HBA-RBT H.B. 394 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 394
By: Longoria
Public Safety
3/3/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Commission on Law Enforcement Officers Standards and Education
has established the educational and training requirements needed to qualify
as a peace officer.  The current number of hours required to obtain the
peace officer license is 560, and the number of hours required to obtain a
commissioned security officer license is 30.  Many smaller communities are
dependent on volunteer peace officers.  Such officers provide a
considerable amount of volunteer service to those communities.  

Currently, some licensed peace officers are subject to control by the
Private Security Board because they must abide by the provisions of the
Private Investigators and Private Security Agencies Act. The Private
Security Act only exempts those peace officers who are employed full-time
as peace officers.  Retired peace officers, volunteer peace officers, and
detention guards must maintain the same credentials as full time peace
officers, yet they are prohibited by that Act from taking jobs as security
guards in order to supplement their incomes.   

H.B. 394 removes all licensed Texas peace officers from the purview of the
Private Security Board and places them solely under the control and
supervision of the Texas Commission on Law Enforcement Standards and
Education. 

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 Section 3(a), Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), to delete the
requirements that a peace officer must be a full time peace officer, not a
reserve peace officer, working as a peace officer at least 32 hours a week,
compensated by the state or a political subdivision of the state at the
rate of the minimum wage or higher, and entitled to all employee benefits
offered to a peace officer by the state or political subdivision, to be
exempt from this Act.  Makes nonsubstantive changes. 

SECTION 2.  Emergency clause.
                       Effective date: upon passage.