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                                                                  H.B. No. 1393




AN ACT

relating to the regulation of certain investigators by the Texas 
Private Security Board.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1702.323, Occupations Code, is amended 
to read as follows:
	Sec. 1702.323.  SECURITY DEPARTMENT OF PRIVATE BUSINESS.  (a)  
Except as provided by Subsections (b) and [,] (d), [and (e),] this 
chapter does not apply to an individual employed in an 
employee-employer relationship exclusively and regularly by one 
employer in connection with the affairs of the employer.
	(b)  An individual described by Subsection (a) who carries a 
firearm in the course of employment must obtain a private security 
officer commission under this chapter.
	(c)  The security department of a private business may not 
hire or employ an individual to perform a duty described by Section 
1702.222 if the individual has been convicted of a crime that would 
otherwise preclude the individual from being registered under this 
chapter.  Although the security department of a private business 
that hires or employs an individual as a private security officer to 
possess a firearm in the course and scope of the individual's duties 
is required to apply for a security officer commission for the 
individual under this chapter, the security department of a private 
business is not required to apply to the commission for any license 
under this chapter.
	(d)  This chapter applies to an individual described by 
Subsection (a) who in the course of employment:
		(1)  comes into contact with the public;                                      
		(2)  wears a uniform with any type of badge commonly 
associated with security personnel or law enforcement or a patch or 
apparel with "security" on the patch or apparel; and [or]
		(3)  performs a duty described by Section 1702.222.                           
	[(e)  This chapter applies to any person who conducts an 
investigation if the investigation involves a person, or the 
affairs of a person, who is not employed by the same employer as the 
person conducting the investigation and the investigation is not 
conducted on the premises of the employer.  Premises of the employer 
include walkways, parking areas, and other areas relating to the 
affairs of the employer.]
	SECTION 2.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1393 was passed by the House on March 
31, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 1393 was passed by the Senate on May 
5, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor