certificate of registration by means of
419	434		fraud, misrepresentation, or concealment of a material fact;
420	435		(2) sells, barters, or offers to sell or barter a
421	436		certificate of registration;
422	437		(3) violates a provision of this chapter or a rule
423	438		adopted under this chapter; or
424	439		(4) violates Section 1956.021.
425	440		SECTION 3.004. Sections 548.405(a), (c), and (g),
426	441		Transportation Code, are amended to read as follows:
427	442		(a) The commission [department] may deny a person's
428	443		application for a certificate, revoke or suspend the certificate of
429	444		a person, inspection station, or inspector, place on probation a
430	445		person who holds a suspended certificate, or reprimand a person who
431	446		holds a certificate if:
432	447		(1) the station or inspector conducts an inspection,
433	448		fails to conduct an inspection, or issues a certificate:
434	449		(A) in violation of this chapter or a rule
435	450		adopted under this chapter; or
436	451		(B) without complying with the requirements of
437	452		this chapter or a rule adopted under this chapter;
438	453		(2) the person, station, or inspector commits an
439	454		offense under this chapter or violates this chapter or a rule
440	455		adopted under this chapter;
441	456		(3) the applicant or certificate holder does not meet
442	457		the standards for certification under this chapter or a rule
443	458		adopted under this chapter;
444	459		(4) the station or inspector does not maintain the
445	460		qualifications for certification or does not comply with a
446	461		certification requirement under this subchapter [Subchapter G];
447	462		(5) the certificate holder or the certificate holder's
448	463		agent, employee, or representative commits an act or omission that
449	464		would cause denial, revocation, or suspension of a certificate to
450	465		an individual applicant or certificate holder; or
451	466		(6) the station or inspector does not pay a fee
452	467		required by Subchapter H[; or
453	468		[(7) the inspector or owner of an inspection station
454	469		is convicted of a:
455	470		[(A) felony or Class A or Class B misdemeanor;
456	471		[(B) similar crime under the jurisdiction of
457	472		another state or the federal government that is punishable to the
458	473		same extent as a felony or a Class A or Class B misdemeanor in this
459	474		state; or
460	475		[(C) crime under the jurisdiction of another
461	476		state or the federal government that would be a felony or a Class A
462	477		or Class B misdemeanor if the crime were committed in this state].
463	478		(c) If the commission [department] suspends a certificate
464	479		because of a violation of Subchapter F, the suspension must be for a
465	480		period of not less than six months. [The suspension may not be
466	481		probated or deferred.]
467	482		(g) The commission [department] may not suspend, revoke, or
468	483		deny all certificates of a person who holds more than one inspection
469	484		station certificate based on a suspension, revocation, or denial of
470	485		one of that person's inspection station certificates without proof
471	486		of culpability related to a prior action under this subsection.
472	487		SECTION 3.005. Subchapter G, Chapter 548, Transportation
473	488		Code, is amended by adding Section 548.4055 to read as follows:
474	489		Sec. 548.4055. RULES REGARDING CRIMINAL CONVICTIONS. The
475	490		commission shall adopt rules necessary to comply with Chapter 53,
476	491		Occupations Code, with respect to the certification of persons
477	492		under this subchapter. The commission's rules must list the
478	493		specific offenses for each category of persons regulated under this
479	494		subchapter for which a conviction would constitute grounds for the
480	495		commission to take action under Section 53.021, Occupations Code.
481	496		SECTION 3.006. Sections 548.407(d) and (e), Transportation
482	497		Code, are amended to read as follows:
483	498		(d) The commission [department] may provide that a
484	499		revocation or suspension takes effect on receipt of notice under
485	500		Subsection (b) if the commission [department] finds that the action
486	501		is necessary to prevent or remedy a threat to public health, safety,
487	502		or welfare. Violations that present a threat to public health,
488	503		safety, or welfare include:
489	504		(1) issuing a passing vehicle inspection report or
490	505		submitting inspection information to the department's database
491	506		with knowledge that the issuance or submission is in violation of
492	507		this chapter or rules adopted under this chapter;
493	508		(2) falsely or fraudulently representing to the owner
494	509		or operator of a vehicle that equipment inspected or required to be
495	510		inspected must be repaired, adjusted, or replaced for the vehicle
496	511		to pass an inspection;
497	512		(3) issuing a vehicle inspection report or submitting
498	513		inspection information to the department's database:
499	514		(A) without authorization to issue the report or
500	515		submit the information; or
501	516		(B) without inspecting the vehicle;
502	517		(4) issuing a passing vehicle inspection report or
503	518		submitting inspection information to the department's database for
504	519		a vehicle with knowledge that the vehicle has not been repaired,
505	520		adjusted, or corrected after an inspection has shown a repair,
506	521		adjustment, or correction to be necessary;
507	522		(5) knowingly issuing a passing vehicle inspection
508	523		report or submitting inspection information to the department's
509	524		database:
510	525		(A) for a vehicle without conducting an
511	526		inspection of each item required to be inspected; or
512	527		(B) for a vehicle that is missing an item
513	528		required to be inspected or that has an item required to be
514	529		inspected that is not in compliance with state law or department
515	530		rules;
516	531		(6) refusing to allow a vehicle's owner to have a
517	532		qualified person of the owner's choice make a required repair,
518	533		adjustment, or correction;
519	534		(7) charging for an inspection an amount greater than
520	535		the authorized fee;
521	536		(8) a violation of Subchapter F;
522	537		(9) a violation of Section 548.603; or
523	538		(10) a conviction of a felony or a Class A or B
524	539		misdemeanor that directly relates to or affects the duties or
525	540		responsibilities of a vehicle inspection station or inspector or a
526	541		conviction of a similar crime under the jurisdiction of another
527	542		state or the federal government.
528	543		(e) The commission may adopt rules to implement this
529	544		section. [For purposes of Subsection (d)(10), a person is
530	545		convicted of an offense if a court enters against the person an
531	546		adjudication of the person's guilt, including an order of probation
532	547		or deferred adjudication.]
533	548		SECTION 3.007. Subchapter G, Chapter 548, Transportation
534	549		Code, is amended by adding Section 548.410 to read as follows:
535	550		Sec. 548.410. EXPIRATION OF CERTIFICATE. A certificate
536	551		issued to an inspector or an inspection station under this
537	552		subchapter expires as determined by the department under Section
538	553		411.511, Government Code, but not later than the second anniversary
539	554		of the date the certificate is issued.
540	555		SECTION 3.008. Section 548.506, Transportation Code, is
541	556		amended to read as follows:
542	557		Sec. 548.506. FEE FOR CERTIFICATION AS INSPECTOR. (a) The
543	558		commission by rule shall establish reasonable and necessary fees
544	559		for certification as an inspector.
545	560		(b) The fees established under this section may not be less
546	561		than an amount equal to:
547	562		(1) [An applicant for certification as an inspector
548	563		must submit with the applicant's first application a fee of] $25 for
549	564		initial certification until August 31 of the even-numbered year
550	565		following the date of certification; and
551	566		(2) [. To be certified after August 31 of that year,
552	567		the applicant must pay] $25 as a certificate fee for each subsequent
553	568		two-year period.
554	569		SECTION 3.009. Section 548.507, Transportation Code, is
555	570		amended to read as follows:
556	571		Sec. 548.507. FEE FOR CERTIFICATION AS INSPECTION STATION.
557	572		(a) The commission by rule shall establish reasonable and
558	573		necessary fees for certification as an inspection station.
559	574		(b) The fees established under this section may not be less
560	575		than:
561	576		(1) except [Except] as provided by Subdivision (2) or
562	577		(3):
563	578		(A) [Subsection (b) or (c), after an applicant
564	579		for certification as an inspection station is notified that the
565	580		application will be approved, the applicant must pay a fee of] $100
566	581		for certification until August 31 of the odd-numbered year after
567	582		the date of appointment as an inspection station; and
568	583		(B) [. To be certified after August 31 of that
569	584		year, the applicant must pay a fee of] $100 for certification for
570	585		each subsequent two-year period;
571	586		(2) if [. (b) If] an applicant for certification as an
572	587		inspection station has been convicted of a violation of this
573	588		chapter relating to an emissions inspection under Subchapter F:
574	589		(A) [, after notification that the application
575	590		will be approved, the applicant must pay a fee of] $500 for
576	591		certification until August 31 of the odd-numbered year after the
577	592		date of appointment as an inspection station; and
578	593		(B) [. To be certified after August 31 of that
579	594		year, the applicant must pay a fee of] $100 for certification for
580	595		each subsequent two-year period; and
581	596		(3) if [. (c) If] an applicant for certification as
582	597		an inspection station has been convicted of two or more violations
583	598		of this chapter relating to an emissions inspection under
584	599		Subchapter F:
585	600		(A) [, after notification that the application
586	601		will be approved, the applicant must pay a fee of] $1,500 for
587	602		certification until August 31 of the odd-numbered year after the
588	603		date of appointment as an inspection station; and
589	604		(B) [. To be certified after August 31 of that
590	605		year, the applicant must pay a fee of] $100 for certification for
591	606		each subsequent two-year period.
592	607		SECTION 3.010. The following provisions are repealed:
593	608		(1) Sections 1956.014(b) and (c), Occupations Code;
594	609		(2) Sections 1956.041(b-2), (c), (d), (e), and (f),
595	610		Occupations Code;
596	611		(3) Section 1956.152, Occupations Code;
597	612		(4) Sections 548.405(b), (h), and (i), Transportation
598	613		Code;
599	614		(5) Section 548.406, Transportation Code;
600	615		(6) Sections 548.407(f), (g), (h), (i), (j), (k), and
601	616		(l), Transportation Code; and
602	617		(7) Section 548.409, Transportation Code.
603	618		SECTION 3.011. As soon as practicable after the effective
604	619		date of this Act, the Public Safety Commission shall adopt rules
605	620		necessary to implement the changes in law made by this Act to
606	621		Chapter 411, Government Code, Chapter 1956, Occupations Code, and
607	622		Chapter 548, Transportation Code.
608	623		SECTION 3.012. Section 411.0891, Government Code, and
609	624		Sections 548.405 and 548.407, Transportation Code, as amended by
610	625		this Act, apply only to an application for the issuance or renewal
611	626		of a license submitted on or after the effective date of this Act.
612	627		An application for the issuance or renewal of a license submitted
613	628		before that date is governed by the law in effect on the date the
614	629		application was submitted, and the former law is continued in
615	630		effect for that purpose.
616	631		SECTION 3.013. Section 548.405(c), Transportation Code, as
617	632		amended by this Act, applies only to a person placed on probation on
618	633		or after the effective date of this Act. A person placed on
619	634		probation before the effective date of this Act is governed by the
620	635		law in effect on the date the person was placed on probation, and
621	636		the former law is continued in effect for that purpose.
622	637		SECTION 3.014. Section 1956.041, Occupations Code, and
623	638		Sections 548.405 and 548.407, Transportation Code, as amended by
624	639		this Act, apply only to a proceeding initiated on or after the
625	640		effective date of this Act. A proceeding initiated before the
626	641		effective date of this Act is governed by the law in effect on the
627	642		date the proceeding was initiated, and the former law is continued
628	643		in effect for that purpose.
629	644		ARTICLE 4. CERTAIN PROGRAMS REGULATING CONTROLLED SUBSTANCES,
630	645		PRECURSOR CHEMICALS, AND LABORATORY APPARATUSES
631	646		SECTION 4.001. Sections 481.077(c), (i), and (k), Health
632	647		and Safety Code, are amended to read as follows:
633	648		(c) This section does [and Section 481.078 do] not apply to
634	649		a person to whom a registration has been issued by the Federal Drug
635	650		Enforcement Agency or who is exempt from such registration.
636	651		(i) A manufacturer, wholesaler, retailer, or other person
637	652		who [receives from a source outside this state a chemical precursor
638	653		subject to Subsection (a) or who] discovers a loss or theft of a
639	654		chemical precursor subject to Subsection (a) shall:
640	655		(1) submit a report of the transaction to the director
641	656		in accordance with department rule; and
642	657		(2) include in the report:
643	658		(A) any difference between the amount of the
644	659		chemical precursor actually received and the amount of the chemical
645	660		precursor shipped according to the shipping statement or invoice;
646	661		or
647	662		(B) the amount of the loss or theft.
648	663		(k) A [Unless the person is the holder of only a permit
649	664		issued under Section 481.078(b)(1), a] manufacturer, wholesaler,
650	665		retailer, or other person who sells, transfers, or otherwise
651	666		furnishes any chemical precursor subject to Subsection (a), or a
652	667		[permit holder,] commercial purchaser[,] or other person who
653	668		receives a chemical precursor subject to Subsection (a):
654	669		(1) shall maintain records and inventories in
655	670		accordance with rules established by the director;
656	671		(2) shall allow a member of the department or a peace
657	672		officer to conduct audits and inspect records of purchases and
658	673		sales and all other records made in accordance with this section at
659	674		any reasonable time; and
660	675		(3) may not interfere with the audit or with the full
661	676		and complete inspection or copying of those records.
662	677		SECTION 4.002. The heading to Section 481.080, Health and
663	678		Safety Code, is amended to read as follows:
664	679		Sec. 481.080. CHEMICAL LABORATORY APPARATUS RECORD-KEEPING
665	680		REQUIREMENTS [AND PENALTIES].
666	681		SECTION 4.003. Sections 481.080(d), (j), and (l), Health
667	682		and Safety Code, are amended to read as follows:
668	683		(d) This section does [and Section 481.081 do] not apply to
669	684		a person to whom a registration has been issued by the Federal Drug
670	685		Enforcement Agency or who is exempt from such registration.
671	686		(j) A manufacturer, wholesaler, retailer, or other person
672	687		who [receives from a source outside this state a chemical
673	688		laboratory apparatus subject to Subsection (a) or who] discovers a
674	689		loss or theft of such an apparatus shall:
675	690		(1) submit a report of the transaction to the director
676	691		in accordance with department rule; and
677	692		(2) include in the report:
678	693		(A) any difference between the number of the
679	694		apparatus actually received and the number of the apparatus shipped
680	695		according to the shipping statement or invoice; or
681	696		(B) the number of the loss or theft.
682	697		(l) This subsection applies to a manufacturer, wholesaler,
683	698		retailer, or other person who sells, transfers, or otherwise
684	699		furnishes any chemical laboratory apparatus subject to Subsection
685	700		(a) and to a [permit holder,] commercial purchaser[,] or other
686	701		person who receives such an apparatus [unless the person is the
687	702		holder of only a permit issued under Section 481.081(b)(1)]. A
688	703		person covered by this subsection:
689	704		(1) shall maintain records and inventories in
690	705		accordance with rules established by the director;
691	706		(2) shall allow a member of the department or a peace
692	707		officer to conduct audits and inspect records of purchases and
693	708		sales and all other records made in accordance with this section at
694	709		any reasonable time; and
695	710		(3) may not interfere with the audit or with the full
696	711		and complete inspection or copying of those records.
697	712		SECTION 4.004. Section 481.111(a), Health and Safety Code,
698	713		is amended to read as follows:
699	714		(a) The provisions of this chapter relating to the
700	715		possession and distribution of peyote do not apply to the use of
701	716		peyote by a member of the Native American Church in bona fide
702	717		religious ceremonies of the church or to[. However,] a person who
703	718		supplies the substance to the church [must register and maintain
704	719		appropriate records of receipts and disbursements in accordance
705	720		with rules adopted by the director]. An exemption granted to a
706	721		member of the Native American Church under this section does not
707	722		apply to a member with less than 25 percent Indian blood.
708	723		SECTION 4.005. Section 481.136(a), Health and Safety Code,
709	724		is amended to read as follows:
710	725		(a) A person commits an offense if the person sells,
711	726		transfers, furnishes, or receives a chemical precursor subject to
712	727		Section 481.077(a) and the person:
713	728		(1) [does not hold a chemical precursor transfer
714	729		permit as required by Section 481.078 at the time of the
715	730		transaction;
716	731		[(2)] does not comply with Section 481.077 or
717	732		481.0771;
718	733		(2) [(3)] knowingly makes a false statement in a
719	734		report or record required by Section 481.077 or[,] 481.0771[, or
720	735		481.078]; or
721	736		(3) [(4)] knowingly violates a rule adopted under
722	737		Section 481.077 or[,] 481.0771[, or 481.078].
723	738		SECTION 4.006. Section 481.138(a), Health and Safety Code,
724	739		is amended to read as follows:
725	740		(a) A person commits an offense if the person sells,
726	741		transfers, furnishes, or receives a chemical laboratory apparatus
727	742		subject to Section 481.080(a) and the person:
728	743		(1) [does not have a chemical laboratory apparatus
729	744		transfer permit as required by Section 481.081 at the time of the
730	745		transaction;
731	746		[(2)] does not comply with Section 481.080;
732	747		(2) [(3)] knowingly makes a false statement in a
733	748		report or record required by Section 481.080 [or 481.081]; or
734	749		(3) [(4)] knowingly violates a rule adopted under
735	750		Section 481.080 [or 481.081].
736	751		SECTION 4.007. Section 481.301, Health and Safety Code, is
737	752		amended to read as follows:
738	753		Sec. 481.301. IMPOSITION OF PENALTY. The department may
739	754		impose an administrative penalty on a person who violates Section
740	755		481.067, 481.077, 481.0771, or [481.078,] 481.080[, or 481.081] or
741	756		a rule or order adopted under any of those sections.
742	757		SECTION 4.008. Section 487.053(b), Health and Safety Code,
743	758		is amended to read as follows:
744	759		(b) Subject to Section 411.503, Government Code, the [The]
745	760		department shall enforce compliance of licensees and registrants
746	761		and shall adopt procedures for suspending or revoking a license or
747	762		registration issued under this chapter and for renewing a license
748	763		or registration issued under this chapter.
749	764		SECTION 4.009. Sections 487.104(b) and (c), Health and
750	765		Safety Code, are amended to read as follows:
751	766		(b) If the department denies the issuance or renewal of a
752	767		license under Subsection (a), the applicant is entitled to a
753	768		hearing. Chapter 2001, Government Code, applies to a proceeding
754	769		under this section. [The department shall give written notice of
755	770		the grounds for denial to the applicant at least 30 days before the
756	771		date of the hearing.]
757	772		(c) A license issued or renewed under this section expires
758	773		as determined by the department in accordance with Section 411.511,
759	774		Government Code [on the second anniversary of the date of issuance
760	775		or renewal, as applicable].
761	776		SECTION 4.010. Section 487.105(c), Health and Safety Code,
762	777		is amended to read as follows:
763	778		(c) The department shall conduct a criminal history
764	779		background check on each individual whose name is provided to the
765	780		department under Subsection (a) or (b). The director by rule shall:
766	781		(1) require each individual whose name is provided to
767	782		the department under Subsection (a) or (b) [determine the manner by
768	783		which an individual is required] to submit a complete set of
769	784		fingerprints to the department on a form prescribed by the
770	785		department for purposes of a criminal history background check
771	786		under this section; and
772	787		(2) establish criteria for determining whether an
773	788		individual passes the criminal history background check for the
774	789		purposes of this section.
775	790		SECTION 4.011. The following provisions of the Health and
776	791		Safety Code are repealed:
777	792		(1) Sections 481.077(e), (f), (g), and (h);
778	793		(2) Section 481.078;
779	794		(3) Sections 481.080(f), (g), (h), and (i); and
780	795		(4) Section 481.081.
781	796		SECTION 4.012. As soon as practicable after the effective
782	797		date of this Act, the public safety director of the Department of
783	798		Public Safety shall adopt rules to implement the changes made by
784	799		Section 487.105(c), Health and Safety Code, as amended by this Act.
785	800		SECTION 4.013. The changes in law made by this Act to
786	801		Chapter 481, Health and Safety Code, apply only to an offense or
787	802		violation committed on or after the effective date of this Act. An
788	803		offense or violation committed before the effective date of this
789	804		Act is governed by the law in effect on the date the offense or
790	805		violation was committed, and the former law is continued in effect
791	806		for that purpose. For purposes of this section, an offense or
792	807		violation was committed before the effective date of this Act if any
793	808		element of the offense or violation occurred before that date.
794	809		SECTION 4.014. On the effective date of this Act, a permit
795	810		issued under former Section 481.078 or 481.081, Health and Safety
796	811		Code, expires.
797	812		ARTICLE 5. PRIVATE SECURITY
798	813		SECTION 5.001. Section 1702.002, Occupations Code, is
799	814		amended by amending Subdivisions (2), (5), (5-a), (17), and (21)
800	815		and adding Subdivisions (4), (5-b), (5-c), and (8-a) to read as
801	816		follows:
802	817		(2) "Branch office" means an office that is:
803	818		(A) identified to the public as a place from
804	819		which business is conducted, solicited, or advertised; and
805	820		(B) at a place other than the principal place of
806	821		business as shown in department [board] records.
807	822		(4) "Commission" means the Public Safety Commission.
808	823		(5) "Commissioned security officer" means a security
809	824		officer to whom a security officer commission has been issued by the
810	825		department [board].
811	826		(5-a) "Committee" means the Texas Private Security
812	827		Advisory Committee established under this chapter.
813	828		(5-b) "Company license" means a license issued by the
814	829		department that entitles a person to operate as a security services
815	830		contractor or investigations company.
816	831		(5-c) "Department" means the Department of Public
817	832		Safety of the State of Texas.
818	833		(8-a) "Individual license" means a license issued by
819	834		the department that entitles an individual to perform a service
820	835		regulated by this chapter for a company license holder, including a
821	836		personal protection officer license.
822	837		(17) "Personal protection officer license
823	838		[endorsement]" means a license [permit] issued by the department
824	839		[board] that entitles an individual to act as a personal protection
825	840		officer.
826	841		(21) "Security officer commission" means an
827	842		authorization issued by the department [board] that entitles a
828	843		security officer to carry a firearm.
829	844		SECTION 5.002. Section 1702.004, Occupations Code, is
830	845		amended to read as follows:
831	846		Sec. 1702.004. GENERAL SCOPE OF REGULATION. (a) The
832	847		department [board, in addition to performing duties required by
833	848		other law or exercising powers granted by other law]:
834	849		(1) licenses investigations companies and security
835	850		services contractors;
836	851		(2) issues commissions to certain security officers;
837	852		(3) licenses [issues endorsements to] certain
838	853		security officers engaged in the personal protection of
839	854		individuals;
840	855		(4) licenses [registers and endorses]:
841	856		(A) certain individuals connected with a company
842	857		license holder; and
843	858		(B) certain individuals employed in a field
844	859		connected to private investigation or private security; and
845	860		(5) regulates company license holders, security
846	861		officers, [registrants,] and individual license [endorsement]
847	862		holders under this chapter.
848	863		(b) The commission [board] shall adopt rules necessary to
849	864		comply with Chapter 53. In its rules under this section, the
850	865		commission [board] shall list the specific offenses for each
851	866		category of regulated persons for which a conviction would
852	867		constitute grounds for the department [board] to take action under
853	868		Section 53.021.
854	869		SECTION 5.003. Section 1702.005, Occupations Code, is
855	870		amended to read as follows:
856	871		Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY; REFERENCES.
857	872		(a) [The board created under Section 1702.021 is a part of the
858	873		department.] The department shall administer this chapter [through
859	874		the board].
860	875		(b) A reference in this chapter or another law to the Texas
861	876		Commission on Private Security or the Texas Private Security Board
862	877		means the department [board].
863	878		SECTION 5.004. The heading to Subchapter B, Chapter 1702,
864	879		Occupations Code, is amended to read as follows:
865	880		SUBCHAPTER B. TEXAS PRIVATE SECURITY ADVISORY COMMITTEE [BOARD]
866	881		SECTION 5.005. Section 1702.021, Occupations Code, is
867	882		amended to read as follows:
868	883		Sec. 1702.021. COMMITTEE [BOARD] MEMBERSHIP; APPLICABILITY
869	884		OF OTHER LAW. (a) The Texas Private Security Advisory Committee
870	885		[Board] consists of seven members appointed by the commission
871	886		[governor with the advice and consent of the senate] as follows:
872	887		(1) three public members, each of whom is a citizen of
873	888		the United States;
874	889		(2) one member who is licensed under this chapter as a
875	890		private investigator;
876	891		(3) one member who is licensed under this chapter as an
877	892		alarm systems company;
878	893		(4) one member who is licensed under this chapter as
879	894		the owner or operator of a guard company; and
880	895		(5) one member who is licensed under this chapter as a
881	896		locksmith.
882	897		(b) Appointments to the committee [board] shall be made
883	898		without regard to the race, color, disability, sex, religion, age,
884	899		or national origin of the appointee.
885	900		(c) Chapter 2110, Government Code, does not apply to the
886	901		size, composition, or duration of the advisory committee or to the
887	902		appointment of the committee's presiding officer.
888	903		SECTION 5.006. Section 1702.023, Occupations Code, is
889	904		amended to read as follows:
890	905		Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The
891	906		committee's [board's] public members must be representatives of the
892	907		general public. A person may not be a public member of the
893	908		committee [board] if the person or the person's spouse:
894	909		(1) is registered, commissioned, certified, or
895	910		licensed by a regulatory agency in the field of private
896	911		investigations or private security;
897	912		(2) is employed by or participates in the management
898	913		of a business entity or other organization regulated by or
899	914		receiving money from the department [board];
900	915		(3) owns or controls, directly or indirectly, more
901	916		than a 10 percent interest in a business entity or other
902	917		organization regulated by or receiving money from the department
903	918		[board]; or
904	919		(4) uses or receives a substantial amount of tangible
905	920		goods, services, or money from the department [board] other than
906	921		compensation or reimbursement authorized by law for committee
907	922		[board] membership, attendance, or expenses.
908	923		SECTION 5.007. Sections 1702.024(b) and (c), Occupations
909	924		Code, are amended to read as follows:
910	925		(b) A person may not be a committee [board] member, and may
911	926		not be a department employee whose primary duties include private
912	927		security regulation and who is employed in a "bona fide executive,
913	928		administrative, or professional capacity," as that phrase is used
914	929		for purposes of establishing an exemption to the overtime
915	930		provisions of the federal Fair Labor Standards Act of 1938 (29
916	931		U.S.C. Section 201 et seq.), and its subsequent amendments, if:
917	932		(1) the person is an officer, employee, or paid
918	933		consultant of a Texas trade association in the field of private
919	934		investigation or private security; or
920	935		(2) the person's spouse is an officer, manager, or paid
921	936		consultant of a Texas trade association in the field of private
922	937		investigation or private security.
923	938		(c) A person may not be a committee [board] member or act as
924	939		general counsel to the committee or department [board or agency] if
925	940		the person is required to register as a lobbyist under Chapter 305,
926	941		Government Code, because of the person's activities for
927	942		compensation on behalf of a profession related to the operation of
928	943		the committee [agency].
929	944		SECTION 5.008. Section 1702.025, Occupations Code, is
930	945		amended to read as follows:
931	946		Sec. 1702.025. TERMS; VACANCIES. (a) The committee
932	947		[board] members serve staggered six-year terms, with the terms of
933	948		two or three members expiring on January 31 of each odd-numbered
934	949		year.
935	950		(b) If a vacancy occurs during the term of a committee
936	951		[board] member, the commission [governor] shall appoint a new
937	952		member to fill the unexpired term.
938	953		SECTION 5.009. Section 1702.026, Occupations Code, is
939	954		amended to read as follows:
940	955		Sec. 1702.026. OFFICERS. (a) The commission [governor]
941	956		shall designate one committee [board] member as presiding officer
942	957		to serve in that capacity at the will of the commission [governor].
943	958		The commission [governor] shall designate the presiding officer
944	959		without regard to race, creed, color, disability, sex, religion,
945	960		age, or national origin.
946	961		(b) The committee [board] shall elect from among its members
947	962		an assistant presiding officer and a secretary to serve two-year
948	963		terms beginning on September 1 of each odd-numbered year.
949	964		(c) The presiding officer of the committee [board] or, in
950	965		the absence of the presiding officer, the assistant presiding
951	966		officer shall preside at each committee [board] meeting and perform
952	967		the other duties prescribed by this chapter.
953	968		SECTION 5.010. Sections 1702.027(a) and (b), Occupations
954	969		Code, are amended to read as follows:
955	970		(a) It is a ground for removal from the committee [board]
956	971		that a member:
957	972		(1) does not have the qualifications required by
958	973		Section 1702.021 at the time of appointment [taking office];
959	974		(2) does not maintain the qualifications required by
960	975		Section 1702.021 during service on the committee [board];
961	976		(3) is ineligible for membership under Section
962	977		1702.023 or 1702.024;
963	978		(4) cannot, because of illness or disability,
964	979		discharge the member's duties for a substantial part of the member's
965	980		term; or
966	981		(5) is absent from more than half of the regularly
967	982		scheduled committee [board] meetings that the member is eligible to
968	983		attend during a calendar year without an excuse approved by a
969	984		majority vote of the committee [board].
970	985		(b) The validity of an action of the committee [board] is
971	986		not affected by the fact that it is taken when a ground for removal
972	987		of a committee [board] member exists.
973		-	SECTION 5.011. Section 1702.028, Occupations Code, is
974		-	amended to read as follows:
975		-	Sec. 1702.028. [PER DIEM;] REIMBURSEMENT. [(a) A board
976		-	member is entitled to a per diem as set by legislative appropriation
977		-	for each day the member engages in the business of the board.
978		-	[(b)] A committee member may not receive compensation for
979		-	service on the advisory committee but is entitled to reimbursement
980		-	for actual and necessary [travel] expenses incurred in performing
981		-	the functions as a member of the committee, subject to [while
982		-	conducting board business, including expenses for transportation,
983		-	meals, and lodging, as prescribed by] the General Appropriations
984		-	Act.
985		-	SECTION 5.012. Section 1702.029, Occupations Code, is
	988	+	SECTION 5.011. Section 1702.029, Occupations Code, is
986	989		amended to read as follows:
987	990		Sec. 1702.029. MEETINGS. The committee [board] shall meet
988	991		at least quarterly [at regular intervals to be decided by the
989	992		board].
990		-	SECTION 5.~~013~~. Subchapter B, Chapter 1702, Occupations
	993	+	SECTION 5.012. Subchapter B, Chapter 1702, Occupations
991	994		Code, is amended by adding Sections 1702.031 and 1702.032 to read as
992	995		follows:
993	996		Sec. 1702.031. DUTIES OF ADVISORY COMMITTEE. The committee
994	997		shall provide advice and recommendations to the department and
995	998		commission on technical matters relevant to the administration of
996	999		this chapter and the regulation of private security industries.
997	1000		Sec. 1702.032. COMMISSION LIAISON. The commission shall
998	1001		designate a commission member to serve as a liaison to the
999	1002		committee.
1000		-	SECTION 5.~~014~~. Section 1702.041, Occupations Code, is
	1003	+	SECTION 5.013. Section 1702.041, Occupations Code, is
1001	1004		amended to read as follows:
1002	1005		Sec. 1702.041. CHIEF ADMINISTRATOR. (a) The chief
1003	1006		administrator is responsible for the administration of this chapter
1004	1007		under the direction of the public safety director [board]. The
1005	1008		chief administrator shall perform duties as prescribed by the
1006	1009		public safety director [board and the department].
1007	1010		(b) The chief administrator is a full-time employee of the
1008	1011		department. A committee [board] member may not serve as chief
1009	1012		administrator.
1010		-	SECTION 5.~~015~~. Section 1702.044, Occupations Code, is
	1013	+	SECTION 5.014. Section 1702.044, Occupations Code, is
1011	1014		amended to read as follows:
1012	1015		Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT
1013	1016		INFORMATION. The chief administrator or the chief administrator's
1014	1017		designee shall provide to committee [board] members and to
1015	1018		department [agency] employees, as often as necessary, information
1016	1019		regarding the requirements for service as a committee member
1017	1020		[office] or employment under this chapter, including information
1018	1021		regarding a person's responsibilities under applicable laws
1019	1022		relating to standards of conduct for state officers or employees.
1020		-	SECTION 5.~~016~~. The heading to Subchapter D, Chapter 1702,
	1023	+	SECTION 5.015. The heading to Subchapter D, Chapter 1702,
1021	1024		Occupations Code, is amended to read as follows:
1022	1025		SUBCHAPTER D. POWERS AND DUTIES [OF BOARD]
1023		-	SECTION 5.~~017~~. Section 1702.061, Occupations Code, is
	1026	+	SECTION 5.016. Section 1702.061, Occupations Code, is
1024	1027		amended to read as follows:
1025	1028		Sec. 1702.061. GENERAL POWERS AND DUTIES [OF BOARD].
1026	1029		(a) [The board shall perform the functions and duties provided by
1027	1030		this chapter.
1028	1031		[(b)] The commission [board] shall adopt rules and general
1029	1032		policies to guide the department [agency] in the administration of
1030	1033		this chapter.
1031	1034		(b) [(c)] The rules and policies adopted by the commission
1032	1035		[board] under Subsection (a) [(b)] must be consistent with this
1033	1036		chapter and other commission [board] rules adopted under this
1034	1037		chapter and with any other applicable law, state rule, or federal
1035	1038		regulation.
1036	1039		(c) [(d)] The commission [board] has the powers and duties
1037	1040		to:
1038	1041		(1) determine the qualifications of company license
1039	1042		holders, individual license holders [registrants, endorsement
1040	1043		holders], and commissioned security officers;
1041	1044		(2) investigate alleged violations of this chapter and
1042	1045		of commission [board] rules;
1043	1046		(3) adopt rules necessary to implement this chapter;
1044	1047		and
1045	1048		(4) establish and enforce standards governing the
1046	1049		safety and conduct of each person regulated [licensed, registered,
1047	1050		or commissioned] under this chapter.
1048	1051		[(e) The board shall have a seal in the form prescribed by
1049	1052		the board.]
1050		-	SECTION 5.~~018~~. Section 1702.062, Occupations Code, is
	1053	+	SECTION 5.017. Section 1702.062, Occupations Code, is
1051	1054		amended to read as follows:
1052	1055		Sec. 1702.062. FEES. (a) The commission [board] by rule
1053	1056		shall establish reasonable and necessary fees that produce
1054	1057		sufficient revenue to administer this chapter. The fees may not
1055	1058		produce unnecessary fund balances.
1056	1059		(b) The department [board] may charge a fee each time the
1057	1060		department [board] requires a person regulated under this chapter
1058	1061		to resubmit a set of fingerprints for processing by the department
1059	1062		[board] during the application process for a company license,
1060	1063		individual license, [registration, endorsement,] or security
1061	1064		officer commission. The commission [board] shall set the fee in an
1062	1065		amount that is reasonable and necessary to cover the administrative
1063	1066		expenses related to processing the fingerprints.
1064	1067		(c) A person whose pocket card has not expired is not
1065	1068		eligible to receive from the department [board] another pocket card
1066	1069		in the same classification in which the pocket card is held.
1067		-	SECTION 5.~~019~~. The heading to Section 1702.063, Occupations
	1070	+	SECTION 5.018. The heading to Section 1702.063, Occupations
1068	1071		Code, is amended to read as follows:
1069	1072		Sec. 1702.063. [BOARD] USE OF FINES.
1070		-	SECTION 5.~~020~~. Section 1702.0635, Occupations Code, is
	1073	+	SECTION 5.019. Section 1702.0635, Occupations Code, is
1071	1074		amended to read as follows:
1072	1075		Sec. 1702.0635. RESTRICTIONS ON CERTAIN RULES. The
1073	1076		commission [board] may not adopt rules or establish unduly
1074	1077		restrictive experience or education requirements that limit a
1075	1078		person's ability to be licensed as an electronic access control
1076	1079		device company or be licensed [registered] as an electronic access
1077	1080		control device installer.
1078		-	SECTION 5.~~021~~. Section 1702.064, Occupations Code, is
	1081	+	SECTION 5.020. Section 1702.064, Occupations Code, is
1079	1082		amended to read as follows:
1080	1083		Sec. 1702.064. RULES RESTRICTING ADVERTISING OR
1081	1084		COMPETITIVE BIDDING. (a) The commission [board] may not adopt
1082	1085		rules restricting advertising or competitive bidding by a person
1083	1086		regulated under this chapter [by the board] except to prohibit
1084	1087		false, misleading, or deceptive practices by the person.
1085	1088		(b) The commission [board] may not include in its rules to
1086	1089		prohibit false, misleading, or deceptive practices by a person
1087	1090		regulated under this chapter [by the board] a rule that:
1088	1091		(1) restricts the person's use of any medium for
1089	1092		advertising;
1090	1093		(2) restricts the person's personal appearance or use
1091	1094		of the person's personal voice in an advertisement;
1092	1095		(3) relates to the size or duration of an
1093	1096		advertisement by the person; or
1094	1097		(4) restricts the person's advertisement under a trade
1095	1098		name.
1096		-	SECTION 5.~~022~~. Section 1702.0645, Occupations Code, is
	1099	+	SECTION 5.021. Section 1702.0645, Occupations Code, is
1097	1100		amended to read as follows:
1098	1101		Sec. 1702.0645. PAYMENT OF FEES AND FINES. (a) The
1099	1102		commission [board] may adopt rules regarding the method of payment
1100	1103		of a fee or a fine assessed under this chapter.
1101	1104		(b) Rules adopted under this section may:
1102	1105		(1) authorize the use of electronic funds transfer or
1103	1106		a valid credit card issued by a financial institution chartered by a
1104	1107		state or the federal government or by a nationally recognized
1105	1108		credit organization approved by the department [board]; and
1106	1109		(2) require the payment of a discount or a reasonable
1107	1110		service charge for a credit card payment in addition to the fee or
1108	1111		the fine.
1109		-	SECTION 5.~~023~~. Section 1702.067, Occupations Code, is
	1112	+	SECTION 5.022. Section 1702.067, Occupations Code, is
1110	1113		amended to read as follows:
1111	1114		Sec. 1702.067. [BOARD] RECORDS; EVIDENCE. An official
1112	1115		record of the department related to this chapter [board] or an
1113	1116		affidavit by the chief administrator as to the content of the record
1114	1117		is prima facie evidence of a matter required to be kept by the
1115	1118		department [board].
1116		-	SECTION 5.~~024~~. Section 1702.068, Occupations Code, is
	1119	+	SECTION 5.023. Section 1702.068, Occupations Code, is
1117	1120		amended to read as follows:
1118	1121		Sec. 1702.068. APPEAL BOND NOT REQUIRED. The department
1119	1122		[board] is not required to give an appeal bond in any cause arising
1120	1123		under this chapter.
1121		-	SECTION 5.~~025~~. The heading to Subchapter E, Chapter 1702,
	1124	+	SECTION 5.024. The heading to Subchapter E, Chapter 1702,
1122	1125		Occupations Code, is amended to read as follows:
1123	1126		SUBCHAPTER E. PUBLIC INTEREST INFORMATION [AND COMPLAINT
1124	1127		PROCEDURES]
1125		-	SECTION 5.~~026~~. Section 1702.084, Occupations Code, is
	1128	+	SECTION 5.025. Section 1702.084, Occupations Code, is
1126	1129		amended to read as follows:
1127	1130		Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF
1128	1131		DISCIPLINARY ACTIONS. (a) The department [board] shall make
1129	1132		available to the public through a toll-free telephone number,
1130	1133		Internet website, or other easily accessible medium determined by
1131	1134		the department [board] the following information relating to a
1132	1135		disciplinary action taken during the preceding three years
1133	1136		regarding a person regulated under this chapter [by the board]:
1134	1137		(1) the identity of the person;
1135	1138		(2) the nature of the complaint that was the basis of
1136	1139		the disciplinary action taken against the person; and
1137	1140		(3) the disciplinary action taken by the commission
1138	1141		[board].
1139	1142		(b) In providing the information, the department [board]
1140	1143		shall present the information in an impartial manner, use language
1141	1144		that is commonly understood, and, if possible, avoid jargon
1142	1145		specific to the security industry.
1143	1146		(c) The department [board] shall update the information on a
1144	1147		monthly basis.
1145	1148		(d) The department [board] shall maintain the
1146	1149		confidentiality of information regarding the identification of a
1147	1150		complainant.
1148		-	SECTION 5.~~027~~. Section 1702.085, Occupations Code, is
	1151	+	SECTION 5.026. Section 1702.085, Occupations Code, is
1149	1152		amended to read as follows:
1150	1153		Sec. 1702.085. CONFIDENTIALITY OF RECORDS. Records
1151	1154		maintained by the department under this chapter on the home
1152	1155		address, home telephone number, driver's license number, or social
1153	1156		security number of an applicant or a company license holder,
1154	1157		individual license holder [registrant], or security officer
1155	1158		commission holder are confidential and are not subject to mandatory
1156	1159		disclosure under Chapter 552, Government Code.
1157		-	SECTION 5.~~028~~. Section 1702.102(a), Occupations Code, is
	1160	+	SECTION 5.027. Section 1702.102(a), Occupations Code, is
1158	1161		amended to read as follows:
1159	1162		(a) Unless the person holds a license as a security services
1160	1163		contractor, a person may not:
1161	1164		(1) act as an alarm systems company, armored car
1162	1165		company, courier company, guard company, or [guard dog company,]
1163	1166		locksmith company[, or private security consultant company];
1164	1167		(2) offer to perform the services of a company in
1165	1168		Subdivision (1); or
1166	1169		(3) engage in business activity for which a license is
1167	1170		required under this chapter.
1168		-	SECTION 5.~~029~~. Section 1702.1025(b), Occupations Code, is
	1171	+	SECTION 5.028. Section 1702.1025(b), Occupations Code, is
1169	1172		amended to read as follows:
1170	1173		(b) A person licensed as an electronic access control device
1171	1174		company may not install alarm systems unless otherwise licensed [or
1172	1175		registered] to install alarm systems under this chapter.
1173		-	SECTION 5.~~030~~. Section 1702.103, Occupations Code, is
	1176	+	SECTION 5.029. Section 1702.103, Occupations Code, is
1174	1177		amended to read as follows:
1175	1178		Sec. 1702.103. CLASSIFICATION AND LIMITATION OF COMPANY
1176	1179		LICENSES. (a) The company license classifications are:
1177	1180		(1) Class A: investigations company license, covering
1178	1181		operations of an investigations company;
1179	1182		(2) Class B: security services contractor license,
1180	1183		covering operations of a security services contractor;
1181	1184		(3) Class C: covering the operations included within
1182	1185		Class A and Class B;
1183	1186		(4) Class F: level III training school license; and
1184	1187		(5) Class O: alarm level I training school license[;
1185	1188		[(6) Class P: private business letter of authority
1186	1189		license;
1187	1190		[(7) Class X: government letter of authority license;
1188	1191		and
1189	1192		[(8) Class T: telematics license].
1190	1193		(b) A company license described by this chapter does not
1191	1194		authorize the company license holder to perform a service for which
1192	1195		the company license holder has not qualified. A person may not
1193	1196		engage in an operation outside the scope of that person's company
1194	1197		license. The department [board] shall indicate on the company
1195	1198		license the services the company license holder is authorized to
1196	1199		perform. The company license holder may not perform a service
1197	1200		unless it is indicated on the company license.
1198	1201		(c) A company license is not assignable unless the
1199	1202		assignment is approved in advance by the department [board].
1200	1203		(d) The commission [board] shall prescribe by rule the
1201	1204		procedure under which a company license may be terminated.
1202	1205		(e) The commission [board] by rule may establish other
1203	1206		company license classifications for activities expressly regulated
1204	1207		by this chapter and may establish qualifications and practice
1205	1208		requirements consistent with this chapter for those company license
1206	1209		classifications.
1207		-	SECTION 5.~~031~~. Section 1702.110, Occupations Code, is
	1210	+	SECTION 5.030. Section 1702.110, Occupations Code, is
1208	1211		amended to read as follows:
1209	1212		Sec. 1702.110. APPLICATION FOR COMPANY LICENSE. (a) An
1210	1213		application for a company license under this chapter must be in the
1211	1214		form prescribed by the department [board] and include:
1212	1215		(1) the full name and business address of the
1213	1216		applicant;
1214	1217		(2) the name under which the applicant intends to do
1215	1218		business;
1216	1219		(3) a statement as to the general nature of the
1217	1220		business in which the applicant intends to engage;
1218	1221		(4) a statement as to the classification for which the
1219	1222		applicant requests qualification;
1220	1223		(5) if the applicant is an entity other than an
1221	1224		individual, the full name and residence address of each partner,
1222	1225		officer who oversees the security-related aspects of the business,
1223	1226		and director of the applicant[, and of the applicant's manager];
1224	1227		(6) if the applicant is an individual, the
1225	1228		fingerprints of the applicant or, if the applicant is an entity
1226	1229		other than an individual, of each officer who oversees the
1227	1230		security-related aspects of the business and of each partner or
1228	1231		shareholder who owns at least a 25 percent interest in the
1229	1232		applicant, provided in the manner prescribed by the department
1230	1233		[board];
1231	1234		(7) a verified statement of the applicant's experience
1232	1235		qualifications in the particular classification in which the
1233	1236		applicant is applying;
1234	1237		(8) a report from the department stating the
1235	1238		applicant's record of any convictions for a Class B misdemeanor or
1236	1239		equivalent offense or a greater offense;
1237	1240		(9) the social security number of the individual
1238	1241		making the application; and
1239	1242		(10) other information, evidence, statements, or
1240	1243		documents required by the department [board].
1241	1244		(b) An applicant for a company license as a security
1242	1245		services contractor shall maintain a physical address within this
1243	1246		state and provide that address to the department [board]. The
1244	1247		commission [board] shall adopt rules to enable an out-of-state
1245	1248		company license holder to comply with this subsection.
1246	1249		(c) The department may return an application for a company
1247	1250		license as incomplete if the applicant submits payment of a fee that
1248	1251		is returned for insufficient funds and the applicant has received
1249	1252		notice and an opportunity to provide payment in full.
1250		-	SECTION 5.~~032~~. Section 1702.112, Occupations Code, is
	1253	+	SECTION 5.031. Section 1702.112, Occupations Code, is
1251	1254		amended to read as follows:
1252	1255		Sec. 1702.112. FORM OF COMPANY LICENSE. The department
1253	1256		[board] shall prescribe the form of a company license[, including a
1254	1257		branch office license]. The company license must include:
1255	1258		(1) the name of the company license holder;
1256	1259		(2) the name under which the company license holder is
1257	1260		to operate;
1258	1261		(3) the company license number and the date the
1259	1262		company license was issued; and
1260	1263		(4) a photograph of the company license holder,
1261	1264		affixed to the company license at the time the company license is
1262	1265		issued by the department [board].
1263		-	SECTION 5.~~033~~. The heading to Section 1702.113, Occupations
	1266	+	SECTION 5.032. The heading to Section 1702.113, Occupations
1264	1267		Code, is amended to read as follows:
1265	1268		Sec. 1702.113. GENERAL QUALIFICATIONS FOR COMPANY
1266	1269		LICENSE[, CERTIFICATE OF REGISTRATION,] OR SECURITY OFFICER
1267	1270		COMMISSION.
1268		-	SECTION 5.~~034~~. Section 1702.113(a), Occupations Code, is
	1271	+	SECTION 5.033. Section 1702.113(a), Occupations Code, is
1269	1272		amended to read as follows:
1270	1273		(a) An applicant for a company license[, certificate of
1271	1274		registration, endorsement,] or security officer commission [or the
1272	1275		applicant's manager] must be at least 18 years of age and must not:
1273	1276		(1) at the time of application be charged under an
1274	1277		information or indictment with the commission of a Class A or Class
1275	1278		B misdemeanor or felony offense determined to be disqualifying by
1276	1279		commission [board] rule;
1277	1280		(2) have been found by a court to be incompetent by
1278	1281		reason of a mental defect or disease and not have been restored to
1279	1282		competency;
1280	1283		(3) have been dishonorably discharged from the United
1281	1284		States armed services, discharged from the United States armed
1282	1285		services under other conditions determined by the commission
1283	1286		[board] to be prohibitive, or dismissed from the United States
1284	1287		armed services if a commissioned officer in the United States armed
1285	1288		services; or
1286	1289		(4) be required to register in this or any other state
1287	1290		as a sex offender[, unless the applicant is approved by the board
1288	1291		under Section 1702.3615].
1289		-	SECTION 5.~~035~~. Section 1702.114, Occupations Code, is
	1292	+	SECTION 5.034. Section 1702.114, Occupations Code, is
1290	1293		amended to read as follows:
1291	1294		Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR
1292	1295		INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a company
1293	1296		license to engage in the business of an investigations company [or
1294	1297		the applicant's manager] must have, before the date of the
1295	1298		application, three consecutive years' experience in the
1296	1299		investigative field as an employee[, manager,] or owner of an
1297	1300		investigations company or satisfy other requirements set by the
1298	1301		commission [board].
1299	1302		(b) The applicant's experience must be:
1300	1303		(1) reviewed by the department [board or the chief
1301	1304		administrator]; and
1302	1305		(2) determined to be adequate to qualify the applicant
1303	1306		to engage in the business of an investigations company.
1304		-	SECTION 5.~~036~~. Section 1702.115, Occupations Code, is
	1307	+	SECTION 5.035. Section 1702.115, Occupations Code, is
1305	1308		amended to read as follows:
1306	1309		Sec. 1702.115. ADDITIONAL QUALIFICATIONS FOR SECURITY
1307	1310		SERVICES CONTRACTOR LICENSE. (a) An applicant for a company
1308	1311		license to engage in the business of a security services contractor
1309	1312		[or the applicant's manager] must have, before the date of the
1310	1313		application, two consecutive years' experience in each security
1311	1314		services field for which the person applies as an employee[,
1312	1315		manager,] or owner of a security services contractor or satisfy
1313	1316		other requirements set by the commission [board].
1314	1317		(b) The applicant's experience must have been obtained
1315	1318		legally and must be:
1316	1319		(1) reviewed by the department [board or the chief
1317	1320		administrator]; and
1318	1321		(2) determined to be adequate to qualify the applicant
1319	1322		to engage in the business of a security services contractor.
1320		-	SECTION 5.~~037~~. Section 1702.117, Occupations Code, is
	1323	+	SECTION 5.036. Section 1702.117, Occupations Code, is
1321	1324		amended to read as follows:
1322	1325		Sec. 1702.117. EXAMINATION. (a) The department [board]
1323	1326		shall require an applicant for a company license under this chapter
1324	1327		[or the applicant's manager] to demonstrate qualifications in the
1325	1328		person's company license classification, including knowledge of
1326	1329		applicable state laws and commission [board] rules, by taking an
1327	1330		examination to be determined by the commission [board].
1328	1331		(b) Payment of the application fee entitles the applicant
1329	1332		[or the applicant's manager] to take one examination without
1330	1333		additional charge. A person who fails the examination must pay a
1331	1334		reexamination fee to take a subsequent examination.
1332	1335		(c) The commission [board] shall set the reexamination fee
1333	1336		in an amount not to exceed the amount of the renewal fee for the
1334	1337		company license classification for which application was made.
1335	1338		(d) The department [board] shall develop and provide to a
1336	1339		person who applies to take the examination under Subsection (a)
1337	1340		material containing all applicable state laws and commission
1338	1341		[board] rules.
1339		-	SECTION 5.~~038~~. Section 1702.118, Occupations Code, is
	1342	+	SECTION 5.037. Section 1702.118, Occupations Code, is
1340	1343		amended to read as follows:
1341	1344		Sec. 1702.118. EXAMINATION RESULTS. (a) Not later than
1342	1345		the 30th day after the date a person takes a licensing examination
1343	1346		under this chapter, the department [board] shall notify the person
1344	1347		of the examination results.
1345	1348		(b) If an examination is graded or reviewed by a testing
1346	1349		service:
1347	1350		(1) the department [board] shall notify the person of
1348	1351		the examination results not later than the 14th day after the date
1349	1352		the department [board] receives the results from the testing
1350	1353		service; and
1351	1354		(2) if notice of the examination results will be
1352	1355		delayed for longer than 90 days after the examination date, the
1353	1356		department [board] shall notify the person of the reason for the
1354	1357		delay before the 90th day.
1355	1358		(c) The department [board] may require a testing service to
1356	1359		notify a person of the results of the person's examination.
1357	1360		(d) If requested in writing by a person who fails a
1358	1361		licensing examination administered under this chapter, the
1359	1362		department [board] shall furnish the person with an analysis of the
1360	1363		person's performance on the examination.
1361		-	SECTION 5.~~039~~. Section 1702.1183, Occupations Code, is
	1364	+	SECTION 5.038. Section 1702.1183, Occupations Code, is
1362	1365		amended to read as follows:
1363	1366		Sec. 1702.1183. RECIPROCAL COMPANY LICENSE FOR CERTAIN
1364	1367		APPLICANTS. (a) The department [board] may waive any prerequisite
1365	1368		to obtaining a company license for an applicant who holds a company
1366	1369		license issued by another jurisdiction with which this state has a
1367	1370		reciprocity agreement.
1368	1371		(b) The commission [board] may make an agreement, subject to
1369	1372		the approval of the governor, with another state to allow for
1370	1373		licensing by reciprocity.
1371	1374		(c) The commission [board] shall adopt rules under which the
1372	1375		commission [board] may waive any prerequisite to obtaining a
1373	1376		company license for, and credit experience for a company license
1374	1377		requirement to, an individual who the commission [board] determines
1375	1378		has acceptable experience gained during service in a branch of the
1376	1379		United States armed forces, including the United States Coast
1377	1380		Guard.
1378		-	SECTION 5.~~040~~. Section 1702.1186, Occupations Code, is
	1381	+	SECTION 5.039. Section 1702.1186, Occupations Code, is
1379	1382		amended to read as follows:
1380	1383		Sec. 1702.1186. PROVISIONAL COMPANY LICENSE. (a) The
1381	1384		department [board] may issue a provisional company license to an
1382	1385		applicant currently licensed in another jurisdiction who seeks an
1383	1386		equivalent company license in this state and who:
1384	1387		(1) has been licensed in good standing as an
1385	1388		investigations company or security services contractor for at least
1386	1389		two years in another jurisdiction, including a foreign country,
1387	1390		that has licensing requirements substantially equivalent to the
1388	1391		requirements of this chapter;
1389	1392		(2) has passed a national or other examination
1390	1393		recognized by the commission [board] relating to the practice of
1391	1394		private investigations or security services contracting; and
1392	1395		(3) is sponsored by a person licensed by the
1393	1396		department [board] under this chapter with whom the provisional
1394	1397		company license holder will practice during the time the person
1395	1398		holds a provisional company license.
1396	1399		(b) A provisional company license is valid until the date
1397	1400		the department [board] approves or denies the provisional company
1398	1401		license holder's application for a company license. The department
1399	1402		[board] shall issue a company license under this chapter to the
1400	1403		provisional company license holder if:
1401	1404		(1) the provisional company license holder is eligible
1402	1405		to be licensed under Section 1702.1183; or
1403	1406		(2) the provisional company license holder:
1404	1407		(A) passes the part of the examination under
1405	1408		Section 1702.117(a) that relates to the applicant's knowledge and
1406	1409		understanding of the laws and rules relating to the practice of an
1407	1410		investigations company or security services contractor in this
1408	1411		state;
1409	1412		(B) is verified by the department [board] as
1410	1413		meeting the academic and experience requirements for a company
1411	1414		license under this chapter; and
1412	1415		(C) satisfies any other licensing requirements
1413	1416		under this chapter.
1414	1417		(c) The department [board] must approve or deny a
1415	1418		provisional company license holder's application for a company
1416	1419		license not later than the 180th day after the date the provisional
1417	1420		company license is issued. The department [board] may extend the
1418	1421		180-day period if the results of an examination have not been
1419	1422		received by the department [board] before the end of that period.
1420	1423		(d) The commission [board] may establish a fee for
1421	1424		provisional company licenses in an amount reasonable and necessary
1422	1425		to cover the cost of issuing the company license.
1423		-	SECTION 5.~~041~~. Section 1702.122, Occupations Code, is
	1426	+	SECTION 5.040. Section 1702.122, Occupations Code, is
1424	1427		amended to read as follows:
1425	1428		Sec. 1702.122. TEMPORARY CONTINUATION OF COMPANY LICENSE
1426	1429		HOLDER'S BUSINESS. Under the terms provided by commission [board]
1427	1430		rule, a company license holder's business may continue for a
1428	1431		temporary period if the individual on the basis of whose
1429	1432		qualifications a company license under this chapter has been
1430	1433		obtained ceases to be connected with the company license holder.
1431		-	SECTION 5.~~042~~. Section 1702.123, Occupations Code, is
	1434	+	SECTION 5.041. Section 1702.123, Occupations Code, is
1432	1435		amended to read as follows:
1433	1436		Sec. 1702.123. INSURANCE; BOND. (a) A company license
1434	1437		holder shall maintain on file with the department [board] at all
1435	1438		times the surety bond and certificate of insurance required by this
1436	1439		chapter.
1437	1440		(b) The commission [board] shall immediately suspend the
1438	1441		company license of a company license holder who violates Subsection
1439	1442		(a).
1440	1443		(c) The commission [board] may rescind the company license
1441	1444		suspension if the company license holder provides proof to the
1442	1445		commission [board] that the bond or the insurance coverage is still
1443	1446		in effect. The company license holder must provide the proof in a
1444	1447		form satisfactory to the commission [board] not later than the 10th
1445	1448		day after the date the company license is suspended.
1446	1449		(d) After suspension of the company license, the commission
1447	1450		[board] may not reinstate the company license until an application,
1448	1451		in the form prescribed by the commission [board], is filed
1449	1452		accompanied by a proper bond, insurance certificate, or both. The
1450	1453		commission [board] may deny the application notwithstanding the
1451	1454		applicant's compliance with this section:
1452	1455		(1) for a reason that would justify suspending,
1453	1456		revoking, or denying a company license; or
1454	1457		(2) if, during the suspension, the applicant performs
1455	1458		a practice for which a company license is required.
1456		-	SECTION 5.~~043~~. Sections 1702.124(a), (b), and (f),
	1459	+	SECTION 5.042. Sections 1702.124(a), (b), and (f),
1457	1460		Occupations Code, are amended to read as follows:
1458	1461		(a) An applicant is not eligible for a company license
1459	1462		unless the applicant provides as part of the application:
1460	1463		(1) a certificate of insurance or other documentary
1461	1464		evidence of a general liability insurance policy countersigned by
1462	1465		an insurance agent licensed in this state; or
1463	1466		(2) a certificate of insurance for surplus lines
1464	1467		coverage obtained under Chapter 981, Insurance Code, through a
1465	1468		licensed Texas surplus lines agent resident in this state.
1466	1469		(b) The general liability insurance policy must be
1467	1470		conditioned to pay on behalf of the company license holder damages
1468	1471		that the company license holder becomes legally obligated to pay
1469	1472		because of bodily injury, property damage, or personal injury,
1470	1473		caused by an event involving the principal, or an officer, agent, or
1471	1474		employee of the principal, in the conduct of any activity or service
1472	1475		for which the company license holder is licensed under this
1473	1476		chapter.
1474	1477		(f) In addition to the requirements of this section, an
1475	1478		applicant or company license holder shall provide and maintain a
1476	1479		certificate of insurance or other documentary evidence of insurance
1477	1480		sufficient to cover all of the business activities of the applicant
1478	1481		or company license holder related to private security.
1479		-	SECTION 5.~~044~~. Section 1702.125, Occupations Code, is
	1482	+	SECTION 5.043. Section 1702.125, Occupations Code, is
1480	1483		amended to read as follows:
1481	1484		Sec. 1702.125. BOND REQUIREMENT. A bond executed and filed
1482	1485		with the department [board] under this chapter remains in effect
1483	1486		until the surety terminates future liability by providing to the
1484	1487		department [board] at least 30 days' notice of the intent to
1485	1488		terminate liability.
1486		-	SECTION 5.~~045~~. Section 1702.127, Occupations Code, is
	1489	+	SECTION 5.044. Section 1702.127, Occupations Code, is
1487	1490		amended to read as follows:
1488	1491		Sec. 1702.127. COMPANY LICENSE HOLDER EMPLOYEES; RECORDS.
1489	1492		(a) A company license holder may be legally responsible for the
1490	1493		conduct in the company license holder's business of each employee
1491	1494		of the company license holder while the employee is performing
1492	1495		assigned duties for the company license holder.
1493	1496		(b) A company license holder shall maintain a record
1494	1497		containing information related to the company license holder's
1495	1498		employees as required by the commission [board].
1496	1499		(c) A company license holder shall maintain for inspection
1497	1500		by the department at the company license holder's principal place
1498	1501		of business or branch office two recent color photographs, of a type
1499	1502		required by the commission [board], of each applicant, individual
1500	1503		license holder [registrant], commissioned security officer, and
1501	1504		employee of the company license holder.
1502	1505		(d) A company license holder shall maintain records
1503	1506		required under this chapter at a physical address within this state
1504	1507		and provide that address to the department [board].
1505		-	SECTION 5.~~046~~. Section 1702.128, Occupations Code, is
	1508	+	SECTION 5.045. Section 1702.128, Occupations Code, is
1506	1509		amended to read as follows:
1507	1510		Sec. 1702.128. POSTING OF COMPANY LICENSE REQUIRED. A
1508	1511		company license holder shall at all times post[:
1509	1512		[(1)] the person's license in a conspicuous place in:
1510	1513		(1) the principal place of business of the company
1511	1514		license holder; and
1512	1515		(2) each branch office [license in a conspicuous place
1513	1516		in each branch office] of the company license holder.
1514		-	SECTION 5.~~047~~. Section 1702.129, Occupations Code, is
	1517	+	SECTION 5.046. Section 1702.129, Occupations Code, is
1515	1518		amended to read as follows:
1516	1519		Sec. 1702.129. NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
1517	1520		(a) A company license holder shall notify the department [board]
1518	1521		not later than the 14th day after the date of:
1519	1522		(1) a change of address for the company license
1520	1523		holder's principal place of business;
1521	1524		(2) a change of a name under which the company license
1522	1525		holder does business; or
1523	1526		(3) a change in the company license holder's officers
1524	1527		or partners.
1525	1528		(b) A company license holder shall notify the department
1526	1529		[board] in writing not later than the 14th day after the date a
1527	1530		branch office:
1528	1531		(1) is established;
1529	1532		(2) is closed; or
1530	1533		(3) changes address or location.
1531		-	SECTION 5.~~048~~. Section 1702.130(a), Occupations Code, is
	1534	+	SECTION 5.047. Section 1702.130(a), Occupations Code, is
1532	1535		amended to read as follows:
1533	1536		(a) A company license holder, or an officer, director,
1534	1537		partner, [manager,] or employee of a company license holder, may
1535	1538		not:
1536	1539		(1) use a title, an insignia, or an identification
1537	1540		card, wear a uniform, or make a statement with the intent to give an
1538	1541		impression that the person is connected with the federal
1539	1542		government, a state government, or a political subdivision of a
1540	1543		state government; or
1541	1544		(2) use a title, an insignia, or an identification
1542	1545		card or wear a uniform containing the designation "police."
1543		-	SECTION 5.~~049~~. Section 1702.131, Occupations Code, is
	1546	+	SECTION 5.048. Section 1702.131, Occupations Code, is
1544	1547		amended to read as follows:
1545	1548		Sec. 1702.131. ADVERTISING. An advertisement by a company
1546	1549		license holder soliciting or advertising business must contain the
1547	1550		company license holder's company name and address as stated in
1548	1551		department [board] records.
1549		-	SECTION 5.~~050~~. Section 1702.132, Occupations Code, is
	1552	+	SECTION 5.049. Section 1702.132, Occupations Code, is
1550	1553		amended to read as follows:
1551	1554		Sec. 1702.132. REPORTS TO EMPLOYER OR CLIENT. (a) A
1552	1555		written report submitted to a company license holder's employer or
1553	1556		client may only be submitted by the company license holder [or
1554	1557		manager] or a person authorized by a company license holder [or
1555	1558		manager]. The person submitting the report shall exercise
1556	1559		diligence in determining whether the information in the report is
1557	1560		correct.
1558	1561		(b) A company license holder or an officer, director,
1559	1562		partner, [manager,] or employee of a company license holder may not
1560	1563		knowingly make a false report to the employer or client for whom
1561	1564		information is obtained.
1562		-	SECTION 5.~~051~~. Section 1702.133, Occupations Code, is
	1565	+	SECTION 5.050. Section 1702.133, Occupations Code, is
1563	1566		amended to read as follows:
1564	1567		Sec. 1702.133. CONFIDENTIALITY; INFORMATION RELATING TO
1565	1568		CRIMINAL OFFENSE. (a) A company license holder or an officer,
1566	1569		director, or partner[, or manager] of a company license holder may
1567	1570		not disclose to another information obtained by the person for an
1568	1571		employer or client except:
1569	1572		(1) at the direction of the employer or client; or
1570	1573		(2) as required by state law or court order.
1571	1574		(b) A company license holder or an officer, director, or
1572	1575		partner[, or manager] of a company license holder shall disclose to
1573	1576		a law enforcement officer or a district attorney, or that
1574	1577		individual's representative, information the person obtains that
1575	1578		relates to a criminal offense. A private investigator who is
1576	1579		working under the direct supervision of a licensed attorney
1577	1580		satisfies this requirement by disclosing the information to the
1578	1581		supervising attorney.
1579		-	SECTION 5.~~052~~. The heading to Section 1702.134, Occupations
	1582	+	SECTION 5.051. The heading to Section 1702.134, Occupations
1580	1583		Code, is amended to read as follows:
1581	1584		Sec. 1702.134. COMPANY LICENSE HOLDER EXEMPTIONS FROM
1582	1585		CERTAIN LOCAL REGULATIONS.
1583		-	SECTION 5.~~053~~. Sections 1702.134(a) and (b), Occupations
	1586	+	SECTION 5.052. Sections 1702.134(a) and (b), Occupations
1584	1587		Code, are amended to read as follows:
1585	1588		(a) A company license holder or an employee of a company
1586	1589		license holder is not required to obtain an authorization, permit,
1587	1590		franchise, or license from, pay another fee or franchise tax to, or
1588	1591		post a bond in a municipality, county, or other political
1589	1592		subdivision of this state to engage in business or perform a service
1590	1593		authorized under this chapter.
1591	1594		(b) A municipality, county, or other political subdivision
1592	1595		of this state may not require a payment for the use of municipal,
1593	1596		county, or other public facilities in connection with a business or
1594	1597		service provided by a company license holder, except that a
1595	1598		municipality may impose and collect:
1596	1599		(1) a reasonable charge for the use of a central alarm
1597	1600		installation located in a police office that is owned, operated, or
1598	1601		monitored by the municipality; and
1599	1602		(2) reasonable inspection and reinspection fees in
1600	1603		connection with a device that causes at least five false alarms in a
1601	1604		12-month period.
1602		-	SECTION 5.~~054~~. Section 1702.161(b), Occupations Code, is
	1605	+	SECTION 5.053. Section 1702.161(b), Occupations Code, is
1603	1606		amended to read as follows:
1604	1607		(b) An individual employed as a security officer may not
1605	1608		knowingly carry a firearm during the course of performing duties as
1606	1609		a security officer unless the department [board] has issued a
1607	1610		security officer commission to the individual.
1608		-	SECTION 5.~~055~~. Section 1702.162, Occupations Code, is
	1611	+	SECTION 5.054. Section 1702.162, Occupations Code, is
1609	1612		amended to read as follows:
1610	1613		Sec. 1702.162. EMPLOYER'S APPLICATION FOR SECURITY OFFICER
1611	1614		COMMISSION. The employer of a security officer who applies for a
1612	1615		security officer commission for the officer must submit an
1613	1616		application to the department [board] on a form provided by the
1614	1617		department [board].
1615		-	SECTION 5.~~056~~. Section 1702.163(a), Occupations Code, is
	1618	+	SECTION 5.055. Section 1702.163(a), Occupations Code, is
1616	1619		amended to read as follows:
1617	1620		(a) An applicant employed by a company license holder is not
1618	1621		eligible for a security officer commission unless the applicant
1619	1622		submits as part of the application satisfactory evidence that the
1620	1623		applicant has:
1621	1624		(1) completed the basic training course at a school or
1622	1625		under an instructor approved by the department [board];
1623	1626		(2) met each qualification established by this chapter
1624	1627		and administrative rule;
1625	1628		(3) achieved the score required by the department
1626	1629		[board] on the examination under Section 1702.1685; and
1627	1630		(4) demonstrated to the satisfaction of the firearm
1628	1631		training instructor that the applicant has complied with other
1629	1632		department [board] standards for minimum marksmanship competency
1630	1633		with a handgun.
1631		-	SECTION 5.~~057~~. Section 1702.165, Occupations Code, is
	1634	+	SECTION 5.056. Section 1702.165, Occupations Code, is
1632	1635		amended to read as follows:
1633	1636		Sec. 1702.165. ISSUANCE OF SECURITY OFFICER COMMISSION;
1634	1637		POCKET CARD. (a) The [board, with the concurrence of the]
1635	1638		department:
1636	1639		(1) may issue a security officer commission to an
1637	1640		individual employed as a uniformed security officer; and
1638	1641		(2) shall issue a security officer commission to a
1639	1642		qualified employee of an armored car company that is a carrier
1640	1643		conducting the armored car business under a federal or state permit
1641	1644		or certificate.
1642	1645		(b) A security officer commission issued under this section
1643	1646		must be in the form of a pocket card designed by the department
1644	1647		[board] that identifies the security officer.
1645		-	SECTION 5.~~058~~. Section 1702.167, Occupations Code, is
	1648	+	SECTION 5.057. Section 1702.167, Occupations Code, is
1646	1649		amended to read as follows:
1647	1650		Sec. 1702.167. TERMINATION OF EMPLOYMENT AS COMMISSIONED
1648	1651		SECURITY OFFICER; TRANSFER OF COMMISSION. The holder of a security
1649	1652		officer commission who terminates employment with one employer may
1650	1653		transfer the individual's commission to a new employer if, not
1651	1654		later than the 14th day after the date the individual begins the new
1652	1655		employment, the new employer notifies the department [board] of the
1653	1656		transfer of employment on a form prescribed by the department
1654	1657		[board], accompanied by payment of the employee information update
1655	1658		fee.
1656		-	SECTION 5.~~059~~. Sections 1702.1675(a), (b), (c), (d), (e),
	1659	+	SECTION 5.058. Sections 1702.1675(a), (b), (c), (d), (e),
1657	1660		(f), and (i), Occupations Code, are amended to read as follows:
1658	1661		(a) The commission [board] shall establish a basic training
1659	1662		course for commissioned security officers. The course must
1660	1663		include, at a minimum:
1661	1664		(1) general security officer training issues;
1662	1665		(2) classroom instruction on handgun proficiency; and
1663	1666		(3) range instruction on handgun proficiency.
1664	1667		(b) The course must be offered and taught by schools and
1665	1668		instructors approved by the department [board]. To receive
1666	1669		department [board] approval, a school or an instructor must submit
1667	1670		an application to the department [board] on a form provided by the
1668	1671		department [board].
1669	1672		(c) The basic training course established under this
1670	1673		section [approved by the board] must consist of a minimum of 30
1671	1674		hours.
1672	1675		(d) The general security officer training portion of the
1673	1676		course must include instruction on:
1674	1677		(1) [board rules and] applicable rules and state laws;
1675	1678		(2) field note taking and report writing; and
1676	1679		(3) any other topics of security officer training
1677	1680		curriculum the department [board] considers necessary.
1678	1681		(e) The department [board] shall develop a commissioned
1679	1682		security officer training manual that contains applicable state
1680	1683		laws and [board] rules to be used in the instruction and training of
1681	1684		commissioned security officers.
1682	1685		(f) The commission [board] shall adopt rules necessary to
1683	1686		administer the provisions of this section concerning the training
1684	1687		requirements of this chapter.
1685	1688		(i) The commission [board] by rule shall establish minimum
1686	1689		standards for handgun proficiency that are at least as stringent as
1687	1690		the standards for handgun proficiency developed [by the public
1688	1691		safety director] under Section 411.188, Government Code.
1689		-	SECTION 5.~~060~~. Section 1702.168, Occupations Code, is
	1692	+	SECTION 5.059. Section 1702.168, Occupations Code, is
1690	1693		amended to read as follows:
1691	1694		Sec. 1702.168. FIREARM REQUIREMENTS. (a) In addition to
1692	1695		the requirements of Section 1702.163(a), the commission [board] by
1693	1696		rule shall establish other qualifications for individuals who are
1694	1697		employed in positions requiring the carrying of firearms. The
1695	1698		qualifications may include:
1696	1699		(1) physical and mental standards; and
1697	1700		(2) [standards of good moral character; and
1698	1701		[(3)] other requirements that relate to the competency
1699	1702		and reliability of individuals to carry firearms.
1700	1703		(b) The commission [board] shall prescribe appropriate
1701	1704		forms and adopt rules by which evidence is presented that the
1702	1705		requirements are fulfilled.
1703		-	SECTION 5.~~061~~. Sections 1702.1685(b) and (d), Occupations
	1706	+	SECTION 5.060. Sections 1702.1685(b) and (d), Occupations
1704	1707		Code, are amended to read as follows:
1705	1708		(b) Only a department-approved [board-approved] instructor
1706	1709		may administer the handgun proficiency examination.
1707	1710		(d) The school shall maintain the records of the required
1708	1711		proficiency and make the records available for inspection by the
1709	1712		department [board].
1710		-	SECTION 5.~~062~~. Section 1702.171, Occupations Code, is
	1713	+	SECTION 5.061. Section 1702.171, Occupations Code, is
1711	1714		amended to read as follows:
1712	1715		Sec. 1702.171. SECURITY OFFICER COMMISSION RECORDS. The
1713	1716		commission [board] shall adopt rules for the maintenance of records
1714	1717		relating to an individual to whom the department [board] has issued
1715	1718		a security officer commission.
1716		-	SECTION 5.~~063~~. The heading to Subchapter H, Chapter 1702,
	1719	+	SECTION 5.062. The heading to Subchapter H, Chapter 1702,
1717	1720		Occupations Code, is amended to read as follows:
1718	1721		SUBCHAPTER H. EMPLOYMENT OF COMMISSIONED SECURITY OFFICER BY
1719	1722		CERTAIN PERSONS; [LETTER OF AUTHORITY] REQUIREMENTS
1720		-	SECTION 5.~~064~~. Section 1702.181, Occupations Code, is
	1723	+	SECTION 5.063. Section 1702.181, Occupations Code, is
1721	1724		amended to read as follows:
1722	1725		Sec. 1702.181. NOTICE AND REGISTRATION [LETTER OF
1723	1726		AUTHORITY] REQUIRED; REGISTRY. (a) The security department of a
1724	1727		private business or a political subdivision may not employ a
1725	1728		commissioned security officer unless the security department
1726	1729		provides notice to the department in the form prescribed by the
1727	1730		commission of:
1728	1731		(1) the security department's intent to employ a
1729	1732		commissioned security officer and register with the department
1730	1733		under this section;
1731	1734		(2) the name, title, and contact information of the
1732	1735		person serving in the security department as the contact for the
1733	1736		department; and
1734	1737		(3) any change in the information provided in
1735	1738		Subdivision (1) or (2) [holds a letter of authority].
1736	1739		(b) The department shall maintain a registry of security
1737	1740		departments that provide notice under Subsection (a) and the name,
1738	1741		title, and contact information of the person serving as contact for
1739	1742		each security department.
1740		-	SECTION 5.~~065~~. The heading to Subchapter I, Chapter 1702,
	1743	+	SECTION 5.064. The heading to Subchapter I, Chapter 1702,
1741	1744		Occupations Code, is amended to read as follows:
1742	1745		SUBCHAPTER I. PERSONAL PROTECTION OFFICER LICENSE [ENDORSEMENT]
1743	1746		REQUIREMENTS
1744		-	SECTION 5.~~066~~. Section 1702.201, Occupations Code, is
	1747	+	SECTION 5.065. Section 1702.201, Occupations Code, is
1745	1748		amended to read as follows:
1746	1749		Sec. 1702.201. PERSONAL PROTECTION OFFICER LICENSE
1747	1750		[ENDORSEMENT] REQUIRED. An individual may not act as a personal
1748	1751		protection officer unless the individual holds a personal
1749	1752		protection officer license [endorsement].
1750		-	SECTION 5.~~067~~. Section 1702.203, Occupations Code, is
	1753	+	SECTION 5.066. Section 1702.203, Occupations Code, is
1751	1754		amended to read as follows:
1752	1755		Sec. 1702.203. APPLICATION FOR PERSONAL PROTECTION OFFICER
1753	1756		LICENSE [ENDORSEMENT]. An applicant for a personal protection
1754	1757		officer license [endorsement] must submit a written application on
1755	1758		a form prescribed by the commission [board].
1756		-	SECTION 5.~~068~~. Section 1702.204, Occupations Code, is
	1759	+	SECTION 5.067. Section 1702.204, Occupations Code, is
1757	1760		amended to read as follows:
1758	1761		Sec. 1702.204. PERSONAL PROTECTION OFFICER LICENSE
1759	1762		[ENDORSEMENT]; QUALIFICATIONS. (a) An applicant for a personal
1760	1763		protection officer license [endorsement] must be at least 21 years
1761	1764		of age and must provide:
1762	1765		(1) a certificate of completion of the basic security
1763	1766		officer training course;
1764	1767		(2) proof that the applicant:
1765	1768		(A) has been issued a security officer
1766	1769		commission;
1767	1770		(B) is employed at the time of application by an
1768	1771		investigations company or guard company licensed by the department
1769	1772		[board]; and
1770	1773		(C) has completed the required training in
1771	1774		nonlethal self-defense or defense of a third person; and
1772	1775		(3) proof of completion and the results of the
1773	1776		Minnesota Multiphasic Personality Inventory psychological testing.
1774	1777		(b) The commission [board] by rule shall require an
1775	1778		applicant for a personal protection officer license [endorsement]
1776	1779		to complete the Minnesota Multiphasic Personality Inventory test.
1777	1780		The department [board] may use the results of the test to evaluate
1778	1781		the applicant's psychological fitness.
1779		-	SECTION 5.~~069~~. Section 1702.205(a), Occupations Code, is
	1782	+	SECTION 5.068. Section 1702.205(a), Occupations Code, is
1780	1783		amended to read as follows:
1781	1784		(a) The commission [board] shall establish a 15-hour course
1782	1785		for a personal protection officer consisting of training in
1783	1786		nonlethal self-defense or defense of a third person.
1784		-	SECTION 5.~~070~~. Section 1702.206(a), Occupations Code, is
	1787	+	SECTION 5.069. Section 1702.206(a), Occupations Code, is
1785	1788		amended to read as follows:
1786	1789		(a) An individual acting as a personal protection officer
1787	1790		may not carry a firearm unless the officer:
1788	1791		(1) is either:
1789	1792		(A) engaged in the exclusive performance of the
1790	1793		officer's duties as a personal protection officer for the employer
1791	1794		under whom the officer's personal protection officer license
1792	1795		[endorsement] is issued; or
1793	1796		(B) traveling to or from the officer's place of
1794	1797		assignment; and
1795	1798		(2) carries the officer's security officer commission
1796	1799		and personal protection officer license [endorsement] on the
1797	1800		officer's person while performing the officer's duties or traveling
1798	1801		as described by Subdivision (1) and presents the commission and
1799	1802		license [endorsement] on request.
1800		-	SECTION 5.~~071~~. The heading to Subchapter J, Chapter 1702,
	1803	+	SECTION 5.070. The heading to Subchapter J, Chapter 1702,
1801	1804		Occupations Code, is amended to read as follows:
1802	1805		SUBCHAPTER J. LICENSING AND [REGISTRATION AND ENDORSEMENT
1803	1806		REQUIREMENTS;] DUTIES OF INDIVIDUALS [REGISTRANT AND ENDORSEMENT
1804	1807		HOLDER]
1805		-	SECTION 5.~~072~~. Section 1702.221, Occupations Code, is
	1808	+	SECTION 5.071. Section 1702.221, Occupations Code, is
1806	1809		amended to read as follows:
1807	1810		Sec. 1702.221. INDIVIDUAL LICENSE [REGISTRATION AND
1808	1811		ENDORSEMENT] REQUIRED. (a) To perform any activity regulated by
1809	1812		this chapter, the individual must:
1810	1813		(1) [register in accordance with the requirements of
1811	1814		this chapter and related administrative rules;
1812	1815		[(2)] obtain the proper individual license
1813	1816		[endorsement] under Subsection (b); and
1814	1817		(2) [(3)] be employed by a company license holder
1815	1818		[licensed under this chapter].
1816	1819		(b) An individual must obtain the appropriate individual
1817	1820		license [endorsement] in accordance with the requirements of this
1818	1821		chapter and related administrative rules if the individual:
1819	1822		(1) is employed as:
1820	1823		(A) an alarm instructor;
1821	1824		(B) an alarm systems installer;
1822	1825		(C) an alarm systems monitor;
1823	1826		(D) an electronic access control device
1824	1827		installer;
1825	1828		(E) a level 3 classroom or firearm instructor;
1826	1829		(F) a locksmith;
1827	1830		(G) [a dog trainer;
1828	1831		[(H) a manager or branch office manager;
1829	1832		[(I)] a noncommissioned security officer;
1830	1833		(H) [(J)] a level 4 personal protection
1831	1834		instructor;
1832	1835		(I) [(K)] a private investigator; or
1833	1836		(J) [(L) a private security consultant;
1834	1837		[(M) a security salesperson; or
1835	1838		[(N)] an individual whose duties include
1836	1839		performing another activity for which an individual license
1837	1840		[endorsement] is required under Subsection (e); or
1838	1841		(2) is an owner who owns at least a 51 percent interest
1839	1842		in a company license holder [who oversees the security-related
1840	1843		aspects of the business, officer, partner, or shareholder of a
1841	1844		license holder].
1842	1845		(c) Licensure [Registration and endorsement] under this
1843	1846		chapter does not preclude an individual from performing additional
1844	1847		duties or services authorized by the individual's employer that are
1845	1848		not regulated by this chapter. An individual who performs more than
1846	1849		one of the services that require an individual license [an
1847	1850		endorsement] under this section must obtain an individual license
1848	1851		[an endorsement] for each service.
1849	1852		(d) In addition to the services listed in Subsection (b), a
1850	1853		person holding a security officer commission must also obtain an
1851	1854		individual license [an endorsement] for personal protection if the
1852	1855		individual performs the services described by Section 1702.202.
1853	1856		(e) The commission [board] by rule may require a person to
1854	1857		hold an individual license [an endorsement] for performing any
1855	1858		other activity expressly regulated by this chapter.
1856		-	SECTION 5.~~073~~. Section 1702.2226(b), Occupations Code, is
	1859	+	SECTION 5.072. Section 1702.2226(b), Occupations Code, is
1857	1860		amended to read as follows:
1858	1861		(b) A person licensed [registered] as an electronic access
1859	1862		control device installer may not install alarm systems unless the
1860	1863		person holds an individual license [an endorsement] under this
1861	1864		chapter as an alarm systems installer.
1862		-	SECTION 5.~~074~~. Section 1702.229, Occupations Code, is
	1865	+	SECTION 5.073. Section 1702.229, Occupations Code, is
1863	1866		amended to read as follows:
1864	1867		Sec. 1702.229. QUALIFICATIONS FOR INDIVIDUAL LICENSE
1865	1868		[REGISTRATION]. (a) An applicant for an individual license
1866	1869		[registration] must meet the qualifications required under Section
1867	1870		1702.113 for a company license applicant.
1868	1871		(b) The commission [In accordance with the requirements of
1869	1872		Section 1702.0611, the board] by rule may adopt additional
1870	1873		qualifications for an individual to obtain an individual license
1871	1874		[be registered] under this subchapter.
1872		-	SECTION 5.~~075~~. Section 1702.230, Occupations Code, is
	1875	+	SECTION 5.074. Section 1702.230, Occupations Code, is
1873	1876		amended to read as follows:
1874	1877		Sec. 1702.230. APPLICATION FOR INDIVIDUAL LICENSE
1875	1878		[REGISTRATION OR ENDORSEMENT]. (a) An application for an
1876	1879		individual license [registration or endorsement] must be verified
1877	1880		and include:
1878	1881		(1) the applicant's full name, residence address,
1879	1882		residence telephone number, date and place of birth, and social
1880	1883		security number;
1881	1884		(2) a statement that:
1882	1885		(A) lists each name used by the applicant, other
1883	1886		than the name by which the applicant is known at the time of
1884	1887		application, and an explanation stating each place where each name
1885	1888		was used, the date of each use, and a full explanation of the
1886	1889		reasons the name was used; or
1887	1890		(B) states that the applicant has never used a
1888	1891		name other than the name by which the applicant is known at the time
1889	1892		of application;
1890	1893		(3) the name and address of the applicant's employer
1891	1894		[and, if applicable, the applicant's consulting firm];
1892	1895		(4) the date the employment described by Subdivision
1893	1896		(3) commenced;
1894	1897		(5) a letter from the company license holder
1895	1898		requesting that the applicant be issued an individual license [be
1896	1899		registered or endorsed];
1897	1900		(6) the title of the position occupied by the
1898	1901		applicant and a description of the applicant's duties;
1899	1902		(7) the required fees, including the criminal history
1900	1903		check fee established under Section 1702.282;
1901	1904		(8) fingerprints of the applicant provided in the
1902	1905		manner prescribed by the department [board]; and
1903	1906		(9) any other information, evidence, statement, or
1904	1907		document required by the department [board].
1905	1908		(b) The employer of the applicant shall make a reasonable
1906	1909		attempt to verify the information required under Subsection (a)(1)
1907	1910		before the earlier of:
1908	1911		(1) the date the application is submitted; or
1909	1912		(2) the date the applicant begins to perform the
1910	1913		duties of employment that require an individual license
1911	1914		[registration].
1912	1915		(c) An applicant must submit an application that
1913	1916		substantially meets the requirements of this section before
1914	1917		employment in a capacity for which an individual license
1915	1918		[registration] is required.
1916	1919		(d) For purposes of Subsection (a), an application is not
1917	1920		considered to be verified until the department [board] has received
1918	1921		electronic verification from the department or the Federal Bureau
1919	1922		of Investigation, as applicable, that the applicant has submitted
1920	1923		the applicant's fingerprints.
1921	1924		(e) The department [board] shall make information available
1922	1925		to the public concerning whether an applicant for an individual
1923	1926		license [registration or endorsement] has met the requirements
1924	1927		under this chapter for performing a service for which the
1925	1928		individual license [registration or endorsement] is required.
1926	1929		(f) If information concerning an applicant is not made
1927	1930		available under Subsection (e) before the 48th hour after the time
1928	1931		the applicant's fingerprints are submitted in accordance with
1929	1932		Subsection (a), the applicant may begin performing the duties of
1930	1933		employment for which the individual license [registration or
1931	1934		endorsement] is required, other than duties as a commissioned
1932	1935		security officer, if the employer or its agent:
1933	1936		(1) verifies through the department's publicly
1934	1937		accessible website that the applicant is:
1935	1938		(A) not disqualified for the individual license
1936	1939		[registration or endorsement] based on the applicant's criminal
1937	1940		history; and
1938	1941		(B) not required to register as a sex offender
1939	1942		under Chapter 62, Code of Criminal Procedure; and
1940	1943		(2) maintains in the applicant's employee file a copy
1941	1944		of the search results obtained under Subdivision (1).
1942		-	SECTION 5.~~076~~. Section 1702.2305, Occupations Code, is
	1945	+	SECTION 5.075. Section 1702.2305, Occupations Code, is
1943	1946		amended to read as follows:
1944	1947		Sec. 1702.2305. PROVISIONAL INDIVIDUAL LICENSE
1945	1948		[REGISTRATION]. (a) The department [board] may issue a
1946	1949		provisional individual license [registration] to an applicant
1947	1950		currently licensed [registered] in another jurisdiction who seeks
1948	1951		an equivalent license [registration] in this state and who:
1949	1952		(1) has been licensed [registered] in good standing in
1950	1953		the field in which the individual license [registration] is sought
1951	1954		for at least two years in another jurisdiction, including a foreign
1952	1955		country, that has licensing [registration] requirements
1953	1956		substantially equivalent to the requirements of this chapter;
1954	1957		(2) has passed a national or other examination
1955	1958		recognized by the commission [board] relating to practice in the
1956	1959		field in which the individual license [registration] is sought; and
1957	1960		(3) is employed by a company license holder [person
1958	1961		licensed by the board under this chapter] with whom the provisional
1959	1962		individual license holder [registration holder] will practice
1960	1963		during the time the person holds a provisional individual license
1961	1964		[registration].
1962	1965		(b) A provisional individual license [registration] is
1963	1966		valid until the date the department [board] approves or denies the
1964	1967		provisional individual license [registration] holder's application
1965	1968		for an individual license [a registration]. The department [board]
1966	1969		shall issue an individual license [a registration] under this
1967	1970		chapter to the provisional individual license [registration]
1968	1971		holder if the provisional individual license [registration] holder
1969	1972		is eligible to be licensed [registered] under this chapter.
1970	1973		(c) The department [board] must approve or deny a
1971	1974		provisional individual license [registration] holder's application
1972	1975		for an individual license [a registration] not later than the 180th
1973	1976		day after the date the provisional individual license
1974	1977		[registration] is issued. The department [board] may extend the
1975	1978		180-day period if the results of an examination have not been
1976	1979		received by the department [board] before the end of that period.
1977	1980		(d) The commission [board] may establish a fee for a
1978	1981		provisional individual license [registration] in an amount
1979	1982		reasonable and necessary to cover the cost of issuing the
1980	1983		individual license [registration].
1981		-	SECTION 5.~~077~~. Section 1702.232, Occupations Code, is
	1984	+	SECTION 5.076. Section 1702.232, Occupations Code, is
1982	1985		amended to read as follows:
1983	1986		Sec. 1702.232. POCKET CARDS. (a) The department [board]
1984	1987		shall issue a pocket card for each individual license holder
1985	1988		[registrant] under this chapter. A pocket card for an owner[,
1986	1989		officer, partner, or shareholder] of a company license holder shall
1987	1990		be issued to the company license holder.
1988	1991		(b) The department [board] shall determine the size,
1989	1992		design, and content of the pocket card.
1990	1993		(c) The pocket card must:
1991	1994		(1) state the name of the individual license holder
1992	1995		[registrant];
1993	1996		(2) contain a color photograph, affixed to the pocket
1994	1997		card by the department [board] at the time the card is issued, and
1995	1998		the signature of the individual license holder [registrant]; and
1996	1999		(3) state the date the card was issued and the card's
1997	2000		expiration date[; and
1998	2001		[(4) state each endorsement held by the registrant and
1999	2002		the date the endorsement expires].
2000		-	SECTION 5.~~078~~. Section 1702.233, Occupations Code, is
	2003	+	SECTION 5.077. Section 1702.233, Occupations Code, is
2001	2004		amended to read as follows:
2002	2005		Sec. 1702.233. DURATION OF POCKET CARDS. A pocket card
2003	2006		issued for an individual license holder [a registrant is valid for
2004	2007		two years and] expires on the date the individual license
2005	2008		[registration] expires under Section 1702.301(b) [1702.301(d),
2006	2009		(e), or (f)].
2007		-	SECTION 5.~~079~~. Section 1702.234, Occupations Code, is
	2010	+	SECTION 5.078. Section 1702.234, Occupations Code, is
2008	2011		amended to read as follows:
2009	2012		Sec. 1702.234. [REGISTRATION AND ENDORSEMENT] TRANSFER OF
2010	2013		INDIVIDUAL LICENSE. An individual license holder [A registrant]
2011	2014		may transfer the holder's license [registrant's registration and
2012	2015		endorsements] from one employer to another employer if, not later
2013	2016		than the 14th day after the date the individual license holder
2014	2017		[registrant] begins the new employment, the new employer notifies
2015	2018		the department [board] of the transfer of employment on a form
2016	2019		prescribed by the commission [board] accompanied by payment of the
2017	2020		employee information update fee.
2018		-	SECTION 5.~~080~~. Section 1702.235, Occupations Code, is
	2021	+	SECTION 5.079. Section 1702.235, Occupations Code, is
2019	2022		amended to read as follows:
2020	2023		Sec. 1702.235. PREEMPLOYMENT CHECK FOR NONCOMMISSIONED
2021	2024		SECURITY OFFICERS. A person may not hire a noncommissioned
2022	2025		security officer unless the person conducts a preemployment check
2023	2026		as required by commission [board] rule.
2024		-	SECTION 5.~~081~~. Section 1702.236, Occupations Code, is
	2027	+	SECTION 5.080. Section 1702.236, Occupations Code, is
2025	2028		amended to read as follows:
2026	2029		Sec. 1702.236. EXAMINATION AND TRAINING REQUIREMENTS FOR
2027	2030		ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS. (a) The department
2028	2031		[board] shall require an individual who applies for an individual
2029	2032		license [endorsement] as an electronic access control device
2030	2033		installer to pass an examination given by the department [board] or
2031	2034		a person approved by the department [board]. The examination must
2032	2035		cover material related to access control.
2033	2036		(b) The commission [On and after September 1, 2005, the
2034	2037		board] by rule may allow an electronic access control device
2035	2038		installer to obtain or renew an individual license [endorsement] by
2036	2039		fulfilling the requirements of a commission-approved
2037	2040		[board-approved], industry-based educational training program.
2038		-	SECTION 5.~~082~~. Section 1702.239, Occupations Code, is
	2041	+	SECTION 5.081. Section 1702.239, Occupations Code, is
2039	2042		amended to read as follows:
2040	2043		Sec. 1702.239. TRAINING REQUIREMENTS FOR ALARM SYSTEMS
2041	2044		INSTALLER [AND SECURITY SALESPERSON]; EXAMINATION. (a) The
2042	2045		commission [board] may require that an individual employed as an
2043	2046		alarm systems installer [or security salesperson] hold a
2044	2047		certification by a commission-approved [board-approved] training
2045	2048		program to renew an individual license [endorsement]. The
2046	2049		commission [board] may approve only nationally recognized training
2047	2050		programs that consist of at least 16 hours of classroom study in the
2048	2051		areas of work allowed by the individual license [endorsement]. To
2049	2052		be approved, a training program must offer at least two
2050	2053		certification programs each year, sufficient to complete the
2051	2054		requirements of this subsection, within 100 miles of each county in
2052	2055		the state that has a population of more than 500,000.
2053	2056		(b) The commission [board] may require an individual who has
2054	2057		completed a training program under Subsection (a) to pass an
2055	2058		examination given by the department [board] or by a person approved
2056	2059		by the department [board]. The commission [board] may approve
2057	2060		examinations in conjunction with training programs approved under
2058	2061		Subsection (a). The individual's performance on the examination
2059	2062		must demonstrate the individual's qualifications to perform the
2060	2063		duties allowed by the individual's individual license
2061	2064		[endorsement].
2062	2065		(c) [An individual who holds a registration on September 30,
2063	2066		1993, is not required to comply with requirements adopted under
2064	2067		Subsections (a) and (b) during the time the individual maintains
2065	2068		the registration with the individual's current license holder.
2066	2069		[(d)] If the commission [board] requires certification or
2067	2070		examination under this section, the commission [board] shall adopt
2068	2071		[implement] rules to require that to renew an individual license
2069	2072		[endorsement], an individual who is employed as an alarm systems
2070	2073		installer [or a security salesperson] and who has already once
2071	2074		renewed the individual license [endorsement] must obtain
2072	2075		continuing education credits related to the line of work for which
2073	2076		the individual is licensed. If the commission [board] requires the
2074	2077		continuing education, the chief administrator must approve classes
2075	2078		offered by nationally recognized organizations, and participants
2076	2079		in the classes must qualify according to commission [board] rules.
2077		-	SECTION 5.~~083~~. Section 1702.240, Occupations Code, is
	2080	+	SECTION 5.082. Section 1702.240, Occupations Code, is
2078	2081		amended to read as follows:
2079	2082		Sec. 1702.240. [REGISTRATION] EXEMPTIONS FOR UNDERCOVER
2080	2083		AGENT. (a) For the purposes of this section, "undercover agent"
2081	2084		means an individual hired by a person to perform a job in or for that
2082	2085		person, and while performing that job, to act as an undercover
2083	2086		agent, an employee, or an independent contractor of a company
2084	2087		license holder, but supervised by a company license holder.
2085	2088		(b) An employee of a company license holder who is employed
2086	2089		exclusively as an undercover agent is not required to obtain an
2087	2090		individual license [register with the board].
2088		-	SECTION 5.~~084~~. Section 1702.241, Occupations Code, is
	2091	+	SECTION 5.083. Section 1702.241, Occupations Code, is
2089	2092		amended to read as follows:
2090	2093		Sec. 1702.241. JURISPRUDENCE EXAMINATION. (a) The
2091	2094		commission [board] may develop and the department may administer at
2092	2095		least twice each calendar year a jurisprudence examination to
2093	2096		determine the knowledge that an applicant for an individual license
2094	2097		[endorsement] has of this chapter, commission [board] rules, and
2095	2098		any other applicable laws of this state affecting the applicant's
2096	2099		activities regulated under this chapter.
2097	2100		(b) Before the department [board] may administer a
2098	2101		jurisprudence examination under this section, the commission
2099	2102		[board] shall adopt rules to implement this section, including
2100	2103		rules related to the development and administration of the
2101	2104		examination, examination fees, guidelines for reexamination,
2102	2105		grading the examination, and providing notice of examination
2103	2106		results. The department [board] may design different examinations
2104	2107		for different types of individual licenses [endorsements].
2105		-	SECTION 5.~~085~~. Section 1702.282, Occupations Code, is
	2108	+	SECTION 5.084. Section 1702.282, Occupations Code, is
2106	2109		amended to read as follows:
2107	2110		Sec. 1702.282. CRIMINAL HISTORY CHECK. (a) The department
2108	2111		[board] shall conduct a criminal history check, including a check
2109	2112		of any criminal history record information maintained by the
2110	2113		Federal Bureau of Investigation, in the manner provided by
2111	2114		Subchapter F, Chapter 411, Government Code, on each applicant for a
2112	2115		license or[, registration,] security officer commission issued
2113	2116		under this chapter[, letter of approval, permit, endorsement, or
2114	2117		certification]. As part of its criminal history check, the
2115	2118		department [board] may request that the applicant provide certified
2116	2119		copies of relevant court documents or other records. The failure to
2117	2120		provide the requested records within a reasonable time as
2118	2121		determined by the department [board] may result in the application
2119	2122		being considered incomplete. An applicant is not eligible for a
2120	2123		license or security officer[, registration,] commission issued
2121	2124		under this chapter[, letter of approval, permit, endorsement, or
2122	2125		certification] if the check reveals that the applicant has
2123	2126		committed an act that constitutes grounds for the denial of the
2124	2127		license or[, registration,] commission[, letter of approval,
2125	2128		permit, endorsement, or certification]. Except as provided by
2126	2129		Subsection (d), each applicant shall submit at the time of
2127	2130		application, including an application for the renewal of a license
2128	2131		or security officer[, registration,] commission issued under this
2129	2132		chapter[, letter of approval, permit, endorsement, or
2130	2133		certification], fingerprints in the manner prescribed by the
2131	2134		department [board] accompanied by the fee set by the commission
2132	2135		[board].
2133	2136		(b) Before beginning employment as a commissioned security
2134	2137		officer, the applicant must be approved by the department [board]
2135	2138		based on the results of the check under Subsection (a). To continue
2136	2139		employment in a capacity regulated under this chapter other than as
2137	2140		a commissioned security officer, the applicant must be approved by
2138	2141		the department [board] based on the results of the check under
2139	2142		Subsection (a) not later than the 120th day after the date the
2140	2143		applicant begins employment in that capacity.
2141	2144		(c) A license or[, registration,] security officer
2142	2145		commission[, letter of approval, permit, endorsement, or
2143	2146		certification] issued by the department [board] is conditional on
2144	2147		the department's review [board's receipt] of criminal history
2145	2148		record information.
2146	2149		(d) An applicant who is a peace officer is not required to
2147	2150		submit fingerprints with the applicant's application. On request,
2148	2151		the law enforcement agency or other entity that employs the peace
2149	2152		officer or the entity that maintains the peace officer's
2150	2153		fingerprints shall provide the fingerprints for the peace officer
2151	2154		to the department [board]. The applicant shall provide sufficient
2152	2155		information to the department [board] to enable the department
2153	2156		[board] to obtain the fingerprints under this subsection.
2154	2157		(e) On receipt of notice that a check of the applicant's
2155	2158		criminal record has uncovered an unresolved and potentially
2156	2159		disqualifying arrest that occurred before the 10th anniversary of
2157	2160		the date the application is filed, the applicant must provide a
2158	2161		letter of reference from the county sheriff, prosecuting attorney,
2159	2162		or judge of the county in which the applicant was arrested stating
2160	2163		that a record of a disposition related to the arrest does not exist,
2161	2164		and to the best of the county sheriff's, prosecuting attorney's, or
2162	2165		judge's knowledge the applicant is free of any disqualifying
2163	2166		convictions. If the applicant fails to provide either the letter of
2164	2167		reference or documentary proof of the final disposition of the
2165	2168		arrest, the application is considered incomplete and the applicant
2166	2169		may not be issued a license or security officer[,] commission[,
2167	2170		endorsement, or certificate of registration] under this chapter.
2168		-	SECTION 5.~~086~~. Section 1702.283, Occupations Code, is
	2171	+	SECTION 5.085. Section 1702.283, Occupations Code, is
2169	2172		amended to read as follows:
2170	2173		Sec. 1702.283. CRUELTY TO ANIMALS. A person who has been
2171	2174		convicted of cruelty to animals under Section 42.09 or 42.092,
2172	2175		Penal Code,[:
2173	2176		[(1) is ineligible for a license as a guard dog company
2174	2177		or for endorsement as a dog trainer; and
2175	2178		[(2)] may not be employed to work with dogs as a
2176	2179		security officer by a security services contractor or security
2177	2180		department of a private business that uses dogs to protect
2178	2181		individuals or property or to conduct investigations.
2179		-	SECTION 5.~~087~~. Section 1702.284(a), Occupations Code, is
	2182	+	SECTION 5.086. Section 1702.284(a), Occupations Code, is
2180	2183		amended to read as follows:
2181	2184		(a) Information contained in alarm systems records
2182	2185		maintained by a governmental body that concerns the location of an
2183	2186		alarm system, the name of the occupant of an alarm system location,
2184	2187		or the type of alarm system used is confidential and may be
2185	2188		disclosed only to the department [board], to the alarm company to
2186	2189		which the confidential records relate, or as otherwise required by
2187	2190		state law or court order.
2188		-	SECTION 5.~~088~~. Section 1702.285, Occupations Code, is
	2191	+	SECTION 5.087. Section 1702.285, Occupations Code, is
2189	2192		amended to read as follows:
2190	2193		Sec. 1702.285. FALSE REPRESENTATION. A person may not
2191	2194		represent falsely that the person:
2192	2195		(1) is employed by a company license holder; or
2193	2196		(2) has a license or security officer commission [is
2194	2197		licensed, registered, endorsed, or commissioned] under this
2195	2198		chapter.
2196		-	SECTION 5.~~089~~. Sections 1702.288(a), (d), and (f),
	2199	+	SECTION 5.088. Sections 1702.288(a), (d), and (f),
2197	2200		Occupations Code, are amended to read as follows:
2198	2201		(a) The commission [board] shall adopt rules in accordance
2199	2202		with this section that require a company license holder acting as an
2200	2203		alarm systems company under this chapter to inform each of the
2201	2204		license holder's clients that the client is entitled to receive a
2202	2205		written contract for alarm system services that contains the
2203	2206		client's fee arrangement and other relevant information about
2204	2207		services to be rendered.
2205	2208		(d) The rules shall require that, not later than the seventh
2206	2209		day after the date of entering into a contract for services
2207	2210		regulated by the department [board] with another alarm systems
2208	2211		company or alarm systems monitor, an alarm systems company shall:
2209	2212		(1) notify the recipient of those services of the
2210	2213		name, address, and telephone number and individual to contact at
2211	2214		the company that purchased the contract;
2212	2215		(2) notify the recipient of services at the time the
2213	2216		contract is negotiated that another licensed company may provide
2214	2217		any of the services requested by subcontracting or outsourcing
2215	2218		those services; and
2216	2219		(3) if any of the services are subcontracted or
2217	2220		outsourced to a licensed third party, notify the recipient of
2218	2221		services, by mail, of the name, address, phone number, and license
2219	2222		number of the company providing those services.
2220	2223		(f) A company license holder acting as an alarm systems
2221	2224		company does not have to provide the notice required under
2222	2225		Subsection (d) if the contact information, including the address
2223	2226		and the telephone numbers for the alarm systems company, has not
2224	2227		changed.
2225		-	SECTION 5.~~090~~. Section 1702.289, Occupations Code, is
	2228	+	SECTION 5.089. Section 1702.289, Occupations Code, is
2226	2229		amended to read as follows:
2227	2230		Sec. 1702.289. INSPECTIONS. (a) An employee or agent of
2228	2231		the department [or board, as applicable,] who enters the place of
2229	2232		business of a person regulated under this chapter for the purpose of
2230	2233		conducting an inspection or audit must:
2231	2234		(1) notify the manager or owner of the business of the
2232	2235		presence of the person conducting the inspection or audit; and
2233	2236		(2) present the manager or owner of the business with
2234	2237		credentials that identify the person conducting the inspection or
2235	2238		audit as an employee or agent of the department [or board].
2236	2239		(b) This section does not prohibit the department [or board]
2237	2240		from conducting an undercover investigation or covert audit in
2238	2241		order to determine compliance with this chapter or a rule adopted
2239	2242		under this chapter.
2240		-	SECTION 5.~~091~~. Sections 1702.301(b), (c), and (h),
	2243	+	SECTION 5.090. Sections 1702.301(b), (c), and (h),
2241	2244		Occupations Code, are amended to read as follows:
2242	2245		(b) A company license, individual license, and security
2243	2246		officer commission expire on the dates determined by the commission
2244	2247		under Section 411.511, Government Code, but not later than [expires
2245	2248		on] the second anniversary of the date the license or commission is
2246	2249		issued.
2247	2250		(c) A personal protection officer license [endorsement]
2248	2251		expires on the date determined by the commission under Section
2249	2252		411.511, Government Code, but not later than [on] the expiration
2250	2253		date of the security officer commission under which the license
2251	2254		[individual's endorsement] is issued.
2252	2255		(h) A license[, registration, or endorsement] issued under
2253	2256		this chapter, other than one specified in this section, expires on
2254	2257		the date determined by the commission under Section 411.511,
2255	2258		Government Code, but not later than the second anniversary of the
2256	2259		date the license is issued [specified by this chapter or by board
2257	2260		rule].
2258		-	SECTION 5.~~092~~. Sections 1702.302(a), (b), (c), and (e),
	2261	+	SECTION 5.091. Sections 1702.302(a), (b), (c), and (e),
2259	2262		Occupations Code, are amended to read as follows:
2260	2263		(a) A person who is otherwise eligible to renew a license
2261	2264		may renew an unexpired license by paying the required renewal fee to
2262	2265		the department [board] before the expiration date of the license. A
2263	2266		person whose license has expired may not engage in activities that
2264	2267		require a license until the license has been renewed.
2265	2268		(b) A person whose license has been expired for 90 days or
2266	2269		less may renew the license by paying to the department [board] a
2267	2270		renewal fee that is equal to 1-1/2 times the normally required
2268	2271		renewal fee.
2269	2272		(c) A person whose license has been expired for longer than
2270	2273		90 days but less than one year may renew the license by paying to the
2271	2274		department [board] a renewal fee that is equal to two times the
2272	2275		normally required renewal fee.
2273	2276		(e) Not later than the 30th day before the date a person's
2274	2277		license is scheduled to expire, the department [board] shall send
2275	2278		written notice of the impending expiration to the person at the
2276	2279		person's last known address according to the department's [board's]
2277	2280		records.
2278		-	SECTION 5.~~093~~. Section 1702.303, Occupations Code, is
	2281	+	SECTION 5.092. Section 1702.303, Occupations Code, is
2279	2282		amended to read as follows:
2280	2283		Sec. 1702.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
2281	2284		PRACTITIONER. A person who was licensed in this state, moved to
2282	2285		another state, and is currently licensed and has been in practice in
2283	2286		the other state for the two years preceding the date the person
2284	2287		applies for renewal may obtain a new license without reexamination.
2285	2288		The person must pay to the department [board] a fee that is equal to
2286	2289		two times the normally required renewal fee for the license.
2287		-	SECTION 5.~~094~~. Sections 1702.308(b) and (c), Occupations
	2290	+	SECTION 5.093. Sections 1702.308(b) and (c), Occupations
2288	2291		Code, are amended to read as follows:
2289	2292		(b) The department [board] shall recognize, prepare, or
2290	2293		administer continuing education programs for company license
2291	2294		holders, commissioned security officers, and individual license
2292	2295		[endorsement] holders. The commission [board] shall set the
2293	2296		minimum number of hours that must be completed and the types of
2294	2297		programs that may be offered.
2295	2298		(c) A company license holder, commissioned security
2296	2299		officer, or individual license [endorsement] holder must
2297	2300		participate in the programs to the extent required by the
2298	2301		commission [board] to keep the person's license or[,] commission[,
2299	2302		or endorsement]. A company license holder, commissioned security
2300	2303		officer, or individual license [endorsement] holder shall submit
2301	2304		evidence of compliance with the commission's [board's] continuing
2302	2305		education requirements in a manner prescribed by the department
2303	2306		[board].
2304		-	SECTION 5.~~095~~. Section 1702.309(a), Occupations Code, is
	2307	+	SECTION 5.094. Section 1702.309(a), Occupations Code, is
2305	2308		amended to read as follows:
2306	2309		(a) The commission [board] by rule shall develop a
2307	2310		continuing education course required for renewal of a security
2308	2311		officer commission. Only a department-approved [board-approved]
2309	2312		instructor may administer the continuing education course. The
2310	2313		course must include at least six hours of instruction determined by
2311	2314		the department [chief administrator of the board].
2312		-	SECTION 5.~~096~~. Sections 1702.321(b), (c), and (e),
	2315	+	SECTION 5.095. Sections 1702.321(b), (c), and (e),
2313	2316		Occupations Code, are amended to read as follows:
2314	2317		(b) The provisions of this chapter relating to security
2315	2318		officer commissions apply to a person employed by a political
2316	2319		subdivision whose duties include serving as a security guard,
2317	2320		security watchman, or security patrolman on property owned or
2318	2321		operated by the political subdivision if the governing body of the
2319	2322		political subdivision files a written request with the department
2320	2323		[board] for the department [board] to issue a commission to the
2321	2324		political subdivision's employees with those duties.
2322	2325		(c) The department [board] may not charge a fee for issuing
2323	2326		a commission to an officer under Subsection (b). The department
2324	2327		[board] shall issue to the officer a pocket card designating the
2325	2328		political subdivision that employs the officer.
2326	2329		(e) The department [board] may approve a security officer
2327	2330		training program conducted by the political subdivision in
2328	2331		accordance with Sections 1702.1675 and 1702.168.
2329		-	SECTION 5.~~097~~. Sections 1702.323(c) and (c-1), Occupations
	2332	+	SECTION 5.096. Sections 1702.323(c) and (c-1), Occupations
2330	2333		Code, are amended to read as follows:
2331	2334		(c) The security department of a private business may not
2332	2335		hire or employ an individual to perform a duty described by Section
2333	2336		1702.222 if the individual has been convicted of a crime that would
2334	2337		otherwise preclude the individual from being licensed [registered]
2335	2338		under this chapter. The private business shall maintain the
2336	2339		individual's criminal history record on file at the business and
2337	2340		shall make the record available for inspection by the department
2338	2341		[Department of Public Safety].
2339	2342		(c-1) Although the security department of a private
2340	2343		business that hires or employs an individual as a private security
2341	2344		officer to possess a firearm in the course and scope of the
2342	2345		individual's duties is required to apply for a security officer
2343	2346		commission for the individual under this chapter, the security
2344	2347		department of a private business is not required to apply [to the
2345	2348		board] for any license under this chapter.
2346		-	SECTION 5.~~098~~. Section 1702.331(b), Occupations Code, is
	2349	+	SECTION 5.097. Section 1702.331(b), Occupations Code, is
2347	2350		amended to read as follows:
2348	2351		(b) This chapter does not apply to:
2349	2352		(1) an alarm systems company that sells, installs,
2350	2353		services, monitors, or responds to only personal emergency response
2351	2354		systems;
2352	2355		(2) an alarm systems installer who installs,
2353	2356		maintains, or repairs only personal emergency response systems; and
2354	2357		(3) [a manager or branch office manager of an alarm
2355	2358		systems company described by Subdivision (1);
2356	2359		[(4) a security salesperson who is employed by an
2357	2360		alarm systems company described by Subdivision (1) to sell services
2358	2361		offered by the company; and
2359	2362		[(5)] an owner[, officer, partner, or shareholder] of
2360	2363		an alarm systems company described by Subdivision (1).
2361		-	SECTION 5.~~099~~. Sections 1702.332(c) and (d), Occupations
	2364	+	SECTION 5.098. Sections 1702.332(c) and (d), Occupations
2362	2365		Code, are amended to read as follows:
2363	2366		(c) To qualify for the exemption provided by Subsection (b),
2364	2367		a telematics service provider shall[:
2365	2368		[(1)] establish business practices and procedures
2366	2369		that are at least as stringent as the guidelines established by the
2367	2370		Association of Public Safety Communications Officials
2368	2371		International regarding the communication of information from
2369	2372		telematics service providers to public safety agencies[; and
2370	2373		[(2) pay an annual fee of $2,500 to the department].
2371	2374		(d) The commission [department] may adopt rules necessary
2372	2375		to carry out the purposes of this section, including rules to
2373	2376		determine whether a telematics service provider is complying with
2374	2377		Subsection (c).
2375		-	SECTION 5.~~100~~. Section 1702.361, Occupations Code, is
	2378	+	SECTION 5.099. Section 1702.361, Occupations Code, is
2376	2379		amended to read as follows:
2377	2380		Sec. 1702.361. DENIAL AND DISCIPLINARY ACTIONS; GROUNDS.
2378	2381		(a) The commission [department], for conduct described by
2379	2382		Subsection (b), may:
2380	2383		(1) deny an application or revoke, suspend, or refuse
2381	2384		to renew a license[, registration, endorsement,] or security
2382	2385		officer commission;
2383	2386		(2) reprimand a license holder[, registrant,] or
2384	2387		commissioned security officer; or
2385	2388		(3) place on probation a person whose license[,
2386	2389		registration, endorsement,] or security officer commission has
2387	2390		been suspended.
2388	2391		(b) The commission [department] shall take disciplinary
2389	2392		action described by Subsection (a) on proof:
2390	2393		(1) that the applicant, license holder, [manager or]
2391	2394		majority owner of a license holder, [registrant, endorsement
2392	2395		holder,] or commissioned security officer has:
2393	2396		(A) violated this chapter or a rule adopted under
2394	2397		this chapter;
2395	2398		(B) become ineligible for licensure[,
2396	2399		registration, or endorsement under Section 1702.113,] or a security
2397	2400		officer commission under Section 1702.163, if applicable, other
2398	2401		than an action for which the department has taken summary action
2399	2402		under Section 1702.364;
2400	2403		(C) engaged in fraud, deceit, or
2401	2404		misrepresentation;
2402	2405		(D) made a material misstatement in an
2403	2406		application for or renewal of a license[, registration,
2404	2407		endorsement,] or commission;
2405	2408		(E) failed to pay in full an administrative
2406	2409		penalty assessed under Subchapter R, Chapter 411, Government Code
2407	2410		[Q], for which the commission [board] has issued a final order; or
2408	2411		(F) performed any service for which an individual
2409	2412		license [endorsement] is required under this chapter and either:
2410	2413		(i) was not employed with a company
2411	2414		licensed under this chapter at the time the service was performed;
2412	2415		or
2413	2416		(ii) performed the service for a company
2414	2417		licensed under this chapter that was not listed on the individual's
2415	2418		individual license [registration] without informing the department
2416	2419		[board] of the individual's employment with the company within a
2417	2420		reasonable period; or
2418	2421		[(G) failed to qualify a new manager within the
2419	2422		time required by board rule following the termination of a manager;
2420	2423		or]
2421	2424		(2) that the company license holder employing an
2422	2425		individual license holder [of a registrant] or commissioned
2423	2426		security officer has submitted to the department sufficient
2424	2427		evidence that the individual license holder [registrant] or
2425	2428		commissioned security officer:
2426	2429		(A) engaged in fraud or deceit while employed by
2427	2430		the company license holder; or
2428	2431		(B) committed theft while performing work as an
2429	2432		individual license holder [a registrant] or commissioned security
2430	2433		officer.
2431	2434		(c) The commission [department] may place on probation a
2432	2435		person whose license is suspended. If a person's suspension of a
2433	2436		license is probated, the commission [department] may require the
2434	2437		person:
2435	2438		(1) to report regularly to the department on matters
2436	2439		that are the basis of the suspension;
2437	2440		(2) to limit practice to the areas prescribed by the
2438	2441		commission [department]; or
2439	2442		(3) to continue or review professional education until
2440	2443		the person attains a degree of skill satisfactory to the commission
2441	2444		[department] in those areas that are the basis of the probation.
2442	2445		(d) The commission [department] may revoke a license[,
2443	2446		certificate, registration, endorsement,] or security officer
2444	2447		commission if the person holding that credential under this chapter
2445	2448		submits payment of a fee or penalty that is returned for
2446	2449		insufficient funds and the person has received notice and an
2447	2450		opportunity to provide payment in full.
2448		-	SECTION 5.~~101~~. Section 1702.363, Occupations Code, is
2449		-	amended to read as follows:
2450		-	Sec. 1702.363. APPLICATION OF ~~ADMINISTRATIVE PROCEDURE~~
2451		-	ACT. Except as provided by Section ~~[Sections 1702.3615(b) and]~~
2452		-	1702.364, a person regulated under this ~~chapter against whom the~~
2453		-	commission [board] has taken action is ~~entitled to a hearing before~~
2454		-	the State Office of Administrative ~~Hearings. A proceeding under~~
2455		-	this section is a contested case that ~~is governed by Chapter 2001,~~
2456		-	Government Code.
2457		-	SECTION 5.~~102~~. Sections 1702.364(a), (b), (c), (d), (e),
	2451	+	SECTION 5.100. Section 1702.363, Occupations Code, is
	2452	+	amended to read as follows:
	2453	+	Sec. 1702.363. RIGHT TO HEARING [APPLICATION OF
	2454	+	ADMINISTRATIVE PROCEDURE ACT]. Except as provided by Section
	2455	+	[Sections 1702.3615(b) and] 1702.364, a person regulated under this
	2456	+	chapter against whom the commission [board] has taken action is
	2457	+	entitled to a hearing before the State Office of Administrative
	2458	+	Hearings. [A proceeding under this section is a contested case that
	2459	+	is governed by Chapter 2001, Government Code.]
	2460	+	SECTION 5.101. Sections 1702.364(a), (b), (c), (d), (e),
2458	2461		and (f), Occupations Code, are amended to read as follows:
2459	2462		(a) On receiving written notice from a law enforcement
2460	2463		agency that a person has been charged with or convicted of an
2461	2464		offense that would make the person ineligible for a license[,
2462	2465		certificate of registration, endorsement,] or security officer
2463	2466		commission under Section 1702.113 or 1702.163, or a rule adopted
2464	2467		under Section 1702.004(b), the commission [department] shall:
2465	2468		(1) summarily deny the person's application for a
2466	2469		license[, registration, endorsement,] or security officer
2467	2470		commission;
2468	2471		(2) in the event of pending charges, summarily suspend
2469	2472		the person's license[, certificate of registration, endorsement,]
2470	2473		or security officer commission; or
2471	2474		(3) in the event of a conviction, summarily revoke the
2472	2475		person's license[, certificate of registration, endorsement,] or
2473	2476		security officer commission.
2474	2477		(b) To initiate a proceeding to take action under Subsection
2475	2478		(a), the department must serve notice to the person. The notice
2476	2479		must:
2477	2480		(1) inform the person of the person's right to a
2478	2481		[preliminary] hearing before the department or the department's
2479	2482		designee;
2480	2483		(2) state the basis for the summary action; and
2481	2484		(3) be personally served on the person or the person's
2482	2485		authorized representative, or sent to the person by certified or
2483	2486		registered mail, return receipt requested, to the person's mailing
2484	2487		address as it appears in the department's records.
2485	2488		(c) The action is effective at the time notice is served.
2486	2489		The person shall immediately surrender to the department any
2487	2490		[certificate of registration,] security officer commission, pocket
2488	2491		card, or other form of identification issued by the department.
2489	2492		(d) At a [preliminary] hearing under this section, the
2490	2493		person must show cause why:
2491	2494		(1) the application should not have been denied;
2492	2495		(2) the [registration,] license[, endorsement,] or
2493	2496		security officer commission should not have been suspended; or
2494	2497		(3) the [registration,] license[, endorsement,] or
2495	2498		commission should not have been revoked.
2496		-	(e) Chapter 2001, Government Code, ~~applies [does not apply]~~
2497		-	to a proceeding under this section for the summary ~~denial of an~~
2498		-	application for or the summary suspension or ~~revocation of a~~
2499		-	license or security officer commission [the ~~department's initial~~
2500		-	action under this section or to a preliminary ~~hearing before the~~
2501		-	department under this section].
	2499	+	(e) Subchapter R applies [Chapter 2001, Government Code,
	2500	+	does not apply] to a proceeding under this section for the summary
	2501	+	denial of an application for or the summary suspension or
	2502	+	revocation of a license or security officer commission [the
	2503	+	department's initial action under this section or to a preliminary
	2504	+	hearing before the department under this section].
2502	2505		(f) The dismissal of a complaint, information, or
2503	2506		indictment or an acquittal releases the person from automatic
2504	2507		grounds for a summary denial of an application or summary
2505	2508		suspension of a license or [registration, endorsement, or] security
2506	2509		officer commission under this section. A conviction for the
2507	2510		offense giving rise to a summary suspension is automatic grounds
2508	2511		for immediate, summary revocation.
2509		-	SECTION 5.~~103~~. Section 1702.365, Occupations Code, is
	2512	+	SECTION 5.102. Section 1702.365, Occupations Code, is
2510	2513		amended to read as follows:
2511	2514		Sec. 1702.365. ABDUCTION OF CHILD. The commission [board]
2512	2515		shall revoke a person's license[, registration, endorsement,] or
2513	2516		security officer commission or deny a person's application for, or
2514	2517		renewal of, a license[, registration, endorsement,] or security
2515	2518		officer commission on proof that the person or an agent of the
2516	2519		person has, after the date of application for a license[,
2517	2520		registration, endorsement,] or security officer commission,
2518	2521		abducted or attempted to abduct by force or the threat of force or
2519	2522		by misrepresentation, stealth, or unlawful entry a child who at the
2520	2523		time of the abduction or attempt is under the care and control of a
2521	2524		person who:
2522	2525		(1) has custody or physical possession of the child
2523	2526		under a court order; or
2524	2527		(2) is exercising the care and control with the
2525	2528		consent of a person who has custody or physical possession of the
2526	2529		child under a court order.
2527		-	SECTION 5.~~104~~. Sections 1702.367(a), (c), (d), and (e),
	2530	+	SECTION 5.103. Sections 1702.367(a), (c), (d), and (e),
2528	2531		Occupations Code, are amended to read as follows:
2529	2532		(a) For an investigation conducted under this chapter, if
2530	2533		necessary to enforce this chapter or the commission [board's] rules
2531	2534		adopted under this chapter, the department may issue an
2532	2535		administrative subpoena to any person in this state compelling:
2533	2536		(1) the production of information or documents; or
2534	2537		(2) the attendance and testimony of a witness.
2535	2538		(c) A person required to testify or to produce a record or
2536	2539		document on any matter properly under inquiry by the department
2537	2540		[board] who refuses to testify or to produce the record or document
2538	2541		on the ground that the testimony or the production of the record or
2539	2542		document would incriminate or tend to incriminate the person is
2540	2543		nonetheless required to testify or to produce the record or
2541	2544		document. A person who is required to testify or to produce a
2542	2545		record or document under this subsection is not subject to
2543	2546		indictment or prosecution for a transaction, matter, or thing
2544	2547		concerning which the person truthfully testifies or produces
2545	2548		evidence.
2546	2549		(d) If a witness refuses to obey a subpoena or to give
2547	2550		evidence relevant to proper inquiry by the department [board], the
2548	2551		department [board] may petition a district court of the county in
2549	2552		which the hearing is held to compel the witness to obey the subpoena
2550	2553		or to give the evidence. The court shall immediately issue process
2551	2554		to the witness and shall hold a hearing on the petition as soon as
2552	2555		possible.
2553	2556		(e) An investigator employed by the department [board] may
2554	2557		take statements under oath in an investigation of a matter covered
2555	2558		by this chapter.
2556		-	SECTION 5.~~105~~. Section 1702.368, Occupations Code, is
	2559	+	SECTION 5.104. Section 1702.368, Occupations Code, is
2557	2560		amended to read as follows:
2558	2561		Sec. 1702.368. NOTIFICATION OF CONVICTION FOR CERTAIN
2559	2562		OFFENSES. The department shall notify the [board and the] police
2560	2563		department of the municipality and the sheriff's department of the
2561	2564		county in which a person licensed[, registered,] or commissioned
2562	2565		under this chapter resides of the conviction of the person for a
2563	2566		Class B misdemeanor or equivalent offense or a greater offense.
2564		-	SECTION 5.~~106~~. Section 1702.372, Occupations Code, is
	2567	+	SECTION 5.105. Section 1702.372, Occupations Code, is
2565	2568		amended to read as follows:
2566	2569		Sec. 1702.372. RECUSAL OF COMMISSION [BOARD] MEMBER.
2567	2570		(a) A commission [board] member who participated in the
2568	2571		investigation of a complaint of a violation of this chapter or in
2569	2572		informal settlement negotiations regarding the complaint:
2570	2573		(1) may not vote on the matter at a commission [board]
2571	2574		meeting related to the complaint; and
2572	2575		(2) shall state at the meeting the reason for which the
2573	2576		member is prohibited from voting on the matter.
2574	2577		(b) A statement under Subsection (a)(2) shall be entered
2575	2578		into the minutes of the meeting.
2576		-	SECTION 5.~~107~~. Section 1702.381(b), Occupations Code, is
	2579	+	SECTION 5.106. Section 1702.381(b), Occupations Code, is
2577	2580		amended to read as follows:
2578	2581		(b) A person who contracts with or employs a person who is
2579	2582		required to hold a license[, registration, endorsement,] or
2580	2583		security officer commission under this chapter knowing that the
2581	2584		person does not hold the required license[, registration,
2582	2585		endorsement,] or commission or who otherwise, at the time of
2583	2586		contract or employment, is in violation of this chapter may be
2584	2587		assessed a civil penalty to be paid to the state in an amount not to
2585	2588		exceed $10,000 for each violation.
2586		-	SECTION 5.~~108~~. Section 1702.386(a), Occupations Code, is
	2589	+	SECTION 5.107. Section 1702.386(a), Occupations Code, is
2587	2590		amended to read as follows:
2588	2591		(a) A person commits an offense if the person contracts with
2589	2592		or employs a person who is required to hold a license[,
2590	2593		registration, endorsement,] or commission under this chapter
2591	2594		knowing that the person does not hold the required license[,
2592	2595		registration, endorsement,] or commission or who otherwise, at the
2593	2596		time of contract or employment, is in violation of this chapter.
2594		-	SECTION 5.~~109~~. Section 1702.3863(a), Occupations Code, is
	2597	+	SECTION 5.108. Section 1702.3863(a), Occupations Code, is
2595	2598		amended to read as follows:
2596	2599		(a) A person commits an offense if the person contracts with
2597	2600		or is employed by a bail bond surety as defined by Chapter 1704 to
2598	2601		secure the appearance of a person who has violated Section 38.10,
2599	2602		Penal Code, unless the person is:
2600	2603		(1) a peace officer;
2601	2604		(2) an individual [endorsed or] licensed as a private
2602	2605		investigator [or the manager of a licensed investigations company];
2603	2606		or
2604	2607		(3) a commissioned security officer employed by a
2605	2608		licensed guard company.
2606		-	SECTION 5.~~110~~. Section 1702.387(a), Occupations Code, is
	2609	+	SECTION 5.109. Section 1702.387(a), Occupations Code, is
2607	2610		amended to read as follows:
2608	2611		(a) A person commits an offense if the person fails to
2609	2612		surrender or immediately return to the department [board] the
2610	2613		person's [registration,] commission, pocket card, or other
2611	2614		identification issued to the person by the department under this
2612	2615		chapter [board] on notification of a summary suspension or summary
2613	2616		denial under Section 1702.364.
2614		-	SECTION 5.~~111~~. Section 1702.3875(a), Occupations Code, is
	2617	+	SECTION 5.110. Section 1702.3875(a), Occupations Code, is
2615	2618		amended to read as follows:
2616	2619		(a) A person commits an offense if the person:
2617	2620		(1) impersonates a commissioned or noncommissioned
2618	2621		security officer with the intent to induce another to submit to the
2619	2622		person's pretended authority or to rely on the person's pretended
2620	2623		acts of a security officer; or
2621	2624		(2) knowingly purports to exercise any function that
2622	2625		requires licensure [registration] as a noncommissioned security
2623	2626		officer or a security officer commission.
2624		-	SECTION 5.~~112~~. Section 1702.388(b), Occupations Code, is
	2627	+	SECTION 5.111. Section 1702.388(b), Occupations Code, is
2625	2628		amended to read as follows:
2626	2629		(b) An offense under this section is a Class A misdemeanor,
2627	2630		except that the offense is a felony of the third degree if the
2628	2631		person has previously been convicted under this chapter of failing
2629	2632		to hold a license, [registration, endorsement,] certificate of
2630	2633		insurance, or commission that the person is required to hold under
2631	2634		this chapter.
	2635	+	SECTION 5.112. Chapter 1702, Occupations Code, is amended
	2636	+	by adding Subchapter R to read as follows:
	2637	+	SUBCHAPTER R. HEARING AND APPEALS PROCEDURE
	2638	+	Sec. 1702.451. RULES; APPLICATION OF ADMINISTRATIVE
	2639	+	PROCEDURE ACT. (a) The commission and the State Office of
	2640	+	Administrative Hearings shall adopt rules to administer this
	2641	+	subchapter.
	2642	+	(b) Chapter 2001, Government Code, applies to a proceeding
	2643	+	under this subchapter to the extent consistent with this
	2644	+	subchapter.
	2645	+	Sec. 1702.452. HEARING. (a) If a person regulated under
	2646	+	this chapter against whom the commission has taken action under
	2647	+	this chapter or Chapter 411, Government Code, requests a hearing:
	2648	+	(1) the hearing shall be heard by an administrative
	2649	+	law judge employed by the State Office of Administrative Hearings;
	2650	+	and
	2651	+	(2) the issue that must be proved by a preponderance of
	2652	+	the evidence is whether the person engaged in the conduct that
	2653	+	constitutes the grounds for the commission's action against the
	2654	+	person.
	2655	+	(b) If the administrative law judge finds in the affirmative
	2656	+	on the issue under Subsection (a)(2), the commission's action is
	2657	+	sustained.
	2658	+	(c) If the administrative law judge does not find in the
	2659	+	affirmative on the issue under Subsection (a)(2), the commission
	2660	+	shall:
	2661	+	(1) reverse or withdraw its action against the person,
	2662	+	as appropriate; and
	2663	+	(2) issue:
	2664	+	(A) an order of reversal or withdrawal under
	2665	+	Subdivision (1); and
	2666	+	(B) notice of the reversal or withdrawal to the
	2667	+	person.
	2668	+	(d) The decision of the administrative law judge is final
	2669	+	when issued and signed.
	2670	+	Sec. 1702.453. APPEAL. A person against whom the
	2671	+	commission's action is sustained under Section 1702.452(b) may
	2672	+	appeal the decision by filing a petition in a district court in
	2673	+	Travis County not later than the 30th day after the date the
	2674	+	administrative law judge's decision is final. The administrative
	2675	+	law judge's final decision is immediately appealable without the
	2676	+	requirement of a motion for rehearing.
	2677	+	Sec. 1702.454. STANDARD FOR JUDICIAL REVIEW. A person who
	2678	+	is aggrieved by a final decision of an administrative law judge
	2679	+	under this subchapter is entitled to judicial review under the
	2680	+	substantial evidence rule.
2632	2681		SECTION 5.113. Section 411.042(b), Government Code, is
2633	2682		amended to read as follows:
2634	2683		(b) The bureau of identification and records shall:
2635	2684		(1) procure and file for record photographs, pictures,
2636	2685		descriptions, fingerprints, measurements, and other pertinent
2637	2686		information of all persons arrested for or charged with a criminal
2638	2687		offense or convicted of a criminal offense, regardless of whether
2639	2688		the conviction is probated;
2640	2689		(2) collect information concerning the number and
2641	2690		nature of offenses reported or known to have been committed in the
2642	2691		state and the legal steps taken in connection with the offenses, and
2643	2692		other information useful in the study of crime and the
2644	2693		administration of justice, including information that enables the
2645	2694		bureau to create a statistical breakdown of:
2646	2695		(A) offenses in which family violence was
2647	2696		involved;
2648	2697		(B) offenses under Sections 22.011 and 22.021,
2649	2698		Penal Code; and
2650	2699		(C) offenses under Sections 20A.02, 43.02(a),
2651	2700		43.02(b), 43.03, and 43.05, Penal Code;
2652	2701		(3) make ballistic tests of bullets and firearms and
2653	2702		chemical analyses of bloodstains, cloth, materials, and other
2654	2703		substances for law enforcement officers of the state;
2655	2704		(4) cooperate with identification and crime records
2656	2705		bureaus in other states and the United States Department of
2657	2706		Justice;
2658	2707		(5) maintain a list of all previous background checks
2659	2708		for applicants for any position regulated under Chapter 1702,
2660	2709		Occupations Code, who have undergone a criminal history background
2661	2710		check as required by that chapter [under Section 411.119], if the
2662	2711		check indicates a Class B misdemeanor or equivalent offense or a
2663	2712		greater offense;
2664	2713		(6) collect information concerning the number and
2665	2714		nature of protective orders and magistrate's orders of emergency
2666	2715		protection and all other pertinent information about all persons
2667	2716		subject to active orders, including pertinent information about
2668	2717		persons subject to conditions of bond imposed for the protection of
2669	2718		the victim in any family violence, sexual assault or abuse,
2670	2719		stalking, or trafficking case. Information in the law enforcement
2671	2720		information system relating to an active order shall include:
2672	2721		(A) the name, sex, race, date of birth, personal
2673	2722		descriptors, address, and county of residence of the person to whom
2674	2723		the order is directed;
2675	2724		(B) any known identifying number of the person to
2676	2725		whom the order is directed, including the person's social security
2677	2726		number or driver's license number;
2678	2727		(C) the name and county of residence of the
2679	2728		person protected by the order;
2680	2729		(D) the residence address and place of employment
2681	2730		or business of the person protected by the order, unless that
2682	2731		information is excluded from the order under Article 17.292(e),
2683	2732		Code of Criminal Procedure;
2684	2733		(E) the child-care facility or school where a
2685	2734		child protected by the order normally resides or which the child
2686	2735		normally attends, unless that information is excluded from the
2687	2736		order under Article 17.292(e), Code of Criminal Procedure;
2688	2737		(F) the relationship or former relationship
2689	2738		between the person who is protected by the order and the person to
2690	2739		whom the order is directed;
2691	2740		(G) the conditions of bond imposed on the person
2692	2741		to whom the order is directed, if any, for the protection of a
2693	2742		victim in any family violence, sexual assault or abuse, stalking,
2694	2743		or trafficking case;
2695	2744		(H) any minimum distance the person subject to
2696	2745		the order is required to maintain from the protected places or
2697	2746		persons; and
2698	2747		(I) the date the order expires;
2699	2748		(7) grant access to criminal history record
2700	2749		information in the manner authorized under Subchapter F;
2701	2750		(8) collect and disseminate information regarding
2702	2751		offenders with mental impairments in compliance with Chapter 614,
2703	2752		Health and Safety Code; and
2704	2753		(9) record data and maintain a state database for a
2705	2754		computerized criminal history record system and computerized
2706	2755		juvenile justice information system that serves:
2707	2756		(A) as the record creation point for criminal
2708	2757		history record information and juvenile justice information
2709	2758		maintained by the state; and
2710	2759		(B) as the control terminal for the entry of
2711	2760		records, in accordance with federal law and regulations, federal
2712	2761		executive orders, and federal policy, into the federal database
2713	2762		maintained by the Federal Bureau of Investigation.
2714	2763		SECTION 5.114. (a) Section 411.119, Government Code, is
2715	2764		repealed.
2716	2765		(b) The following provisions of the Occupations Code are
2717	2766		repealed:
2718	2767		(1) Section 1702.002(1-b);
2719	2768		(2) Section 1702.002(3);
2720	2769		(3) Section 1702.002(6-b);
2721	2770		(4) Section 1702.002(11);
2722	2771		(5) Section 1702.002(12);
2723	2772		(6) Section 1702.002(13);
2724	2773		(7) Section 1702.002(14);
2725	2774		(8) Section 1702.002(19);
2726	2775		(9) Section 1702.002(20);
2727	2776		(10) Section 1702.027(c);
2728		-	(11) Section 1702.030;
2729		-	(12) Section 1702.043;
2730		-	(13) Section 1702.047;
2731		-	(14) Section 1702.0611;
2732		-	(15) Section 1702.0612;
2733		-	(16) Section 1702.066;
2734		-	(17) Section 1702.081;
2735		-	(18) Section 1702.082;
2736		-	(19) Section 1702.083;
2737		-	(20) Section 1702.1045;
2738		-	(21) Section 1702.109;
2739		-	(22) Section 1702.111;
2740		-	(23) Section 1702.113(d);
2741		-	(24) Section 1702.116;
2742		-	(25) Section 1702.119;
2743		-	(26) Section 1702.120;
2744		-	(27) Section 1702.121;
2745		-	(28) Section 1702.183;
2746		-	(29) Section 1702.225;
2747		-	(30) Section 1702.227;
2748		-	(31) Section 1702.228;
2749		-	(32) Sections 1702.301(a), (d), (e), (f), and (g);
2750		-	(33) Section 1702.304;
2751		-	(34) Section 1702.307;
2752		-	(35) Section 1702.3615;
2753		-	(36) Section 1702.362;
2754		-	(37) Sections 1702.364(g), (h), and (i);
2755		-	(38) Section 1702.371;
2756		-	(39) Section 1702.385; and
2757		-	(40) Subchapter Q, Chapter 1702.
	2777	+	(11) Section 1702.028;
	2778	+	(12) Section 1702.030;
	2779	+	(13) Section 1702.043;
	2780	+	(14) Section 1702.047;
	2781	+	(15) Section 1702.0611;
	2782	+	(16) Section 1702.0612;
	2783	+	(17) Section 1702.066;
	2784	+	(18) Section 1702.081;
	2785	+	(19) Section 1702.082;
	2786	+	(20) Section 1702.083;
	2787	+	(21) Section 1702.1045;
	2788	+	(22) Section 1702.109;
	2789	+	(23) Section 1702.111;
	2790	+	(24) Section 1702.113(d);
	2791	+	(25) Section 1702.116;
	2792	+	(26) Section 1702.119;
	2793	+	(27) Section 1702.120;
	2794	+	(28) Section 1702.121;
	2795	+	(29) Section 1702.183;
	2796	+	(30) Section 1702.225;
	2797	+	(31) Section 1702.227;
	2798	+	(32) Section 1702.228;
	2799	+	(33) Sections 1702.301(a), (d), (e), (f), and (g);
	2800	+	(34) Section 1702.304;
	2801	+	(35) Section 1702.307;
	2802	+	(36) Section 1702.3615;
	2803	+	(37) Section 1702.362;
	2804	+	(38) Sections 1702.364(g), (h), and (i);
	2805	+	(39) Section 1702.371;
	2806	+	(40) Section 1702.385; and
	2807	+	(41) Subchapter Q, Chapter 1702.
2758	2808		SECTION 5.115. (a) On September 1, 2019, the terms of the
2759	2809		members serving on the Texas Private Security Board expire and the
2760	2810		Texas Private Security Board is abolished.
2761	2811		(b) As soon as practicable after the effective date of this
2762	2812		Act, the Public Safety Commission shall appoint members to the
2763	2813		Texas Private Security Advisory Committee in accordance with
2764	2814		Section 1702.021, Occupations Code, as amended by this Act. A board
2765	2815		member whose term expired under Subsection (a) of this section is
2766	2816		eligible for reappointment to the advisory committee.
2767	2817		(c) The members of the Texas Private Security Board whose
2768	2818		terms expire under Subsection (a) of this section shall continue to
2769	2819		provide advice to the Department of Public Safety until a majority
2770	2820		of the members of the Texas Private Security Advisory Committee are
2771	2821		appointed under Subsection (b) of this section and qualified.
2772	2822		SECTION 5.116. (a) In this section:
2773	2823		(1) "Commission" means the Public Safety Commission.
2774	2824		(2) "Department" means the Department of Public
2775	2825		Safety.
2776	2826		(3) "Former board" means the Texas Private Security
2777	2827		Board.
2778	2828		(b) On September 1, 2019:
2779	2829		(1) all functions and activities performed by the
2780	2830		former board immediately before that date are transferred to the
2781	2831		department;
2782	2832		(2) all rules, fees, policies, procedures, decisions,
2783	2833		and forms adopted by the former board are continued in effect as
2784	2834		rules, fees, policies, procedures, decisions, and forms of the
2785	2835		commission or the department, as applicable, and remain in effect
2786	2836		until amended or replaced by the commission or department;
2787	2837		(3) a complaint, investigation, contested case, or
2788	2838		other proceeding before the former board that is pending on
2789	2839		September 1, 2019, is transferred without change in status to the
2790	2840		department or the commission, as appropriate;
2791	2841		(4) all money, contracts, leases, property, and
2792	2842		obligations of the former board are transferred to the department;
2793	2843		(5) all property in the custody of the former board is
2794	2844		transferred to the department; and
2795	2845		(6) the unexpended and unobligated balance of any
2796	2846		money appropriated by the legislature for the former board is
2797	2847		transferred to the department.
2798	2848		(c) The former board shall provide the department with
2799	2849		access to any systems or information necessary for the department
2800	2850		to accept the program transferred under this Act.
2801	2851		(d) A license, certificate, or other authorization issued
2802	2852		by the former board is continued in effect as a license,
2803	2853		certificate, or other authorization of the department.
2804	2854		SECTION 5.117. On September 1, 2019, the following expire:
2805	2855		(1) any license, registration, endorsement, or other
2806	2856		authorization required to operate as a guard dog company or trainer
2807	2857		of a dog used to protect persons or property or to conduct
2808	2858		investigations, as described by Chapter 1702, Occupations Code, as
2809	2859		that chapter existed immediately before the effective date of this
2810	2860		Act; and
2811	2861		(2) any license, registration, endorsement, or other
2812	2862		authorization required to operate as a security salesperson,
2813	2863		private security consultant, or private security consulting
2814	2864		company, as described by Chapter 1702, Occupations Code, as that
2815	2865		chapter existed immediately before the effective date of this Act.
2816	2866		SECTION 5.118. As soon as practicable after the effective
2817		-	date of this Act, the Public Safety Commission shall adopt rules
	2867	+	date of this Act:
	2868	+	(1) the Public Safety Commission shall adopt rules
2818	2869		necessary to implement the changes in law made by this Act to
2819		-	Chapter 1702, Occupations Code.
	2870	+	Chapter 1702, Occupations Code; and
	2871	+	(2) the State Office of Administrative Hearings shall
	2872	+	adopt rules necessary to implement Subchapter R, Chapter 1702,
	2873	+	Occupations Code, as added by this Act.
2820	2874		SECTION 5.119. The changes in law made by this Act amending
2821	2875		Chapter 1702, Occupations Code, do not affect the validity of a
2822	2876		disciplinary action or other proceeding that was initiated before
2823	2877		the effective date of this Act and that is pending before a court or
2824	2878		other governmental entity on the effective date of this Act.
2825	2879		SECTION 5.120. (a) A violation of Chapter 1702,
2826	2880		Occupations Code, that is repealed or amended by this Act is
2827	2881		governed by the law in effect when the violation was committed, and
2828	2882		the former law is continued in effect for that purpose.
2829	2883		(b) For purposes of this section, a violation was committed
2830	2884		before the effective date of this Act if any element of the
2831	2885		violation occurred before that date.
2832	2886		ARTICLE 6. CONDITIONAL TRANSFER OF DRIVER'S LICENSE PROGRAMS FROM
2833	2887		DEPARTMENT OF PUBLIC SAFETY TO DEPARTMENT OF MOTOR VEHICLES
2834	2888		SECTION 6.001. Sections 521.001(a)(1-a) and (2),
2835	2889		Transportation Code, are amended to read as follows:
2836	2890		(1-a) "Department" means the Texas Department of Motor
2837	2891		Vehicles [Public Safety].
2838	2892		(2) "Director" means the executive [public safety]
2839	2893		director of the department.
2840	2894		SECTION 6.002. Section 521.001(c), Transportation Code, is
2841	2895		amended to read as follows:
2842	2896		(c) The department by rule may define types of vehicles that
2843	2897		are "motorcycles" for the purposes of this chapter, in addition to
2844	2898		those defined under Subsection (a)(6-a), and[. The Texas
2845	2899		Department of Motor Vehicles by rule may define the types of
2846	2900		vehicles that are "motorcycles"] for the purposes of Chapters 501,
2847	2901		502, and 503. This subsection applies only to vehicles
2848	2902		manufactured by a manufacturer licensed under Chapter 2301,
2849	2903		Occupations Code.
2850	2904		SECTION 6.003. Subchapter A, Chapter 521, Transportation
2851	2905		Code, is amended by adding Section 521.0015 to read as follows:
2852	2906		Sec. 521.0015. STATUTORY REFERENCES. A statutory reference
2853	2907		to the Department of Public Safety means the Texas Department of
2854	2908		Motor Vehicles if the statutory reference concerns:
2855	2909		(1) the administration of the programs established by
2856	2910		this chapter, Chapter 522, and other law that license a person to
2857	2911		operate a motor vehicle, as defined by Section 501.002, or a
2858	2912		commercial motor vehicle, as defined by Section 522.003, in this
2859	2913		state; or
2860	2914		(2) the administration of Chapter 521A.
2861	2915		SECTION 6.004. (a) In this section:
2862	2916		(1) "Former administrator" means the Department of
2863	2917		Public Safety.
2864	2918		(2) "Licensing program" means:
2865	2919		(A) the programs established by Chapters 521 and
2866	2920		522, Transportation Code, and other law, that license a person to
2867	2921		operate in this state a motor vehicle, as defined by Section
2868	2922		501.002, Transportation Code, or a commercial motor vehicle, as
2869	2923		defined by Section 522.003, Transportation Code; and
2870	2924		(B) the program to issue election identification
2871	2925		certificates under Chapter 521A, Transportation Code.
2872	2926		(3) "New administrator" means the Texas Department of
2873	2927		Motor Vehicles.
2874	2928		(4) "Work group" means the work group established
2875	2929		under Subsection (b) of this section.
2876	2930		(b) As soon as practicable after the effective date of this
2877	2931		section, the former administrator and the new administrator shall
2878	2932		establish a work group to plan the transfer of the licensing program
2879	2933		from the former administrator to the new administrator.
2880	2934		(c) The work group shall:
2881	2935		(1) adopt a transition plan to provide for the orderly
2882	2936		transfer of powers, duties, functions, programs, and activities
2883	2937		related to the licensing program, including:
2884	2938		(A) a plan that ensures the transfer of the
2885	2939		licensing program will be completed on or before August 31, 2021;
2886	2940		and
2887	2941		(B) completion dates for substantial phases of
2888	2942		the licensing program's transfer;
2889	2943		(2) implement the transition plan described by
2890	2944		Subdivision (1) of this subsection; and
2891	2945		(3) provide a quarterly report of the work group's
2892	2946		progress in developing and implementing the transition plan
2893	2947		described by Subdivision (1) of this subsection to:
2894	2948		(A) the presiding officer of each house of the
2895	2949		legislature;
2896	2950		(B) the governor; and
2897	2951		(C) the Sunset Advisory Commission.
2898	2952		(d) To prepare for the transfer, the former administrator
2899	2953		shall provide the new administrator with access to any systems,
2900	2954		information, property, records, or personnel necessary for the new
2901	2955		administrator to administer the licensing program transferred
2902	2956		under this article.
2903	2957		(e) As soon as practicable after the effective date of this
2904	2958		section:
2905	2959		(1) the new administrator shall study the most
2906	2960		effective use of available state and county resources, including
2907	2961		personnel, property, and resources potentially available through
2908	2962		the adoption of intergovernmental agreements, to administer the
2909	2963		licensing program, prioritizing:
2910	2964		(A) administrative efficiency and cost savings;
2911	2965		and
2912	2966		(B) accessibility of the licensing program for
2913	2967		the citizens of this state, including citizens residing in rural
2914	2968		areas of this state; and
2915	2969		(2) the former administrator shall assist in the study
2916	2970		described by Subdivision (1) of this subsection as requested by the
2917	2971		new administrator.
2918	2972		(f) On September 1, 2021:
2919	2973		(1) all licensing program functions and activities
2920	2974		performed by the former administrator immediately before that date
2921	2975		are transferred to the new administrator;
2922	2976		(2) all licensing program rules, fees, policies,
2923	2977		procedures, decisions, and forms adopted by the former
2924	2978		administrator are continued in effect as rules, fees, policies,
2925	2979		procedures, decisions, and forms of the new administrator and
2926	2980		remain in effect until amended or replaced by the new
2927	2981		administrator;
2928	2982		(3) a licensing program complaint, investigation,
2929	2983		contested case, or other proceeding before the former administrator
2930	2984		that is pending on September 1, 2021, is transferred without change
2931	2985		in status to the new administrator;
2932	2986		(4) all licensing program money, contracts, leases,
2933	2987		property, and obligations of the former administrator are
2934	2988		transferred to the new administrator;
2935	2989		(5) all licensing program property in the custody of
2936	2990		the former administrator is transferred to the new administrator;
2937	2991		and
2938	2992		(6) the unexpended and unobligated balance of any
2939	2993		money appropriated by the legislature to the former administrator
2940	2994		for the purpose of administering the licensing program is
2941	2995		transferred to the new administrator.
2942	2996		(g) On September 1, 2021, a license, certificate,
2943	2997		endorsement, or other form of authorization issued by the former
2944	2998		administrator and related to the licensing program is continued in
2945	2999		effect as a license, certificate, endorsement, or other form of
2946	3000		authorization of the new administrator.
2947	3001		(h) On September 1, 2021, all full-time equivalent employee
2948	3002		positions at the former administrator that primarily concern the
2949	3003		administration or enforcement of the licensing program become
2950	3004		positions at the new administrator.
2951	3005		SECTION 6.005. (a) In this section, "driver's license
2952	3006		program" means:
2953	3007		(1) the programs established by Chapters 521 and 522,
2954	3008		Transportation Code, and other law, that license a person to
2955	3009		operate in this state a motor vehicle, as defined by Section
2956	3010		501.002, Transportation Code, or a commercial motor vehicle, as
2957	3011		defined by Section 522.003, Transportation Code; and
2958	3012		(2) the program to issue election identification
2959	3013		certificates under Chapter 521A, Transportation Code.
2960	3014		(b) The Department of Public Safety shall enter into a
2961		-	contract with an independent, third-party contractor to conduct a
2962		-	feasibility study that examines and makes recommendations on the
2963		-	management and operating structure of the driver's license program
2964		-	and the opportunities and challenges of transferring the driver's
2965		-	license program.
2966		-	(b-1) The solicitation documents for the contract described
2967		-	by Subsection (b) of this section must be submitted to the contract
2968		-	advisory team for review under Subchapter C, Chapter 2262,
2969		-	Government Code, before the Department of Public Safety may solicit
2970		-	any contractor for the contract, including publishing advertising
2971		-	regarding the contract.
	3015	+	contract with an independent, third-party contractor designated by
	3016	+	the comptroller of public accounts to conduct a feasibility study
	3017	+	that examines and makes recommendations on the management and
	3018	+	operating structure of the driver's license program and the
	3019	+	opportunities and challenges of transferring the driver's license
	3020	+	program.
2972	3021		(c) Not later than September 1, 2020, the contractor
2973	3022		described by Subsection (b) of this section shall submit a report on
2974	3023		the study conducted under that subsection to the legislature, the
2975	3024		governor, the Sunset Advisory Commission, the Department of Public
2976	3025		Safety, and the Texas Department of Motor Vehicles.
2977	3026		(d) In conducting the study required by Subsection (b) of
2978	3027		this section, the Department of Public Safety, the Texas Department
2979	3028		of Motor Vehicles, or the independent, third-party contractor
2980	3029		described by that subsection may not disclose any personal
2981	3030		information obtained in conducting the study. In this subsection,
2982	3031		"personal information" means information that identifies a holder
2983	3032		of a driver's license or election identification certificate,
2984	3033		including a name, address, date of birth, social security number,
2985	3034		telephone number, physical characteristic, or similar identifier.
2986	3035		SECTION 6.006. (a) Subject to Subsection (b) of this
2987	3036		section, this article takes effect immediately if this Act receives
2988	3037		a vote of two-thirds of all the members elected to each house, as
2989	3038		provided by Section 39, Article III, Texas Constitution. If this
2990	3039		Act does not receive the vote necessary for immediate effect, this
2991	3040		article takes effect September 1, 2019.
2992	3041		(b) Sections 6.001, 6.002, 6.003, and 6.004 of this article
2993	3042		take effect only if the report required by Section 6.005 of this
2994	3043		article is not submitted within the period prescribed by that
2995	3044		section.
2996	3045		ARTICLE 7. EXPIRATION DATES OF DRIVER'S LICENSES AND COMMERCIAL
2997	3046		DRIVER'S LICENSES
2998	3047		SECTION 7.001. Sections 521.271(a) and (b), Transportation
2999	3048		Code, are amended to read as follows:
3000	3049		(a) Each original driver's license, provisional license,
3001	3050		learner license, or occupational driver's license issued to an
3002	3051		applicant who is a citizen, national, or legal permanent resident
3003	3052		of the United States or a refugee or asylee lawfully admitted into
3004	3053		the United States expires as follows:
3005	3054		(1) except as provided by Section 521.2711, a driver's
3006	3055		license expires on the first birthday of the license holder
3007	3056		occurring after the eighth [sixth] anniversary of the date of the
3008	3057		application;
3009	3058		(2) a provisional license expires on the 18th birthday
3010	3059		of the license holder;
3011	3060		(3) a learner license expires on the 18th birthday of
3012	3061		the license holder;
3013	3062		(4) an occupational driver's license expires on the
3014	3063		first anniversary of the court order granting the license; and
3015	3064		(5) unless an earlier date is otherwise provided, a
3016	3065		driver's license issued to a person whose residence or domicile is a
3017	3066		correctional facility or a parole facility expires on the first
3018	3067		birthday of the license holder occurring after the first
3019	3068		anniversary of the date of issuance.
3020	3069		(b) Except as provided by Section 521.2711, a driver's
3021	3070		license that is renewed expires on the earlier of:
3022	3071		(1) the eighth [sixth] anniversary of the expiration
3023	3072		date before renewal if the applicant is a citizen, national, or
3024	3073		legal permanent resident of the United States or a refugee or asylee
3025	3074		lawfully admitted into the United States;
3026	3075		(1-a) for an applicant not described by Subdivision
3027	3076		(1):
3028	3077		(A) the earlier of:
3029	3078		(i) the eighth [sixth] anniversary of the
3030	3079		expiration date before renewal; or
3031	3080		(ii) the expiration date of the applicant's
3032	3081		authorized stay in the United States; or
3033	3082		(B) the first anniversary of the date of
3034	3083		issuance, if there is no definite expiration date for the
3035	3084		applicant's authorized stay in the United States; or
3036	3085		(2) for a renewal driver's license issued to a person
3037	3086		whose residence or domicile is a correctional facility or a parole
3038	3087		facility, the first birthday of the license holder occurring after
3039	3088		the first anniversary of the date of issuance unless an earlier date
3040	3089		is otherwise provided.
3041	3090		SECTION 7.002. Sections 521.421(a) and (b), Transportation
3042	3091		Code, are amended to read as follows:
3043	3092		(a) The fee for issuance or renewal of a license not
3044	3093		otherwise provided for by this section is $32 [$24].
3045	3094		(b) The fee for renewal of a Class M license or for renewal
3046	3095		of a license that includes authorization to operate a motorcycle is
3047	3096		$43 [$32].
3048	3097		SECTION 7.003. Section 521.421(f), Transportation Code, as
3049	3098		added by Chapter 1372 (H.B. No. 1200), Acts of the 75th
3050	3099		Legislature, Regular Session, 1997, is amended to read as follows:
3051	3100		(f) If a Class A, B, or C driver's license includes an
3052	3101		authorization to operate a motorcycle or moped, the fee for the
3053	3102		driver's license is increased by $11 [$8].
3054	3103		SECTION 7.004. Section 522.029, Transportation Code, is
3055	3104		amended by amending Subsection (a) and adding Subsection (m) to
3056	3105		read as follows:
3057	3106		(a) The fee for a commercial driver's license issued by the
3058	3107		department is $96 [$60], except as provided by Subsections (f),
3059	3108		(h), (j), [and] (k), and (m).
3060	3109		(m) The fee for a commercial driver's license with a
3061	3110		hazardous materials endorsement issued by the department is $60,
3062	3111		except as provided by Subsections (h), (j), and (k).
3063	3112		SECTION 7.005. Section 522.051, Transportation Code, is
3064	3113		amended by amending Subsections (a), (b), (c), (d), and (f) and
3065	3114		adding Subsections (i), (j), (k), and (l) to read as follows:
3066	3115		(a) Except as provided by Subsections [Subsection] (f) and
3067	3116		(i) and Sections 522.013(e), 522.033, and 522.054, an original
3068	3117		commercial driver's license expires eight [five] years after the
3069	3118		applicant's next birthday.
3070	3119		(b) Except as provided by Subsection (j) and Section
3071	3120		522.054, a commercial driver's license issued to a person holding a
3072	3121		Texas Class A, B, C, or M license that would expire one year or more
3073	3122		after the date of issuance of the commercial driver's license
3074	3123		expires eight [five] years after the applicant's next birthday.
3075	3124		(c) Except as provided by Subsection (k) and Section
3076	3125		522.054, a commercial driver's license issued to a person holding a
3077	3126		Texas Class A, B, C, or M license that would expire less than one
3078	3127		year after the date of issuance of the commercial driver's license
3079	3128		or that has been expired for less than one year expires eight [five]
3080	3129		years after the expiration date shown on the Class A, B, C, or M
3081	3130		license.
3082	3131		(d) Except as provided by Subsection (l) and Section
3083	3132		522.054, a commercial driver's license issued to a person holding a
3084	3133		Texas Class A, B, C, or M license that has been expired for at least
3085	3134		one year but not more than two years expires eight [five] years
3086	3135		after the applicant's last birthday.
3087	3136		(f) Except as provided by Section 522.013, a non-domiciled
3088	3137		commercial driver's license other than a temporary non-domiciled
3089	3138		commercial driver's license under Section 522.013(e) expires on:
3090	3139		(1) the earlier of:
3091	3140		(A) the first birthday of the license holder
3092	3141		occurring after the eighth [fifth] anniversary of the date of the
3093	3142		application; or
3094	3143		(B) the expiration date of the license holder's
3095	3144		lawful presence in the United States as determined by the
3096	3145		appropriate United States agency in compliance with federal law; or
3097	3146		(2) the first anniversary of the date of issuance, if
3098	3147		there is no definitive expiration date for the applicant's
3099	3148		authorized stay in the United States.
3100	3149		(i) Except as provided by Subsection (f) and Sections
3101	3150		522.013(e), 522.033, and 522.054, an original commercial driver's
3102	3151		license with a hazardous materials endorsement expires five years
3103	3152		after the applicant's next birthday.
3104	3153		(j) Except as provided by Section 522.054, a commercial
3105	3154		driver's license with a hazardous materials endorsement issued to a
3106	3155		person holding a Texas Class A, B, C, or M license that would expire
3107	3156		one year or more after the date of issuance of the commercial
3108	3157		driver's license expires five years after the applicant's next
3109	3158		birthday.
3110	3159		(k) Except as provided by Section 522.054, a commercial
3111	3160		driver's license with a hazardous materials endorsement issued to a
3112	3161		person holding a Texas Class A, B, C, or M license that would expire
3113	3162		less than one year after the date of issuance of the commercial
3114	3163		driver's license or that has been expired for less than one year
3115	3164		expires five years after the expiration date shown on the Class A,
3116	3165		B, C, or M license.
3117	3166		(l) Except as provided by Section 522.054, a commercial
3118	3167		driver's license with a hazardous materials endorsement issued to a
3119	3168		person holding a Texas Class A, B, C, or M license that has been
3120	3169		expired for at least one year but not more than two years expires
3121	3170		five years after the applicant's last birthday.
3122	3171		SECTION 7.006. Section 522.052, Transportation Code, is
3123	3172		amended by amending Subsections (b) and (c) and adding Subsections
3124	3173		(k) and (l) to read as follows:
3125	3174		(b) Except as provided by Section 522.054, a renewal of a
3126	3175		commercial driver's license that has been expired for less than one
3127	3176		year expires eight [five] years after the expiration date shown on
3128	3177		the commercial driver's license.
3129	3178		(c) Except as provided by Section 522.054, a renewal of a
3130	3179		commercial driver's license that has been expired for at least one
3131	3180		year but not more than two years expires seven [six] years after the
3132	3181		applicant's last birthday.
3133	3182		(k) Except as provided by Section 522.054, a renewal of a
3134	3183		commercial driver's license with a hazardous materials endorsement
3135	3184		that has been expired for less than one year expires five years
3136	3185		after the expiration date shown on the commercial driver's license.
3137	3186		(l) Except as provided by Section 522.054, a renewal of a
3138	3187		commercial driver's license with a hazardous materials endorsement
3139	3188		that has been expired for at least one year but not more than two
3140	3189		years expires five years after the applicant's last birthday.
3141	3190		SECTION 7.007. The changes in law made by this Act to
3142	3191		Sections 521.271 and 521.421, Transportation Code, apply only to a
3143	3192		driver's license issued or renewed on or after June 1, 2020. A
3144	3193		driver's license issued or renewed before June 1, 2020, is governed
3145	3194		by the law in effect immediately before the effective date of this
3146	3195		Act, and the former law is continued in effect for that purpose.
3147	3196		SECTION 7.008. The changes in law made by this Act to
3148	3197		Sections 522.029, 522.051, and 522.052, Transportation Code, apply
3149	3198		only to a commercial driver's license issued or renewed on or after
3150	3199		June 1, 2020. A commercial driver's license issued or renewed
3151	3200		before June 1, 2020, is governed by the law in effect immediately
3152	3201		before the effective date of this Act, and the former law is
3153	3202		continued in effect for that purpose.
3154	3203		ARTICLE 8. MOTORCYCLE AND OFF-HIGHWAY VEHICLE OPERATOR TRAINING
3155	3204		PROGRAMS
3156	3205		SECTION 8.001. Chapter 662, Transportation Code, is amended
3157	3206		by adding Section 662.0005 to read as follows:
3158	3207		Sec. 662.0005. DEFINITIONS. In this chapter:
3159	3208		(1) "Commission" means the Texas Commission of
3160	3209		Licensing and Regulation.
3161	3210		(2) "Department" means the Texas Department of
3162	3211		Licensing and Regulation.
3163	3212		(3) "Institution of higher education" has the meaning
3164	3213		assigned by Section 61.003, Education Code.
3165	3214		(4) "Instructor" means an individual who holds a
3166	3215		license issued under this chapter that entitles the individual to
3167	3216		provide instruction on motorcycle operation and safety as an
3168	3217		employee of or under contract with a motorcycle school.
3169	3218		(5) "Motorcycle school" means a person who holds a
3170	3219		license issued under this chapter that entitles the person to offer
3171	3220		and conduct courses on motorcycle operation and safety for
3172	3221		consideration as part of the motorcycle operator training and
3173	3222		safety program.
3174	3223		SECTION 8.002. Section 662.001, Transportation Code, is
3175	3224		amended to read as follows:
3176	3225		Sec. 662.001. ADMINISTRATION OF PROGRAM [DESIGNATED STATE
3177	3226		AGENCY]. The department [governor] shall [designate a state agency
3178	3227		to establish and] administer a motorcycle operator training and
3179	3228		safety program and enforce the laws governing the program.
3180	3229		SECTION 8.003. The heading to Section 662.002,
3181	3230		Transportation Code, is amended to read as follows:
3182	3231		Sec. 662.002. PURPOSE OF PROGRAM[; CURRICULUM].
3183	3232		SECTION 8.004. Chapter 662, Transportation Code, is amended
3184	3233		by adding Sections 662.0033, 662.0035, and 662.0037 to read as
3185	3234		follows:
3186	3235		Sec. 662.0033. MINIMUM CURRICULUM STANDARDS. (a) The
3187	3236		commission by rule shall establish minimum curriculum standards for
3188	3237		courses provided under the motorcycle operator training and safety
3189	3238		program.
3190	3239		(b) The department shall approve all courses that meet the
3191	3240		curriculum standards established under Subsection (a).
3192	3241		(c) In establishing the minimum curriculum standards for
3193	3242		entry-level courses, the commission shall consider the standards
3194	3243		for motorcycle operator training and safety courses adopted by the
3195	3244		National Highway Traffic Safety Administration.
3196	3245		Sec. 662.0035. FEES. The commission may set fees in amounts
3197	3246		reasonable and necessary to cover the costs of administering this
3198	3247		chapter, including fees for:
3199	3248		(1) the issuance and renewal of a motorcycle school
3200	3249		license and instructor license; and
3201	3250		(2) courses provided under the motorcycle operator
3202	3251		training and safety program.
3203	3252		Sec. 662.0037. MOTORCYCLE SAFETY ADVISORY BOARD. (a) The
3204	3253		commission shall establish an advisory board to advise the
3205	3254		department on matters related to the motorcycle operator training
3206	3255		and safety program established under this chapter.
3207	3256		(b) The advisory board must consist of nine members
3208	3257		appointed by the presiding officer of the commission, on approval
3209	3258		of the commission, as follows:
3210	3259		(1) three members:
3211	3260		(A) each of whom must be a licensed instructor or
3212	3261		represent a licensed motorcycle school; and
3213	3262		(B) who must collectively represent the
3214	3263		diversity in size and type of the motorcycle schools licensed under
3215	3264		this chapter;
3216	3265		(2) one member who represents the motorcycle dealer
3217	3266		retail industry;
3218	3267		(3) one representative of a law enforcement agency;
3219	3268		(4) one representative of the Texas A&M Transportation
3220	3269		Institute;
3221	3270		(5) one representative of the Texas A&M Engineering
3222	3271		Extension Service; and
3223	3272		(6) two public members who hold a valid Class M
3224	3273		driver's license issued under Chapter 521.
3225	3274		(c) The advisory board members serve staggered six-year
3226	3275		terms. The terms of three members expire September 1 of each
3227	3276		odd-numbered year.
3228	3277		(d) If a vacancy occurs on the advisory board, the presiding
3229	3278		officer of the commission, on approval of the commission, shall
3230	3279		appoint a replacement who meets the qualifications for the vacant
3231	3280		position to serve for the remainder of the term.
3232	3281		(e) The presiding officer of the commission, on approval of
3233	3282		the commission, shall designate a member of the advisory board to
3234	3283		serve as the presiding officer of the advisory board for a one-year
3235	3284		term. The presiding officer of the advisory board may vote on any
3236	3285		matter before the advisory board.
3237	3286		(f) The advisory board shall meet at the call of the
3238	3287		executive director or the presiding officer of the commission.
3239	3288		(g) An advisory board member may not receive compensation
3240	3289		for service on the advisory board but is entitled to reimbursement
3241	3290		for actual and necessary expenses incurred in performing the
3242	3291		functions as a member of the advisory board, subject to the General
3243	3292		Appropriations Act.
3244	3293		(h) Chapter 2110, Government Code, does not apply to the
3245	3294		advisory board.
3246	3295		(i) The department may call a joint meeting of the advisory
3247	3296		board and the advisory committee established under Section
3248	3297		1001.058, Education Code, for the committees to collaborate on
3249	3298		matters determined by the department.
3250	3299		SECTION 8.005. Section 662.005, Transportation Code, is
3251	3300		amended to read as follows:
3252	3301		Sec. 662.005. CONTRACTS. (a) The department [designated
3253	3302		state agency] may [license or] contract with qualified persons,
3254	3303		including institutions of higher education, to:
3255	3304		(1) offer and conduct motorcycle operator training and
3256	3305		safety courses under the [administer or operate the motorcycle
3257	3306		operator training and safety] program; or
3258	3307		(2) research motorcycle safety in this state.
3259	3308		(b) The department shall consult with the motorcycle safety
3260	3309		advisory board regarding any proposal to contract under this
3261	3310		section.
3262	3311		SECTION 8.006. Section 662.006(a), Transportation Code, is
3263	3312		amended to read as follows:
3264	3313		(a) A person may not offer or conduct training in motorcycle
3265	3314		operation for consideration unless the person:
3266	3315		(1) is licensed as a motorcycle school under this
3267	3316		chapter;
3268	3317		(2) offers and conducts training in accordance with a
3269	3318		motorcycle operator training curriculum approved by the
3270	3319		department; and
3271	3320		(3) employs or contracts with an instructor licensed
3272	3321		under this chapter to conduct the training [by or contracts with the
3273	3322		designated state agency].
3274	3323		SECTION 8.007. Chapter 662, Transportation Code, is amended
3275	3324		by adding Sections 662.0062, 662.0064, and 662.0068 to read as
3276	3325		follows:
3277	3326		Sec. 662.0062. ELIGIBILITY; APPLICATION. (a) To be
3278	3327		eligible for an instructor license, an applicant must:
3279	3328		(1) have completed a commission-approved training
3280	3329		program on motorcycle operator training and safety instruction
3281	3330		administered by the Texas A&M Engineering Extension Service;
3282	3331		(2) have held for the two years preceding the date of
3283	3332		submitting the application a valid driver's license that entitles
3284	3333		the applicant to operate a motorcycle on a public road; and
3285	3334		(3) have accumulated less than 10 points under the
3286	3335		driver responsibility program established by Chapter 708.
3287	3336		(b) The commission by rule may adopt additional
3288	3337		requirements for issuance of an instructor license.
3289	3338		(c) To be eligible for a motorcycle school license, an
3290	3339		applicant must meet the minimum standards established by commission
3291	3340		rule for:
3292	3341		(1) health and safety;
3293	3342		(2) the school's facility; and
3294	3343		(3) consumer protection.
3295	3344		(d) The department shall issue a license to an applicant who
3296	3345		meets the eligibility requirements established under this chapter
3297	3346		and department rule and who pays the required fee.
3298	3347		(e) The department may prescribe an application form for
3299	3348		applicants to submit when applying for a license under this
3300	3349		section.
3301	3350		Sec. 662.0064. INSTRUCTOR TRAINING; ADMINISTRATOR. The
3302	3351		Texas A&M Engineering Extension Service, in consultation with the
3303	3352		department, shall administer the training program required by
3304	3353		Section 662.0062(a)(1).
3305	3354		Sec. 662.0068. PROGRAM CERTIFICATES. The department shall
3306	3355		issue a certificate of completion to a person who completes a
3307	3356		department-approved motorcycle operator training and safety course
3308	3357		conducted by a motorcycle school on receipt of notice from the
3309	3358		motorcycle school that conducted the course. The department may
3310	3359		develop a process that allows a motorcycle school to issue a
3311	3360		certificate of completion to the person.
3312	3361		SECTION 8.008. Section 662.008, Transportation Code, is
3313	3362		amended to read as follows:
3314	3363		Sec. 662.008. DENIAL, SUSPENSION, OR REVOCATION
3315	3364		[CANCELLATION] OF INSTRUCTOR OR MOTORCYCLE SCHOOL LICENSE
3316	3365		[APPROVAL]. (a) The executive director or commission [designated
3317	3366		state agency] may deny an application for, suspend, or revoke a
3318	3367		license issued [cancel its approval for a program sponsor to
3319	3368		conduct or for an instructor to teach a course offered] under this
3320	3369		chapter if the applicant, instructor, or motorcycle school
3321	3370		[sponsor]:
3322	3371		(1) does not satisfy the requirements established
3323	3372		under this chapter to receive or retain the license [approval];
3324	3373		(2) permits fraud or engages in a fraudulent practice
3325	3374		with reference to an application for [to] the license [agency];
3326	3375		(3) induces or countenances fraud or a fraudulent
3327	3376		practice by a person applying for a driver's license or permit;
3328	3377		(4) permits fraud or engages in a fraudulent practice
3329	3378		in an action between the applicant or license holder and the public;
3330	3379		or
3331	3380		(5) fails to comply with this chapter or rules adopted
3332	3381		under this chapter [of the state agency].
3333	3382		(b) Following denial of an application for a license or
3334	3383		the[,] suspension[,] or revocation of a license issued under this
3335	3384		chapter [cancellation of the approval of a program sponsor or an
3336	3385		instructor], notice and opportunity for a hearing must be given as
3337	3386		provided by:
3338	3387		(1) Chapter 2001, Government Code; and
3339	3388		(2) Chapter 53, Occupations Code.
3340	3389		SECTION 8.009. Section 662.009, Transportation Code, is
3341	3390		amended to read as follows:
3342	3391		Sec. 662.009. RULES. The commission [designated state
3343	3392		agency] may adopt rules to administer this chapter.
3344	3393		SECTION 8.010. Section 662.010, Transportation Code, is
3345	3394		amended to read as follows:
3346	3395		Sec. 662.010. NONAPPLICABILITY OF CERTAIN OTHER LAW.
3347	3396		Chapter 1001, Education Code [332, Acts of the 60th Legislature,
3348	3397		Regular Session, 1967 (Article 4413(29c), Vernon's Texas Civil
3349	3398		Statutes)], does not apply to training offered or conducted under
3350	3399		this chapter.
3351	3400		SECTION 8.011. Section 662.011, Transportation Code, is
3352	3401		amended by amending Subsection (b) and adding Subsection (d) to
3353	3402		read as follows:
3354	3403		(b) Money deposited to the credit of the motorcycle
3355	3404		education fund account may be used only to defray the cost of:
3356	3405		(1) administering the motorcycle operator training
3357	3406		and safety program; [and]
3358	3407		(2) conducting the motorcyclist safety and share the
3359	3408		road campaign described by Section 201.621; and
3360	3409		(3) administering the grant program under Section
3361	3410		662.0115.
3362	3411		(d) The department may apply for and accept gifts, grants,
3363	3412		and donations from any organization to be deposited in the
3364	3413		motorcycle education fund account for the purpose of improving
3365	3414		motorcycle safety in this state.
3366	3415		SECTION 8.012. Chapter 662, Transportation Code, is amended
3367	3416		by adding Section 662.0115 to read as follows:
3368	3417		Sec. 662.0115. MOTORCYCLE SAFETY GRANT PROGRAM. (a) Using
3369	3418		money from the motorcycle education fund account, the department
3370	3419		may establish and administer a grant program to improve motorcycle
3371	3420		safety in this state.
3372	3421		(b) The department may award a person a grant to:
3373	3422		(1) promote the motorcycle operator training and
3374	3423		safety program or any other motorcycle safety program in this
3375	3424		state;
3376	3425		(2) increase the number of individuals seeking
3377	3426		motorcycle operator training or licensure as an instructor to
3378	3427		conduct motorcycle operator training; or
3379	3428		(3) support any other goal reasonably likely to
3380	3429		improve motorcycle safety in this state.
3381	3430		(c) To administer the grant program, the department shall
3382	3431		prescribe:
3383	3432		(1) grant application procedures;
3384	3433		(2) guidelines relating to grant amounts; and
3385	3434		(3) criteria for evaluating grant applications.
3386	3435		(d) The department shall consult with the motorcycle safety
3387	3436		advisory board regarding any proposal to award a grant under this
3388	3437		section.
3389	3438		(e) An institution of higher education is eligible to
3390	3439		receive a grant awarded under this section and, if applicable, may
3391	3440		use the grant money awarded to perform a duty imposed under Section
3392	3441		662.0064 or 662.013.
3393	3442		SECTION 8.013. Section 662.012, Transportation Code, is
3394	3443		amended to read as follows:
3395	3444		Sec. 662.012. REPORTS. (a) The department [designated
3396	3445		state agency] shall require each motorcycle school [provider of a
3397	3446		motorcycle operator training and safety program] to report on the
3398	3447		school's program in the form and manner prescribed by the
3399	3448		department [compile and forward to the agency each month a report on
3400	3449		the provider's programs]. The report must include:
3401	3450		(1) the number and types of courses provided in the
3402	3451		reporting period;
3403	3452		(2) the number of persons who took each course in the
3404	3453		reporting period;
3405	3454		(3) the number of instructors available to provide
3406	3455		training under the school's [provider's] program in the reporting
3407	3456		period;
3408	3457		(4) information collected by surveying persons taking
3409	3458		each course as to the length of any waiting period the person
3410	3459		experienced before being able to enroll in the course;
3411	3460		(5) the number of persons on a waiting list for a
3412	3461		course at the end of the reporting period; and
3413	3462		(6) any other information the department [agency]
3414	3463		reasonably requires.
3415	3464		(b) The department [designated state agency] shall maintain
3416	3465		[a compilation of] the reports submitted under Subsection (a) on a
3417	3466		by-site basis. [The agency shall update the compilation as soon as
3418	3467		practicable after the beginning of each month.]
3419	3468		(c) The department [designated state agency] shall provide
3420	3469		without charge a copy of the most recent reports submitted
3421	3470		[compilation] under Subsection (a) [(b)] to any member of the
3422	3471		legislature on request.
3423	3472		SECTION 8.014. Chapter 662, Transportation Code, is amended
3424	3473		by adding Section 662.013 to read as follows:
3425	3474		Sec. 662.013. RESEARCH, ADVOCACY, AND EDUCATION. The Texas
3426	3475		A&M Transportation Institute, in consultation with the department,
3427	3476		shall:
3428	3477		(1) research motorcycle safety in this state;
3429	3478		(2) provide advocacy on motorcycle safety issues in
3430	3479		this state; and
3431	3480		(3) provide education to the public on motorcycle
3432	3481		safety issues in this state.
3433	3482		SECTION 8.015. Section 663.001, Transportation Code, is
3434	3483		amended by amending Subdivision (1-b) and adding Subdivisions (1-c)
3435	3484		and (1-d) to read as follows:
3436	3485		(1-b) "Commission" means the Texas Commission of
3437	3486		Licensing and Regulation.
3438	3487		(1-c) "Department" means the Texas Department of
3439	3488		Licensing and Regulation.
3440	3489		(1-d) "Off-highway vehicle" means:
3441	3490		(A) an all-terrain vehicle or recreational
3442	3491		off-highway vehicle, as those terms are defined by Section 502.001;
3443	3492		or
3444	3493		(B) a utility vehicle.
3445	3494		SECTION 8.016. Section 663.011, Transportation Code, is
3446	3495		amended to read as follows:
3447	3496		Sec. 663.011. ADMINISTRATION OF PROGRAM [DESIGNATED
3448	3497		DIVISION OR STATE AGENCY]. The department [governor] shall
3449	3498		[designate a division of the governor's office or a state agency to
3450	3499		establish and] administer an off-highway vehicle operator
3451	3500		education and certification program and enforce the laws governing
3452	3501		the program.
3453	3502		SECTION 8.017. Section 663.013, Transportation Code, is
3454	3503		amended to read as follows:
3455	3504		Sec. 663.013. PROGRAM STANDARDS [OFF-HIGHWAY VEHICLE
3456	3505		SAFETY COORDINATOR]. (a) The department [designated division or
3457	3506		state agency shall employ an off-highway vehicle safety
3458	3507		coordinator.
3459	3508		[(b) The coordinator] shall supervise the off-highway
3460	3509		vehicle operator education and certification program and shall
3461	3510		determine:
3462	3511		(1) locations at which courses will be offered;
3463	3512		(2) fees for the courses;
3464	3513		(3) qualifications of instructors;
3465	3514		(4) course curriculum; and
3466	3515		(5) standards for operator safety certification.
3467	3516		(b) [(c)] In establishing standards for instructors,
3468	3517		curriculum, and operator certification, the department
3469	3518		[coordinator] shall consult and be guided by standards established
3470	3519		by recognized off-highway vehicle safety organizations.
3471	3520		SECTION 8.018. Section 663.014, Transportation Code, is
3472	3521		amended to read as follows:
3473	3522		Sec. 663.014. CONTRACTS. To administer the education
3474	3523		program and certify off-highway vehicle operators, the department
3475	3524		[designated division or state agency] may contract with nonprofit
3476	3525		safety organizations, nonprofit educational organizations,
3477	3526		institutions of higher education, or agencies of local governments.
3478	3527		SECTION 8.019. Section 663.015(a), Transportation Code, is
3479	3528		amended to read as follows:
3480	3529		(a) If the department [off-highway vehicle safety
3481	3530		coordinator] determines that vehicle operation is not feasible in a
3482	3531		program component or at a particular program location, the operator
3483	3532		education and certification program for persons who are at least 14
3484	3533		years of age may use teaching or testing methods that do not involve
3485	3534		the actual operation of an off-highway vehicle.
3486	3535		SECTION 8.020. Section 663.017, Transportation Code, is
3487	3536		amended to read as follows:
3488	3537		Sec. 663.017. DENIAL, SUSPENSION, OR CANCELLATION OF
3489	3538		APPROVAL. (a) The executive director or commission [designated
3490	3539		division or state agency] may deny, suspend, or cancel its approval
3491	3540		for a program sponsor to conduct or for an instructor to teach a
3492	3541		course offered under this chapter if the applicant, sponsor, or
3493	3542		instructor:
3494	3543		(1) does not satisfy the requirements established
3495	3544		under this chapter to receive or retain approval;
3496	3545		(2) permits fraud or engages in fraudulent practices
3497	3546		with reference to an application to the department [division or
3498	3547		agency];
3499	3548		(3) induces or countenances fraud or fraudulent
3500	3549		practices by a person applying for a driver's license or permit;
3501	3550		(4) permits or engages in a fraudulent practice in an
3502	3551		action between the applicant or license holder and the public; or
3503	3552		(5) fails to comply with rules of the department
3504	3553		[division or agency].
3505	3554		(b) Before the executive director or commission [designated
3506	3555		division or agency] may deny, suspend, or cancel the approval of a
3507	3556		program sponsor or an instructor, notice and opportunity for a
3508	3557		hearing must be given as provided by:
3509	3558		(1) Chapter 2001, Government Code; and
3510	3559		(2) Chapter 53, Occupations Code.
3511	3560		SECTION 8.021. Section 663.018, Transportation Code, is
3512	3561		amended to read as follows:
3513	3562		Sec. 663.018. RULES. The commission [designated division
3514	3563		or state agency] may adopt rules to administer this chapter.
3515	3564		SECTION 8.022. Section 663.019, Transportation Code, is
3516	3565		amended to read as follows:
3517	3566		Sec. 663.019. EXEMPTIONS. The commission [designated
3518	3567		division or state agency] by rule may temporarily exempt the
3519	3568		residents of any county from Section 663.015 or from Section
3520	3569		663.031(a)(1) until the appropriate education and certification
3521	3570		program is established at a location that is reasonably accessible
3522	3571		to the residents of that county.
3523	3572		SECTION 8.023. Section 663.033(d), Transportation Code, is
3524	3573		amended to read as follows:
3525	3574		(d) The department or executive director [coordinator] may
3526	3575		exempt off-highway vehicles that are participating in certain
3527	3576		competitive events from the requirements of this section.
3528	3577		SECTION 8.024. Section 663.037(e), Transportation Code, is
3529	3578		amended to read as follows:
3530	3579		(e) The commission [director of the Department of Public
3531	3580		Safety] shall adopt standards and specifications that apply to the
3532	3581		color, size, and mounting position of the flag required under
3533	3582		Subsections (d)(2) and (g)(2).
3534	3583		SECTION 8.025. Sections 662.002(b), 662.003, 662.004, and
3535	3584		662.007, Transportation Code, are repealed.
3536	3585		SECTION 8.026. (a) In this section:
3537	3586		(1) "Department" means the Department of Public
3538	3587		Safety.
3539	3588		(2) "Program" means the motorcycle operator training
3540	3589		and safety program established under Chapter 662, Transportation
3541	3590		Code, as that chapter existed before the effective date of this Act.
3542	3591		(b) As soon as practicable after the effective date of this
3543	3592		article and not later than August 31, 2020, the department shall
3544	3593		dispose of motorcycles and other equipment related to the program
3545	3594		that the department possesses or has leased to entities offering
3546	3595		training under the program. The plan must conform with the
3547	3596		requirements of Subsection (c) of this section.
3548	3597		(c) The department shall dispose of the motorcycles and
3549	3598		other equipment related to the program in the following manner:
3550	3599		(1) not later than February 28, 2020, the department
3551	3600		shall provide to any entity to whom the department leased a
3552	3601		motorcycle or other equipment related to the program a reasonable
3553	3602		period determined by the department to purchase from the department
3554	3603		or return the motorcycle or other equipment;
3555	3604		(2) after the expiration of the period described by
3556	3605		Subdivision (1) of this subsection, but not later than May 31, 2020,
3557	3606		the department shall:
3558	3607		(A) determine the need of the Texas Department of
3559	3608		Licensing and Regulation, the Texas A&M Transportation Institute,
3560	3609		and the Texas A&M Engineering Extension Service for motorcycles and
3561	3610		other equipment necessary to provide motorcycle operator training
3562	3611		for the instructors under the program; and
3563	3612		(B) subject to the need determined under
3564	3613		Paragraph (A) of this subdivision and the availability of
3565	3614		motorcycles and other equipment related to the program, transfer
3566	3615		the motorcycles and equipment to the Texas Department of Licensing
3567	3616		and Regulation, institute, or service under that paragraph, as
3568	3617		applicable; and
3569	3618		(3) after the determination and any transfer under
3570	3619		Subdivision (2) of this subsection, but not later than August 31,
3571	3620		2020, inform the Texas Facilities Commission under Section
3572	3621		2175.182, Government Code, that any remaining motorcycles and
3573	3622		related equipment of the program are surplus or salvage property
3574	3623		and must be disposed of in accordance with Chapter 2175, Government
3575	3624		Code.
3576	3625		(d) Except for the fee described by Section 2175.188,
3577	3626		Government Code, all revenue generated by the disposition of
3578	3627		motorcycles and other equipment related to the program under this
3579	3628		section shall be deposited in the motorcycle education fund account
3580	3629		established under Section 662.011, Transportation Code.
3581	3630		(e) Not later than August 31, 2020, the department and the
3582	3631		Texas Department of Licensing and Regulation shall enter into a
3583	3632		memorandum of understanding regarding any property acquired by the
3584	3633		department by lease or purchase using money from the motorcycle
3585	3634		education fund account established under Section 662.011,
3586	3635		Transportation Code, to ensure that the Department of Public Safety
3587	3636		appropriately compensates the fund for those assets.
3588	3637		SECTION 8.027. (a) In this section:
3589	3638		(1) "Former administrator" means the Texas Department
3590	3639		of Public Safety.
3591	3640		(2) "Licensing commission" means the Texas Commission
3592	3641		of Licensing and Regulation.
3593	3642		(3) "Licensing department" means the Texas Department
3594	3643		of Licensing and Regulation.
3595	3644		(4) "Program" means the:
3596	3645		(A) motorcycle operator training and safety
3597	3646		program under Chapter 662, Transportation Code; and
3598	3647		(B) off-highway vehicle operator education and
3599	3648		certification program under Chapter 663, Transportation Code.
3600	3649		(b) On September 1, 2020:
3601	3650		(1) all functions and activities related to the
3602	3651		program performed by the former administrator immediately before
3603	3652		that date are transferred to the licensing department;
3604	3653		(2) all rules, fees, policies, procedures, decisions,
3605	3654		and forms related to the program adopted by the former
3606	3655		administrator are continued in effect as rules, fees, policies,
3607	3656		procedures, decisions, and forms of the licensing commission or the
3608	3657		licensing department, as applicable, and remain in effect until
3609	3658		amended or replaced by the licensing commission or licensing
3610	3659		department;
3611	3660		(3) a complaint, investigation, contested case, or
3612	3661		other proceeding related to the program before the former
3613	3662		administrator that is pending on September 1, 2020, is transferred
3614	3663		without change in status to the licensing department or the
3615	3664		licensing commission, as appropriate;
3616	3665		(4) all money, contracts, leases, property, and
3617	3666		obligations related to the program of the former administrator are
3618	3667		transferred to the licensing department;
3619	3668		(5) all property related to the program in the custody
3620	3669		of the former administrator is transferred to the licensing
3621	3670		department; and
3622	3671		(6) the unexpended and unobligated balance of any
3623	3672		money appropriated by the legislature for the former administrator
3624	3673		for the purpose of administering the program is transferred to the
3625	3674		licensing department.
3626	3675		(c) The former administrator shall provide the licensing
3627	3676		department with access to any systems or information necessary for
3628	3677		the department to accept the program transferred under this Act.
3629	3678		(d) A license or certificate issued by the former
3630	3679		administrator is continued in effect as a license or certificate of
3631	3680		the licensing department.
3632	3681		(e) On September 1, 2020, all full-time equivalent employee
3633	3682		positions at the former administrator that primarily concern the
3634	3683		administration or enforcement of the program become positions at
3635	3684		the licensing department.
3636	3685		SECTION 8.028. (a) Except as provided by Subsection (b) of
3637	3686		this section, this article takes effect September 1, 2020.
3638	3687		(b) Section 8.026 of this article takes effect immediately
3639	3688		if this Act receives a vote of two-thirds of all the members elected
3640	3689		to each house, as provided by Section 39, Article III, Texas
3641	3690		Constitution. If this Act does not receive the vote necessary for
3642	3691		immediate effect, Section 8.026 takes effect on the 91st day after
3643	3692		the last day of the legislative session.
3644	3693		ARTICLE 9. EFFECTIVE DATE
3645	3694		SECTION 9.001. Except as otherwise provided by this Act,
3646	3695		this Act takes effect September 1, 2019.
3647		-	______________________________ ______________________________
3648		-	President of the Senate Speaker of the House
3649		-	I hereby certify that S.B. No. 616 passed the Senate on
3650		-	April 16, 2019, by the following vote: Yeas 31, Nays 0;
3651		-	May 23, 2019, Senate refused to concur in House amendments and
3652		-	requested appointment of Conference Committee; May 23, 2019, House
3653		-	granted request of the Senate; May 25, 2019, Senate adopted
3654		-	Conference Committee Report by the following vote: Yeas 30,
3655		-	Nays 0.
3656		-	______________________________
3657		-	Secretary of the Senate
3658		-	I hereby certify that S.B. No. 616 passed the House, with
3659		-	amendments, on May 17, 2019, by the following vote: Yeas 142,
3660		-	Nays 0, two present not voting; May 23, 2019, House granted
3661		-	request of the Senate for appointment of Conference Committee;
3662		-	May 26, 2019, House adopted Conference Committee Report by the
3663		-	following vote: Yeas 146, Nays 0, one present not voting.
3664		-	______________________________
3665		-	Chief Clerk of the House
3666		-	Approved:
3667		-	______________________________
3668		-	Date
3669		-	______________________________
3670		-	Governor