HBA-NIK H.B. 2215 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2215 By: Wise Public Safety 4/21/1999 Introduced BACKGROUND AND PURPOSE Currently, under the Private Investigators and Private Security Agencies Act, Article 4413(22bb), V.T.C.S., an applicant for a position as a security officer must: be at least 18 years of age; be a citizen of the United States; not have been convicted in any jurisdiction of any felony or any crime involving moral turpitude for which a full pardon has not been granted; not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and has not been restored; not be suffering from habitual drunkenness or from narcotics addiction or dependence; not be discharged from the armed services of the United States under other than honorable conditions; be of good moral character; and be in compliance with any other reasonable qualifications that the Texas Board of Private Investigators and Private Security Agencies (board) may fix, by rule. In Section 29 (Employee Records), Article 4413 (29bb), V.T.C.S., it is required for each licensee to maintain a record containing such information relative to his employees as may be prescribed by the board. However, there presently is no law explicitly creating a standard criminal history check for certain applicants. H.B. 2215 requires criminal background checks of all individual applicants for positions as security officers. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Article 4413(29bb),V.T.C.S. ( Private Investigators and Private Security Agencies Act), by adding Section 39A, as follows: Sec. 39A. CRIMINAL HISTORY CHECK. (a) Requires the Texas Board of Private Investigators and Private Security Agencies (board) to conduct a criminal history check, including a check of any criminal history record information maintained by the Federal Bureau of Investigation, in the manner provided by Subchapter F (Criminal History Record Information), Chapter 411, Government Code, on each applicant for a license, registration, security officer commission, letter of approval, permit, or certification. Provides that an applicant is not eligible for a license, registration, commission, letter of approval, permit, or certification if the check reveals that the applicant has committed an act that constitutes grounds for the denial of the license, registration, commission, letter of approval, permit, or certification. Requires each applicant to include in the application two complete sets of fingerprints on forms prescribed by the board accompanied by the fee set by the board. (b) Provides that before beginning employment as a commissioned security officer, the applicant must be approved by the board based on the results of the check conducted under Subsection (a) of this section. Provides that, to continue employment in a capacity regulated under this article, other than as a commissioned security officer, the applicant must be approved by the board based on the results of the check conducted under Subsection (a) of this section not later than the 120th day after the date the applicant begins employment in that capacity. (c) Provides that a license, registration, security officer commission, letter of approval, permit, or certification issued by the board is conditional on the board's receipt of criminal history record information. SECTION 2. Amends Section 411.119, Government Code, to include information maintained under Section 411.042(b)(5) (relating to protective orders) among the information the Texas Board of Private Investigators and Private Security Agencies is entitled to obtain from the department criminal history record information. Provides that this entitlement to information relates to an applicant for a license, registration, security officer commission, letter of approval, permit, or handgun instructor certification, or a person who holds a license, registration, security officer commission, letter of approval, permit, or handgun instructor certification under Article 4413(29bb), V.T.C.S., rather than an applicant for a position regulated under that article. SECTION 3. Repealer: Section 39 (Criminal History Background Checks), Article 4413(29bb), V.T.C.S. SECTION 4. Makes application of this Act prospective. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause.