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Texas House Bill HB4941

Texas 2023 - 88th Regular

Texas House Bill HB4941 Compare Versions

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11 88R13783 MAW-F
22 By: Tinderholt H.B. No. 4941
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the regulation of private security.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 1702.113(a), Occupations Code, is
1010 amended to read as follows:
1111 (a) An applicant for a company license or security officer
1212 commission must be at least 18 years of age and must not:
1313 (1) have been previously convicted of or, at the time
1414 of application, be charged under an information or indictment with
1515 the commission of a Class A or Class B misdemeanor or felony offense
1616 determined to be disqualifying by commission rule;
1717 (2) have been found by a court to be incompetent by
1818 reason of a mental defect or disease and not have been restored to
1919 competency;
2020 (3) have been dishonorably discharged from the United
2121 States armed services, discharged from the United States armed
2222 services under other conditions determined by the commission to be
2323 prohibitive, or dismissed from the United States armed services if
2424 a commissioned officer in the United States armed services; or
2525 (4) be required to register in this or any other state
2626 as a sex offender.
2727 SECTION 2. Section 1702.123, Occupations Code, is amended
2828 to read as follows:
2929 Sec. 1702.123. INSURANCE [; BOND]. (a) A company license
3030 holder shall maintain on file with the department at all times the
3131 [surety bond and] certificate of insurance required by this
3232 chapter.
3333 (b) The commission shall immediately suspend the company
3434 license of a company license holder who violates Subsection (a).
3535 (c) The commission may rescind the company license
3636 suspension if the company license holder provides proof to the
3737 commission that [the bond or] the insurance coverage is still in
3838 effect. The company license holder must provide the proof in a
3939 form satisfactory to the commission not later than the 10th day
4040 after the date the company license is suspended.
4141 (d) After suspension of the company license, the commission
4242 may not reinstate the company license until an application, in the
4343 form prescribed by the commission, is filed accompanied by an [a
4444 proper bond,] insurance certificate [, or both]. The commission
4545 may deny the application notwithstanding the applicant's
4646 compliance with this section:
4747 (1) for a reason that would justify suspending,
4848 revoking, or denying a company license; or
4949 (2) if, during the suspension, the applicant performs
5050 a practice for which a company license is required.
5151 SECTION 3. Section 1702.127(c), Occupations Code, is
5252 amended to read as follows:
5353 (c) A company license holder shall maintain for inspection
5454 by the department at the company license holder's principal place
5555 of business or branch office a recent photograph [two recent color
5656 photographs], of a type required by the commission, of each
5757 applicant, individual license holder, commissioned security
5858 officer, and employee of the company license holder.
5959 SECTION 4. Section 1702.163, Occupations Code, is amended
6060 by adding Subsection (b-1) to read as follows:
6161 (b-1) A person who is qualified under applicable federal and
6262 state law to purchase a handgun based solely on the exception
6363 provided by 18 U.S.C. Section 922(y)(2)(A) for a person in
6464 possession of a hunting license or permit is not eligible for a
6565 security officer commission.
6666 SECTION 5. Section 1702.1685(c), Occupations Code, is
6767 amended to read as follows:
6868 (c) An applicant for a security officer commission must
6969 demonstrate that the applicant passed the required proficiency
7070 examination within the 12-month [90-day] period before the date the
7171 application [security officer commission] is submitted [issued].
7272 SECTION 6. Section 1702.230(a), Occupations Code, is
7373 amended to read as follows:
7474 (a) An application for an individual license must be
7575 verified and include:
7676 (1) the applicant's full name, residence address,
7777 residence telephone number, date and place of birth, and social
7878 security number;
7979 (2) a statement that:
8080 (A) lists each name used by the applicant, other
8181 than the name by which the applicant is known at the time of
8282 application, and an explanation stating each place where each name
8383 was used, the date of each use, and a full explanation of the
8484 reasons the name was used; or
8585 (B) states that the applicant has never used a
8686 name other than the name by which the applicant is known at the time
8787 of application;
8888 (3) the name and address of the applicant's employer;
8989 (4) the date the employment described by Subdivision
9090 (3) commenced;
9191 (5) a request [letter] from the company license holder
9292 [requesting] that the applicant be issued an individual license;
9393 (6) the title of the position occupied by the
9494 applicant and a description of the applicant's duties;
9595 (7) the required fees, including the criminal history
9696 check fee established under Section 1702.282;
9797 (8) fingerprints of the applicant provided in the
9898 manner prescribed by the department; and
9999 (9) any other information, evidence, statement, or
100100 document required by the department.
101101 SECTION 7. Section 1702.301, Occupations Code, is amended
102102 by adding Subsection (d) to read as follows:
103103 (d) A security officer commission issued to a person who is
104104 not a citizen, national, or legal permanent resident of the United
105105 States or a refugee or asylee lawfully admitted into the United
106106 States expires on the earlier of:
107107 (1) the date determined by the commission under
108108 Section 411.511, Government Code; or
109109 (2) the expiration of the person's lawful presence in
110110 the United States as determined by the appropriate United States
111111 agency in compliance with federal law.
112112 SECTION 8. Section 1702.309(b), Occupations Code, is
113113 amended to read as follows:
114114 (b) A commissioned security officer must demonstrate that
115115 the officer passed the proficiency examination required under
116116 Section 1702.1685 within the 12-month [90-day] period before the
117117 date the renewal application is submitted [commission is renewed].
118118 SECTION 9. Section 1702.361, Occupations Code, is amended
119119 by adding Subsection (e) to read as follows:
120120 (e) The commission shall revoke a security officer
121121 commission if the person holding the commission has failed to
122122 provide medical records or has failed to undergo medical or other
123123 examinations as required by a panel of the medical advisory board
124124 under Section 12.095, Health and Safety Code.
125125 SECTION 10. Section 1702.364(b), Occupations Code, is
126126 amended to read as follows:
127127 (b) To initiate a proceeding to take action under Subsection
128128 (a), the department must serve notice to the person. The notice
129129 must:
130130 (1) inform the person of the person's right to a
131131 hearing before the department or the department's designee;
132132 (2) state the basis for the summary action; and
133133 (3) be personally served on the person or the person's
134134 authorized representative, be [or] sent to the person by certified
135135 or registered mail, return receipt requested, or be sent to the
136136 person by e-mail, read receipt requested, to the person's mailing
137137 address or e-mail address, as applicable, as it appears in the
138138 department's records.
139139 SECTION 11. Sections 1702.3867(a), (b), and (c),
140140 Occupations Code, are amended to read as follows:
141141 (a) A private investigator or commissioned security officer
142142 executing a capias or an arrest warrant on behalf of a bail bond
143143 surety may not:
144144 (1) enter a residence without the consent of the
145145 occupants;
146146 (2) execute the capias or warrant without written
147147 authorization from the surety;
148148 (3) wear, carry, or display any uniform, badge,
149149 shield, or other insignia or emblem that implies that the private
150150 investigator or commissioned security officer is an employee,
151151 officer, or agent of the federal government, the state, or a
152152 political subdivision of the state; or
153153 (4) notwithstanding Section 9.51, Penal Code, use
154154 deadly force.
155155 (b) Notwithstanding Subsection (a)(3), a private
156156 investigator or commissioned security officer may display
157157 identification that indicates that the person is acting on behalf
158158 of a bail bond surety.
159159 (c) A private investigator or commissioned security officer
160160 executing a capias or an arrest warrant on behalf of a bail bond
161161 surety shall immediately take the person arrested to:
162162 (1) if the arrest is made in the county in which the
163163 capias or warrant was issued:
164164 (A) the county jail for that county if:
165165 (i) the offense is a Class A or Class B
166166 misdemeanor or a felony; or
167167 (ii) the offense is a Class C misdemeanor
168168 and the capias or warrant was issued by a magistrate of that county;
169169 or
170170 (B) the municipal jail for the appropriate
171171 municipality if the offense is a Class C misdemeanor and the capias
172172 or warrant was issued by a magistrate of the municipality; or
173173 (2) if the arrest is made in a county other than the
174174 county in which the capias or warrant was issued, the county jail
175175 for the county in which the arrest is made.
176176 SECTION 12. Article 2.12, Code of Criminal Procedure, is
177177 amended to read as follows:
178178 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
179179 officers:
180180 (1) sheriffs, their deputies, and those reserve
181181 deputies who hold a permanent peace officer license issued under
182182 Chapter 1701, Occupations Code;
183183 (2) constables, deputy constables, and those reserve
184184 deputy constables who hold a permanent peace officer license issued
185185 under Chapter 1701, Occupations Code;
186186 (3) marshals or police officers of an incorporated
187187 city, town, or village, and those reserve municipal police officers
188188 who hold a permanent peace officer license issued under Chapter
189189 1701, Occupations Code;
190190 (4) rangers, officers, and members of the reserve
191191 officer corps commissioned by the Public Safety Commission and the
192192 Director of the Department of Public Safety;
193193 (5) investigators of the district attorneys', criminal
194194 district attorneys', and county attorneys' offices;
195195 (6) law enforcement agents of the Texas Alcoholic
196196 Beverage Commission;
197197 (7) each member of an arson investigating unit
198198 commissioned by a city, a county, or the state;
199199 (8) officers commissioned under Section 37.081,
200200 Education Code, or Subchapter E, Chapter 51, Education Code;
201201 (9) officers commissioned by the General Services
202202 Commission;
203203 (10) law enforcement officers commissioned by the
204204 Parks and Wildlife Commission;
205205 (11) officers commissioned under Chapter 23,
206206 Transportation Code;
207207 (12) municipal park and recreational patrolmen and
208208 security officers;
209209 (13) security officers and investigators commissioned
210210 as peace officers by the comptroller;
211211 (14) officers commissioned by a water control and
212212 improvement district under Section 49.216, Water Code;
213213 (15) officers commissioned by a board of trustees
214214 under Chapter 54, Transportation Code;
215215 (16) investigators commissioned by the Texas Medical
216216 Board;
217217 (17) officers commissioned by:
218218 (A) the board of managers of the Dallas County
219219 Hospital District, the Tarrant County Hospital District, the Bexar
220220 County Hospital District, or the El Paso County Hospital District
221221 under Section 281.057, Health and Safety Code;
222222 (B) the board of directors of the Ector County
223223 Hospital District under Section 1024.117, Special District Local
224224 Laws Code;
225225 (C) the board of directors of the Midland County
226226 Hospital District of Midland County, Texas, under Section 1061.121,
227227 Special District Local Laws Code; and
228228 (D) the board of hospital managers of the Lubbock
229229 County Hospital District of Lubbock County, Texas, under Section
230230 1053.113, Special District Local Laws Code;
231231 (18) county park rangers commissioned under
232232 Subchapter E, Chapter 351, Local Government Code;
233233 (19) investigators employed by the Texas Racing
234234 Commission;
235235 (20) officers commissioned under Chapter 554,
236236 Occupations Code;
237237 (21) officers commissioned by the governing body of a
238238 metropolitan rapid transit authority under Section 451.108,
239239 Transportation Code, or by a regional transportation authority
240240 under Section 452.110, Transportation Code;
241241 (22) investigators commissioned by the attorney
242242 general under Section 402.009, Government Code;
243243 (23) security officers and investigators commissioned
244244 as peace officers under Chapter 466, Government Code;
245245 (24) officers appointed by an appellate court under
246246 Subchapter F, Chapter 53, Government Code;
247247 (25) officers commissioned by the state fire marshal
248248 under Chapter 417, Government Code;
249249 (26) an investigator commissioned by the commissioner
250250 of insurance under Section 701.104, Insurance Code;
251251 (27) apprehension specialists and inspectors general
252252 commissioned by the Texas Juvenile Justice Department as officers
253253 under Sections 242.102 and 243.052, Human Resources Code;
254254 (28) officers appointed by the inspector general of
255255 the Texas Department of Criminal Justice under Section 493.019,
256256 Government Code;
257257 (29) investigators commissioned by the Texas
258258 Commission on Law Enforcement under Section 1701.160, Occupations
259259 Code;
260260 (30) [commission investigators commissioned by the
261261 Texas Private Security Board under Section 1702.061, Occupations
262262 Code;
263263 [(31)] the fire marshal and any officers, inspectors,
264264 or investigators commissioned by an emergency services district
265265 under Chapter 775, Health and Safety Code;
266266 (31) [(32)] officers commissioned by the State Board
267267 of Dental Examiners under Section 254.013, Occupations Code,
268268 subject to the limitations imposed by that section;
269269 (32) [(33)] investigators commissioned by the Texas
270270 Juvenile Justice Department as officers under Section 221.011,
271271 Human Resources Code; and
272272 (33) [(34)] the fire marshal and any related officers,
273273 inspectors, or investigators commissioned by a county under
274274 Subchapter B, Chapter 352, Local Government Code.
275275 SECTION 13. Section 12.095(e), Health and Safety Code, is
276276 amended to read as follows:
277277 (e) The panel may require the applicant or license holder to
278278 undergo a medical or other examination at the applicant's or
279279 holder's expense. A person who conducts an examination under this
280280 subsection may be compelled to testify before the panel and in any
281281 subsequent proceedings under Subchapter H, Chapter 411, Government
282282 Code, Subchapter O, Chapter 1702, Occupations Code, or Subchapter
283283 N, Chapter 521, Transportation Code, as applicable, concerning the
284284 person's observations and findings.
285285 SECTION 14. Section 12.097(b), Health and Safety Code, is
286286 amended to read as follows:
287287 (b) In a subsequent proceeding under Subchapter H, Chapter
288288 411, Government Code, Subchapter O, Chapter 1702, Occupations Code,
289289 or Subchapter N, Chapter 521, Transportation Code, the department
290290 may provide a copy of the report of the medical advisory board or
291291 panel and a medical record or report relating to an applicant or
292292 license holder to:
293293 (1) the Department of Public Safety of the State of
294294 Texas;
295295 (2) the applicant or license holder; and
296296 (3) the officer who presides at the hearing.
297297 SECTION 15. Sections 1702.125 and 1702.368, Occupations
298298 Code, are repealed.
299299 SECTION 16. Sections 1702.113(a), 1702.1685(c),
300300 1702.230(a), and 1702.309(b), Occupations Code, as amended by this
301301 Act, and Section 1702.163(b-1), Occupations Code, as added by this
302302 Act, apply only to an application for the issuance or renewal of a
303303 license or security officer commission submitted on or after the
304304 effective date of this Act. An application submitted before the
305305 effective date of this Act is governed by the law in effect on the
306306 date that application was submitted, and the former law is
307307 continued in effect for that purpose.
308308 SECTION 17. This Act takes effect September 1, 2023.