HBA-RBT, DMD C.S.H.B. 394 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 394
By: Longoria
Public Safety
5/10/1999
Committee Report (Substituted)



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, which 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.   

C.S.H.B. 394 exempts certain reserve or volunteer peace officers and
certain officers licensed by the Commission on Law Enforcement Officer
Standards and Education (commission) from the Private Investigators and
Private Security Agencies Act. This bill also provides that in order to
qualify for an exemption a qualified person must submit an annual Private
Investigators and Private Security Agencies Act Exemption Notice
accompanied by a $35 notification fee to the commission. 

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. Provides that this Act does not apply to a person who
is a peace officer and who receives compensation for private employment on
an individual or an independent contractor basis as a patrolman, guard, or
watchman if the officer is a reserve peace officer or a volunteer peace
officer who is appointed, employed full-time, or commissioned as a peace
officer by a governmental entity (entity) that has met certain conditions;
who remains at all times under the supervision and authority of the entity;
who volunteers for a specified number of hours; and who presents proof to
the entity that the peace officer has purchased a specified liability bond
worth a certain amount. Provides that an who is officer licensed by the
Commission on Law Enforcement Officer Standards and Education (commission)
and is not subject to any other licensing authority and who submits an
exemption notice as provided by Section 415.0125, Government Code, is
exempt from this Act. Makes conforming changes. 

SECTION 2.  Amends Subchapter A, Chapter 415, Government Code, by adding
Section 415.0125, as follows: 
 
Sec. 415.0125. PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES ACT
EXEMPTION NOTICE. (a) Provides that in order to qualify for an exemption
under Section 3(a)(3), Article 4413(29bb), V.T.C.S. (Private Investigators
and Private Security Agencies Act), a qualified person must submit to the
commission, on a form approved by the commission, an annual Private
Investigators and Private Security Agencies Act Exemption Notice
accompanied by a $35 notification fee. 

(b) Requires $25 of the notification fee to be deposited to the credit of
the general revenue fund and the remaining $10 of the notification fee to
be deposited to the credit of the law enforcement officer standards and
education fund account. 

SECTION 3.  Emergency clause.
                       Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute further amends Section 3(a), Article 4413(29bb), V.T.C.S.
(Private Investigators and Private Security Agencies Act), in SECTION 1, to
provide that this Act does not apply to a person who is a peace officer and
who receives compensation for private employment on an individual or an
independent contractor basis as a patrolman, guard, or watchman, if the
officer is a reserve peace officer or a volunteer peace officer who is
appointed, employed full-time, or commissioned as a peace officer by a
governmental entity (entity) that has met certain conditions; who remains
at all times under the supervision and authority of the entity; who
volunteers for a specified number of hours; and who presents proof to the
entity that the peace officer has purchased a specified liability bond
worth a certain amount. This substitute also provides that an officer who
is licensed by the Commission on Law Enforcement Officer Standards and
Education (commission) and is not subject to any other licensing authority
and an officer who submits an exemption notice as provided by Section
415.0125, Government Code, are exempt from this Act. This substitute makes
conforming changes. 

This substitute redesignates the long emergency clause from SECTION 2 of
the original to SECTION 3 of the substitute. 

This substitute adds new SECTION 2, proposed Section 415.0125, Government
Code. For further explanation, please refer to the Section-by-Section
Analysis.