88R13783 MAW-F
 
  By: Tinderholt H.B. No. 4941
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of private security.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1702.113(a), Occupations Code, is
  amended to read as follows:
         (a)  An applicant for a company license or security officer
  commission must be at least 18 years of age and must not:
               (1)  have been previously convicted of or, at the time
  of application, be charged under an information or indictment with
  the commission of a Class A or Class B misdemeanor or felony offense
  determined to be disqualifying by commission rule;
               (2)  have been found by a court to be incompetent by
  reason of a mental defect or disease and not have been restored to
  competency;
               (3)  have been dishonorably discharged from the United
  States armed services, discharged from the United States armed
  services under other conditions determined by the commission to be
  prohibitive, or dismissed from the United States armed services if
  a commissioned officer in the United States armed services; or
               (4)  be required to register in this or any other state
  as a sex offender.
         SECTION 2.  Section 1702.123, Occupations Code, is amended
  to read as follows:
         Sec. 1702.123.  INSURANCE [; BOND]. (a)  A company license
  holder shall maintain on file with the department at all times the
  [surety bond and] certificate of insurance required by this
  chapter.
         (b)  The commission shall immediately suspend the company
  license of a company license holder who violates Subsection (a).
         (c)  The commission may rescind the company license
  suspension if the company license holder provides proof to the
  commission that [the bond or] the insurance coverage is still in
  effect.  The company license holder must provide the proof in a
  form satisfactory to the commission not later than the 10th day
  after the date the company license is suspended.
         (d)  After suspension of the company license, the commission
  may not reinstate the company license until an application, in the
  form prescribed by the commission, is filed accompanied by an [a
  proper bond,] insurance certificate [, or both].  The commission
  may deny the application notwithstanding the applicant's
  compliance with this section:
               (1)  for a reason that would justify suspending,
  revoking, or denying a company license; or
               (2)  if, during the suspension, the applicant performs
  a practice for which a company license is required.
         SECTION 3.  Section 1702.127(c), Occupations Code, is
  amended to read as follows:
         (c)  A company license holder shall maintain for inspection
  by the department at the company license holder's principal place
  of business or branch office a recent photograph [two recent color
  photographs], of a type required by the commission, of each
  applicant, individual license holder, commissioned security
  officer, and employee of the company license holder.
         SECTION 4.  Section 1702.163, Occupations Code, is amended
  by adding Subsection (b-1) to read as follows:
         (b-1)  A person who is qualified under applicable federal and
  state law to purchase a handgun based solely on the exception
  provided by 18 U.S.C. Section 922(y)(2)(A) for a person in
  possession of a hunting license or permit is not eligible for a
  security officer commission. 
         SECTION 5.  Section 1702.1685(c), Occupations Code, is
  amended to read as follows:
         (c)  An applicant for a security officer commission must
  demonstrate that the applicant passed the required proficiency
  examination within the 12-month [90-day] period before the date the
  application [security officer commission] is submitted [issued].
         SECTION 6.  Section 1702.230(a), Occupations Code, is
  amended to read as follows:
         (a)  An application for an individual license must be
  verified and include:
               (1)  the applicant's full name, residence address,
  residence telephone number, date and place of birth, and social
  security number;
               (2)  a statement that:
                     (A)  lists each name used by the applicant, other
  than the name by which the applicant is known at the time of
  application, and an explanation stating each place where each name
  was used, the date of each use, and a full explanation of the
  reasons the name was used; or
                     (B)  states that the applicant has never used a
  name other than the name by which the applicant is known at the time
  of application;
               (3)  the name and address of the applicant's employer;
               (4)  the date the employment described by Subdivision
  (3) commenced;
               (5)  a request [letter] from the company license holder
  [requesting] that the applicant be issued an individual license;
               (6)  the title of the position occupied by the
  applicant and a description of the applicant's duties;
               (7)  the required fees, including the criminal history
  check fee established under Section 1702.282;
               (8)  fingerprints of the applicant provided in the
  manner prescribed by the department; and
               (9)  any other information, evidence, statement, or
  document required by the department.
         SECTION 7.  Section 1702.301, Occupations Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  A security officer commission issued to a person who is
  not a citizen, national, or legal permanent resident of the United
  States or a refugee or asylee lawfully admitted into the United
  States expires on the earlier of:
               (1)  the date determined by the commission under
  Section 411.511, Government Code; or
               (2)  the expiration of the person's lawful presence in
  the United States as determined by the appropriate United States
  agency in compliance with federal law.
         SECTION 8.  Section 1702.309(b), Occupations Code, is
  amended to read as follows:
         (b)  A commissioned security officer must demonstrate that
  the officer passed the proficiency examination required under
  Section 1702.1685 within the 12-month [90-day] period before the
  date the renewal application is submitted [commission is renewed].
         SECTION 9.  Section 1702.361, Occupations Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  The commission shall revoke a security officer
  commission if the person holding the commission has failed to
  provide medical records or has failed to undergo medical or other
  examinations as required by a panel of the medical advisory board
  under Section 12.095, Health and Safety Code.
         SECTION 10.  Section 1702.364(b), Occupations Code, is
  amended to read as follows:
         (b)  To initiate a proceeding to take action under Subsection
  (a), the department must serve notice to the person.  The notice
  must:
               (1)  inform the person of the person's right to a
  hearing before the department or the department's designee;
               (2)  state the basis for the summary action; and
               (3)  be personally served on the person or the person's
  authorized representative, be [or] sent to the person by certified
  or registered mail, return receipt requested, or be sent to the
  person by e-mail, read receipt requested, to the person's mailing
  address or e-mail address, as applicable, as it appears in the
  department's records.
         SECTION 11.  Sections 1702.3867(a), (b), and (c),
  Occupations Code, are amended to read as follows:
         (a)  A private investigator or commissioned security officer
  executing a capias or an arrest warrant on behalf of a bail bond
  surety may not:
               (1)  enter a residence without the consent of the
  occupants;
               (2)  execute the capias or warrant without written
  authorization from the surety;
               (3)  wear, carry, or display any uniform, badge,
  shield, or other insignia or emblem that implies that the private
  investigator or commissioned security officer is an employee,
  officer, or agent of the federal government, the state, or a
  political subdivision of the state; or
               (4)  notwithstanding Section 9.51, Penal Code, use
  deadly force.
         (b)  Notwithstanding Subsection (a)(3), a private
  investigator or commissioned security officer may display
  identification that indicates that the person is acting on behalf
  of a bail bond surety.
         (c)  A private investigator or commissioned security officer
  executing a capias or an arrest warrant on behalf of a bail bond
  surety shall immediately take the person arrested to:
               (1)  if the arrest is made in the county in which the
  capias or warrant was issued:
                     (A)  the county jail for that county if:
                           (i)  the offense is a Class A or Class B
  misdemeanor or a felony; or
                           (ii)  the offense is a Class C misdemeanor
  and the capias or warrant was issued by a magistrate of that county;
  or
                     (B)  the municipal jail for the appropriate
  municipality if the offense is a Class C misdemeanor and the capias
  or warrant was issued by a magistrate of the municipality; or
               (2)  if the arrest is made in a county other than the
  county in which the capias or warrant was issued, the county jail
  for the county in which the arrest is made.
         SECTION 12.  Article 2.12, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
  officers:
               (1)  sheriffs, their deputies, and those reserve
  deputies who hold a permanent peace officer license issued under
  Chapter 1701, Occupations Code;
               (2)  constables, deputy constables, and those reserve
  deputy constables who hold a permanent peace officer license issued
  under Chapter 1701, Occupations Code;
               (3)  marshals or police officers of an incorporated
  city, town, or village, and those reserve municipal police officers
  who hold a permanent peace officer license issued under Chapter
  1701, Occupations Code;
               (4)  rangers, officers, and members of the reserve
  officer corps commissioned by the Public Safety Commission and the
  Director of the Department of Public Safety;
               (5)  investigators of the district attorneys', criminal
  district attorneys', and county attorneys' offices;
               (6)  law enforcement agents of the Texas Alcoholic
  Beverage Commission;
               (7)  each member of an arson investigating unit
  commissioned by a city, a county, or the state;
               (8)  officers commissioned under Section 37.081,
  Education Code, or Subchapter E, Chapter 51, Education Code;
               (9)  officers commissioned by the General Services
  Commission;
               (10)  law enforcement officers commissioned by the
  Parks and Wildlife Commission;
               (11)  officers commissioned under Chapter 23,
  Transportation Code;
               (12)  municipal park and recreational patrolmen and
  security officers;
               (13)  security officers and investigators commissioned
  as peace officers by the comptroller;
               (14)  officers commissioned by a water control and
  improvement district under Section 49.216, Water Code;
               (15)  officers commissioned by a board of trustees
  under Chapter 54, Transportation Code;
               (16)  investigators commissioned by the Texas Medical
  Board;
               (17)  officers commissioned by:
                     (A)  the board of managers of the Dallas County
  Hospital District, the Tarrant County Hospital District, the Bexar
  County Hospital District, or the El Paso County Hospital District
  under Section 281.057, Health and Safety Code;
                     (B)  the board of directors of the Ector County
  Hospital District under Section 1024.117, Special District Local
  Laws Code;
                     (C)  the board of directors of the Midland County
  Hospital District of Midland County, Texas, under Section 1061.121,
  Special District Local Laws Code; and
                     (D)  the board of hospital managers of the Lubbock
  County Hospital District of Lubbock County, Texas, under Section
  1053.113, Special District Local Laws Code;
               (18)  county park rangers commissioned under
  Subchapter E, Chapter 351, Local Government Code;
               (19)  investigators employed by the Texas Racing
  Commission;
               (20)  officers commissioned under Chapter 554,
  Occupations Code;
               (21)  officers commissioned by the governing body of a
  metropolitan rapid transit authority under Section 451.108,
  Transportation Code, or by a regional transportation authority
  under Section 452.110, Transportation Code;
               (22)  investigators commissioned by the attorney
  general under Section 402.009, Government Code;
               (23)  security officers and investigators commissioned
  as peace officers under Chapter 466, Government Code;
               (24)  officers appointed by an appellate court under
  Subchapter F, Chapter 53, Government Code;
               (25)  officers commissioned by the state fire marshal
  under Chapter 417, Government Code;
               (26)  an investigator commissioned by the commissioner
  of insurance under Section 701.104, Insurance Code;
               (27)  apprehension specialists and inspectors general
  commissioned by the Texas Juvenile Justice Department as officers
  under Sections 242.102 and 243.052, Human Resources Code;
               (28)  officers appointed by the inspector general of
  the Texas Department of Criminal Justice under Section 493.019,
  Government Code;
               (29)  investigators commissioned by the Texas
  Commission on Law Enforcement under Section 1701.160, Occupations
  Code;
               (30)  [commission investigators commissioned by the
  Texas Private Security Board under Section 1702.061, Occupations
  Code;
               [(31)]  the fire marshal and any officers, inspectors,
  or investigators commissioned by an emergency services district
  under Chapter 775, Health and Safety Code;
               (31) [(32)]  officers commissioned by the State Board
  of Dental Examiners under Section 254.013, Occupations Code,
  subject to the limitations imposed by that section;
               (32) [(33)]  investigators commissioned by the Texas
  Juvenile Justice Department as officers under Section 221.011,
  Human Resources Code; and
               (33) [(34)]  the fire marshal and any related officers,
  inspectors, or investigators commissioned by a county under
  Subchapter B, Chapter 352, Local Government Code.
         SECTION 13.  Section 12.095(e), Health and Safety Code, is
  amended to read as follows:
         (e)  The panel may require the applicant or license holder to
  undergo a medical or other examination at the applicant's or
  holder's expense.  A person who conducts an examination under this
  subsection may be compelled to testify before the panel and in any
  subsequent proceedings under Subchapter H, Chapter 411, Government
  Code, Subchapter O, Chapter 1702, Occupations Code, or Subchapter
  N, Chapter 521, Transportation Code, as applicable, concerning the
  person's observations and findings.
         SECTION 14.  Section 12.097(b), Health and Safety Code, is
  amended to read as follows:
         (b)  In a subsequent proceeding under Subchapter H, Chapter
  411, Government Code, Subchapter O, Chapter 1702, Occupations Code,
  or Subchapter N, Chapter 521, Transportation Code, the department
  may provide a copy of the report of the medical advisory board or
  panel and a medical record or report relating to an applicant or
  license holder to:
               (1)  the Department of Public Safety of the State of
  Texas;
               (2)  the applicant or license holder; and
               (3)  the officer who presides at the hearing.
         SECTION 15.  Sections 1702.125 and 1702.368, Occupations
  Code, are repealed.
         SECTION 16.  Sections 1702.113(a), 1702.1685(c),
  1702.230(a), and 1702.309(b), Occupations Code, as amended by this
  Act, and Section 1702.163(b-1), Occupations Code, as added by this
  Act, apply only to an application for the issuance or renewal of a
  license or security officer commission submitted on or after the
  effective date of this Act. An application submitted before the
  effective date of this Act is governed by the law in effect on the
  date that application was submitted, and the former law is
  continued in effect for that purpose.
         SECTION 17.  This Act takes effect September 1, 2023.