H.B. No. 2730

	AN ACT
	relating to the continuation and functions of the Department of
	Public Safety of the State of Texas and the Texas Private Security
	Board; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. CHANGES TO VEHICLE INSPECTION PROGRAM
	SECTION 1.01.  Section 548.006(i), Transportation Code, is
	amended to read as follows:
	(i)  The committee shall hold a meeting at least once [at
	least two meetings] each quarter [year].
	SECTION 1.02.  Subchapter A, Chapter 548, Transportation
	Code, is amended by adding Section 548.008 to read as follows:
	Sec. 548.008.  VEHICLE INSPECTION PROGRAM DIRECTOR. (a)
	The vehicle inspection program is managed by a program director.
	The program director may not be a commissioned officer.
	(b)  The office of the vehicle inspection program director
	must be located in Austin, Texas.
	(c)  The duties of the program director include:
	(1)  responsibility for the quality of the vehicle
	inspection program;
	(2)  coordination of the regional offices;
	(3)  compilation of regional and statewide performance
	data;
	(4)  the establishment of best practices and
	distribution of those practices to the regional offices;
	(5)  setting goals for the entire program, in
	consultation with the public safety director or the public safety
	director's designee, and setting goals for each regional office in
	consultation with the regional managers;
	(6)  monitoring the progress toward the goals set in
	Subdivision (5) and evaluating the program based on that progress;
	and
	(7)  coordination with the Texas Highway Patrol to
	enforce provisions related to vehicle inspection.
	(d)  The regional offices shall make reports as requested by
	the program director.
	ARTICLE 2. DIVISION OF EMERGENCY MANAGEMENT
	PART A. ORGANIZATION OF DIVISION
	SECTION 2A.01.  Section 418.004, Government Code, is amended
	by amending Subdivision (2) and adding Subdivision (9) to read as
	follows:
	(2)  "Division" means the Texas Division of Emergency
	Management [division of emergency management in the office of the
	governor].
	(9)  "Department" means the Department of Public Safety
	of the State of Texas.
	SECTION 2A.02.  Sections 418.041(a), (b), and (c),
	Government Code, are amended to read as follows:
	(a)  The Texas Division of Emergency Management [division of
	emergency management] is a division of the department [office of
	the governor].
	(b)  The division is managed by a chief [director] appointed
	by the public safety director of the department, with the approval
	of the governor. The chief [director] serves at the pleasure of the
	public safety director [governor]. The chief must possess
	professional training and knowledge consisting of not less than
	five years of managerial or strategic planning experience in
	matters relating to public safety, security, emergency services,
	and emergency response.
	(c)  At least once every two months, the following shall meet
	to coordinate efforts, prevent overlap of activities, and ensure
	that the state's approach to emergency management and homeland
	security is unified:
	(1)  a representative of the department;
	(2)  a representative of the division;
	(3)  a representative of the governor's office of
	homeland security;
	(4)  the presiding officer of the Homeland Security
	Council; and
	(5)  a state agency representative from the emergency
	management council, selected by the chair of the emergency
	management council. [The director shall appoint a state
	coordinator.]
	SECTION 2A.03.  Section 418.072, Government Code, is amended
	to read as follows:
	Sec. 418.072.  DISASTER EMERGENCY FUNDING BOARD. The
	disaster emergency funding board is composed of:
	(1)  the governor;
	(2)  the lieutenant governor;
	(3)  the commissioner of insurance;
	(4)  the executive commissioner of the Health and
	[Department of] Human Services Commission; and
	(5)  the chief [director] of the division.
	SECTION 2A.04.  Section 418.074(b), Government Code, is
	amended to read as follows:
	(b)  If a gift, grant, or loan is accepted by the state, the
	governor, or the emergency management council or chief of the
	division [state coordinator] if designated by the governor, may
	dispense the gift, grant, or loan directly to accomplish the
	purpose for which it was made or may allocate and transfer to a
	political subdivision services, equipment, supplies, materials, or
	funds in the amount the governor or the governor's designee may
	determine.
	PART B. OTHER AMENDMENTS, INCLUDING CONFORMING AMENDMENTS
	REFLECTING DIVISION'S NAME CHANGE
	SECTION 2B.01.  Section 12.0012, Agriculture Code, is
	amended to read as follows:
	Sec. 12.0012.  NOTIFICATION. The department shall, upon
	submission for publication, notify the Texas Division of Emergency
	Management [division of emergency management in the office of the
	governor] of each quarantine it adopts. The department shall
	thereafter cooperate with the Texas Division of Emergency
	Management [division of emergency management] in implementing any
	necessary safeguards to protect the state's agricultural resources
	from potential economic, health, or ecological disaster that may
	result from the quarantined pest or disease.
	SECTION 2B.02.  Sections 88.303(a) and (d), Education Code,
	are amended to read as follows:
	(a)  Notwithstanding any other law, during any period in
	which Texas Task Force 1 is activated by the Texas Division of
	Emergency Management [governor's division of emergency
	management], or during any training session sponsored or sanctioned
	by Texas Task Force 1, a participating nongovernment member or
	local government employee member is included in the coverage
	provided under Chapter 501, Labor Code, in the same manner as an
	employee, as defined by Section 501.001, Labor Code.
	(d)  Notwithstanding Section 412.0123, Labor Code, as added
	by Chapter 1098, Acts of the 75th Legislature, Regular Session,
	1997, the Texas Division of Emergency Management [governor's
	division of emergency management] shall reimburse the State Office
	of Risk Management for the actual medical and indemnity benefits
	paid on behalf of a covered member of Texas Task Force 1 at the
	beginning of the next state fiscal year occurring after the date the
	benefits are paid.
	SECTION 2B.03.  Section 418.014(e), Government Code, is
	amended to read as follows:
	(e)  An executive order or proclamation shall be
	disseminated promptly by means intended to bring its contents to
	the attention of the general public. An order or proclamation shall
	be filed promptly with the division [of emergency management], the
	secretary of state, and the county clerk or city secretary in each
	area to which it applies unless the circumstances attendant on the
	disaster prevent or impede the filing.
	SECTION 2B.04.  The heading to Subchapter C, Chapter 418,
	Government Code, is amended to read as follows:
	SUBCHAPTER C. TEXAS DIVISION OF EMERGENCY MANAGEMENT
	SECTION 2B.05.  Section 418.073(d), Government Code, is
	amended to read as follows:
	(d)  The [governor's] division [of emergency management]
	shall administer the disaster contingency fund and shall develop
	and implement rules and procedures for providing emergency
	assistance from the fund. The division shall annually report to the
	speaker of the house of representatives and the lieutenant governor
	expenditures from the fund, the overall status of the fund, and any
	changes to rules and procedures regarding the fund.
	SECTION 2B.051.  Subchapter C, Chapter 418, Government Code,
	is amended by adding Section 418.050 to read as follows:
	Sec. 418.050.  REENTRY CREDENTIALING PILOT PROGRAM.  (a)
	The division shall consider implementing a pilot program for a
	reentry credentialing process for reentry into areas previously
	evacuated because of a disaster or threat of disaster.
	SECTION 2B.06.  Section 421.021(a), Government Code, is
	amended to read as follows:
	(a)  The Homeland Security Council is composed of the
	governor or the governor's designee, the speaker of the house of
	representatives or the speaker's designee, the lieutenant governor
	or the lieutenant governor's designee, and one representative of
	each of the following entities, appointed by the single statewide
	elected or appointed governing officer, administrative head, or
	chair, as appropriate, of the entity:
	(1)  Department of Agriculture;
	(2)  office of the attorney general;
	(3)  General Land Office;
	(4)  Public Utility Commission of Texas;
	(5)  Department of State Health Services;
	(6)  Department of Information Resources;
	(7)  Department of Public Safety of the State of Texas;
	(8)  Texas Division of Emergency Management [division
	of emergency management of the office of the governor];
	(9)  adjutant general's department;
	(10)  Texas Commission on Environmental Quality;
	(11)  Railroad Commission of Texas;
	(12)  Texas Strategic Military Planning Commission;
	(13)  Texas Department of Transportation;
	(14)  Commission on State Emergency Communications;
	(15)  Office of State-Federal Relations;
	(16)  secretary of state;
	(17)  Senate Committee on Transportation and Homeland
	Security;
	(18)  House Committee on Defense and Veterans' Affairs
	[and State-Federal Relations];
	(19)  Texas Animal Health Commission;
	(20)  Texas Association of Regional Councils;
	(21)  Texas Commission on Law Enforcement Officer
	Standards and Education;
	(22)  state fire marshal's office;
	(23)  Texas Education Agency;
	(24)  Texas Commission on Fire Protection;
	(25)  Parks and Wildlife Department;
	(26)  Texas Forest Service; and
	(27)  Texas Water Development Board.
	SECTION 2B.07.  Section 661.907(b), Government Code, is
	amended to read as follows:
	(b)  The number of certified disaster service volunteers who
	are eligible for leave under this section may not exceed 350 state
	employees at any one time during a fiscal year. The Texas Division
	of Emergency Management [division of emergency management in the
	governor's office] shall coordinate the establishment and
	maintenance of the list of eligible employees.
	SECTION 2B.08.  Section 661.919(b), Government Code, is
	amended to read as follows:
	(b)  The number of amateur radio operators who are eligible
	for leave under this section may not exceed 350 state employees at
	any one time during a state fiscal year.  The Texas Division of
	Emergency Management [division of emergency management in the
	governor's office] shall coordinate the establishment and
	maintenance of the list of eligible employees.
	SECTION 2B.09.  Section 501.001(5), Labor Code, is amended
	to read as follows:
	(5)  "Employee" means a person who is:
	(A)  in the service of the state pursuant to an
	election, appointment, or express oral or written contract of hire;
	(B)  paid from state funds but whose duties
	require that the person work and frequently receive supervision in
	a political subdivision of the state;
	(C)  a peace officer employed by a political
	subdivision, while the peace officer is exercising authority
	granted under:
	(i)  Article 2.12, Code of Criminal
	Procedure; or
	(ii)  Articles 14.03(d) and (g), Code of
	Criminal Procedure;
	(D)  a member of the state military forces, as
	defined by Section 431.001, Government Code, who is engaged in
	authorized training or duty; or
	(E)  a Texas Task Force 1 member, as defined by
	Section 88.301, Education Code, who is activated by the Texas
	Division of Emergency Management [governor's division of emergency
	management] or is injured during [any] training [session] sponsored
	or sanctioned by Texas Task Force 1.
	SECTION 2B.10.  Sections 16.055(a) and (b), Water Code, are
	amended to read as follows:
	(a)  The chief [coordinator] of the Texas Division of
	Emergency Management [division of emergency management of the
	office of the governor] is the state drought manager. The state
	drought manager is responsible for managing and coordinating the
	drought response component of the state water plan.
	(b)  The drought preparedness council is created and shall
	meet as necessary to carry out the provisions of this section. The
	council is composed of one representative from each of the
	following entities, appointed by the administrative head of that
	entity:
	(1)  the Texas Division of Emergency Management
	[division of emergency management of the office of the governor];
	(2)  the board;
	(3)  the commission;
	(4)  the Parks and Wildlife Department;
	(5)  the Department of Agriculture;
	(6)  the Texas AgriLife [Agricultural] Extension
	Service;
	(7)  the State Soil and Water Conservation Board;
	(8)  the Texas Department of Housing and Community
	Affairs;
	(9)  the Texas Forest Service;
	(10)  the Texas Department of Transportation;
	(11)  the Texas Department of Economic Development; and
	(12)  a representative of groundwater management
	interests who is appointed by the governor.
	SECTION 2B.11.  Section 1(3), Chapter 350 (S.B. 1101), Acts
	of the 71st Legislature, Regular Session, 1989 (Article 6419c,
	Vernon's Texas Civil Statutes), is amended to read as follows:
	(3)  "Division of emergency management" means the Texas
	Division of Emergency Management [division of emergency management
	of the office of the governor].
	SECTION 2B.12.  A reference in law or a rule to the
	"governor's division of emergency management" or the "division of
	emergency management in the office of the governor" means the Texas
	Division of Emergency Management in the Department of Public Safety
	of the State of Texas.
	ARTICLE 3. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE
	FOR INTOXICATION OFFENSES
	SECTION 3.01.  Section 524.039, Transportation Code, is
	amended to read as follows:
	Sec. 524.039.  APPEARANCE OF TECHNICIANS AT HEARING. (a)
	Not [Notwithstanding Section 524.038, if not] later than the fifth
	day before the date of a scheduled hearing, [the department
	receives from] the person who requested a hearing may apply to the
	State Office of Administrative Hearings to issue a subpoena for the
	attendance [written notice, including a facsimile transmission,
	requesting the presence at the hearing] of the breath test operator
	who took the specimen of the person's breath to determine alcohol
	concentration or the certified breath test technical supervisor
	responsible for maintaining and directing the operation of the
	breath test instrument used to analyze the specimen of the person's
	breath, or both[, each requested person must appear at the
	hearing]. The State Office of Administrative Hearings shall issue
	the subpoena only on a showing of good cause.
	(b)  The department may reschedule a hearing once not less
	than 48 hours before the hearing if a [the] person subpoenaed
	[requested to attend] under Subsection (a) is unavailable. The
	department may also reschedule the hearing on showing good cause
	that a [the] person subpoenaed [requested] under Subsection (a) is
	not available at the time of the hearing.
	SECTION 3.02.  The changes in law made by this article by the
	amendment of Section 524.039, Transportation Code, apply only to a
	hearing conducted on or after September 1, 2009. A hearing
	conducted before September 1, 2009, is covered by the law in effect
	immediately before that date, and the former law is continued in
	effect for that purpose.
	SECTION 3.03.  This article takes effect September 1, 2009.
	ARTICLE 4. CHANGES TO PRIVATE SECURITY ACT
	SECTION 4.01.  Section 1702.002, Occupations Code, is
	amended by amending Subdivisions (2), (3), (5), (11), (12), (13),
	(17), (19), (20), and (21) and adding Subdivision (6-b) to read as
	follows:
	(2)  "Branch office" means an office that is:
	(A)  identified to the public as a place from
	which business is conducted, solicited, or advertised; and
	(B)  at a place other than the principal place of
	business as shown in board [commission] records.
	(3)  "Branch office license" means a permit issued by
	the board [commission] that entitles a person to operate at a branch
	office as a security services contractor or investigations company.
	(5)  "Commissioned security officer" means a security
	officer to whom a security officer commission has been issued by the
	board [commission].
	(6-b)  "Endorsement" means a permit entitling an
	individual holding a registration to perform a service regulated by
	this chapter for an appropriately licensed company.
	(11)  "Letter of authority" means a permit issued by
	the board [commission] that entitles the security department of a
	private business or a political subdivision to employ a
	commissioned security officer.
	(12)  "License" means a permit issued by the board
	[commission] that entitles a person to operate as a security
	services contractor or investigations company.
	(13)  "License holder" means a person to whom the board
	[commission] issues a license.
	(17)  "Personal protection officer endorsement
	[authorization]" means a permit issued by the board [commission]
	that entitles an individual to act as a personal protection
	officer.
	(19)  "Registrant" means an individual who has
	registered with the board [commission] under Section 1702.221.
	(20)  "Registration" means a permit issued by the board
	[commission] to an individual described by Section 1702.221.
	(21)  "Security officer commission" means an
	authorization issued by the board [commission] that entitles a
	security officer to carry a firearm.
	SECTION 4.02.  Section 1702.004, Occupations Code, is
	amended to read as follows:
	Sec. 1702.004.  GENERAL SCOPE OF REGULATION. (a) The board,
	in addition to performing duties required by other law or
	exercising powers granted by other law:
	(1)  licenses investigations companies and security
	services contractors;
	(2)  issues commissions to certain security officers;
	(3)  issues endorsements [authorizations] to certain
	security officers engaged in the personal protection of
	individuals;
	(4)  registers and endorses:
	(A)  certain individuals connected with a license
	holder; and
	(B)  certain individuals employed in a field
	connected to private investigation or private security; and
	(5)  regulates license holders, security officers,
	[and] registrants, and endorsement holders under this chapter.
	(b)  The board shall adopt rules necessary to comply with
	Chapter 53 [does not apply to this chapter or to any licensing,
	regulatory, or disciplinary determinations made under this
	chapter]. In its rules under this section, the board shall list the
	specific offenses for each category of regulated persons for which
	a conviction would constitute grounds for the board to take action
	under Section 53.021.
	SECTION 4.03.  The heading to Subchapter B, Chapter 1702,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER B. TEXAS [COMMISSION ON] PRIVATE SECURITY BOARD
	SECTION 4.04.  Section 1702.021, Occupations Code, is
	amended to read as follows:
	Sec. 1702.021.  BOARD [COMMISSION] MEMBERSHIP. (a) The
	Texas Private Security Board consists of seven members appointed by
	the governor with the advice and consent of the senate as follows:
	(1)  four public members, each of whom is a citizen of
	the United States;
	(2)  one member who is licensed under this chapter as a
	private investigator;
	(3)  one member who is licensed under this chapter as an
	alarm systems company; and
	(4)  one member who is licensed under this chapter as
	the owner or operator of a guard company.
	(b)  Appointments to the board [commission] shall be made
	without regard to the race, color, disability, sex, religion, age,
	or national origin of the appointee.
	[(c)     On presentation by a commission member of the
	constitutional oath taken by the member, together with the
	certificate of appointment, the secretary of state shall issue a
	commission to the member as evidence of the member's authority to
	act as a commission member.]
	SECTION 4.05.  Section 1702.023, Occupations Code, is
	amended to read as follows:
	Sec. 1702.023.  ELIGIBILITY OF PUBLIC MEMBERS. The board's
	[commission's] public members must be representatives of the
	general public. A person may not be a public member of the board
	[commission] if the person or the person's spouse:
	(1)  is registered, commissioned, certified, or
	licensed by a regulatory agency in the field of private
	investigations or private security;
	(2)  is employed by or participates in the management
	of a business entity or other organization regulated by or
	receiving money from the board [commission];
	(3)  owns or controls, directly or indirectly, more
	than a 10 percent interest in a business entity or other
	organization regulated by or receiving money from the board
	[commission]; or
	(4)  uses or receives a substantial amount of tangible
	goods, services, or money from the board [commission] other than
	compensation or reimbursement authorized by law for board
	[commission] membership, attendance, or expenses.
	SECTION 4.06.  Sections 1702.024(b) and (c), Occupations
	Code, are amended to read as follows:
	(b)  A person may not be a board [commission] member, and may
	not be a department [commission] employee whose primary duties
	include private security regulation and who is employed in a "bona
	fide executive, administrative, or professional capacity," as that
	phrase is used for purposes of establishing an exemption to the
	overtime provisions of the federal Fair Labor Standards Act of 1938
	(29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
	(1)  the person is an officer, employee, or paid
	consultant of a Texas trade association in the field of private
	investigation or private security; or
	(2)  the person's spouse is an officer, manager, or paid
	consultant of a Texas trade association in the field of private
	investigation or private security.
	(c)  A person may not be a board [commission] member or act as
	general counsel to the board [commission] or agency if the person is
	required to register as a lobbyist under Chapter 305, Government
	Code, because of the person's activities for compensation on behalf
	of a profession related to the operation of the agency.
	SECTION 4.07.  Section 1702.027, Occupations Code, is
	amended to read as follows:
	Sec. 1702.027.  GROUNDS FOR REMOVAL. (a) It is a ground for
	removal from the board [commission] that a member:
	(1)  does not have the qualifications required by
	Section 1702.021 at the time of taking office;
	(2)  does not maintain the qualifications required by
	Section 1702.021 during service on the board [commission];
	(3)  is ineligible for membership under Section
	1702.023 or 1702.024;
	(4)  cannot, because of illness or disability,
	discharge the member's duties for a substantial part of the member's
	term; or
	(5)  is absent from more than half of the regularly
	scheduled board [commission] meetings that the member is eligible
	to attend during a calendar year without an excuse approved by a
	majority vote of the board [commission].
	(b)  The validity of an action of the board [commission] is
	not affected by the fact that it is taken when a ground for removal
	of a board [commission] member exists.
	(c)  If the chief administrator [director] has knowledge
	that a potential ground for removal exists, the chief administrator
	[director] shall notify the presiding officer of the board
	[commission] of the potential ground. The presiding officer shall
	then notify the governor and the attorney general that a potential
	ground for removal exists. If the potential ground for removal
	involves the presiding officer, the chief administrator [director]
	shall notify the next highest ranking officer of the board
	[commission], who shall then notify the governor and the attorney
	general that a potential ground for removal exists.
	SECTION 4.08.  Section 1702.028, Occupations Code, is
	amended to read as follows:
	Sec. 1702.028.  PER DIEM; REIMBURSEMENT. (a) A board
	[commission] member is entitled to a per diem as set by legislative
	appropriation for each day the member engages in the business of the
	board [commission].
	(b)  A member is entitled to reimbursement for travel
	[transportation] expenses incurred while conducting board
	business, including expenses for transportation, meals, and
	lodging, as prescribed by the General Appropriations Act. [A
	member may not receive compensation for travel expenses, including
	expenses for meals and lodging, other than transportation
	expenses.]
	SECTION 4.09.  Section 1702.029, Occupations Code, is
	amended to read as follows:
	Sec. 1702.029.  MEETINGS. The board [commission] shall meet
	at regular intervals to be decided by the board [commission].
	SECTION 4.10.  Section 1702.030, Occupations Code, is
	amended to read as follows:
	Sec. 1702.030.  TRAINING. (a) A person who is appointed to
	and qualifies for office as a board [commission] member may not
	vote, deliberate, or be counted as a member in attendance at a board
	[commission] meeting until the person completes a training program
	that complies with this section.
	(b)  The training program must provide the person with
	information regarding:
	(1)  this chapter;
	(2)  the programs operated by the board [commission];
	(3)  the role and functions of the board [commission];
	(4)  the rules of the board [commission], with an
	emphasis on the rules that relate to disciplinary and investigatory
	authority;
	(5)  the current budget for the board [commission];
	(6)  the results of the most recent formal audit of the
	board [commission];
	(7)  the requirements of:
	(A)  the open meetings law, Chapter 551,
	Government Code;
	(B)  the public information law, Chapter 552,
	Government Code;
	(C)  the administrative procedure law, Chapter
	2001, Government Code; and
	(D)  other laws relating to public officials,
	including conflict of interest laws; and
	(8)  any applicable ethics policies adopted by the
	board [commission] or the Texas Ethics Commission.
	(c)  A person appointed to the board [commission] is entitled
	to reimbursement, as provided by the General Appropriations Act,
	for the travel expenses incurred in attending the training program
	regardless of whether the attendance at the program occurs before
	or after the person qualifies for office.
	SECTION 4.11.  The heading to Subchapter C, Chapter 1702,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER C. CHIEF ADMINISTRATOR [DIRECTOR] AND PERSONNEL
	SECTION 4.12.  Section 1702.041, Occupations Code, is
	amended to read as follows:
	Sec. 1702.041.  CHIEF ADMINISTRATOR [DIRECTOR]. (a) The
	[director is the] chief administrator is responsible for the
	administration of this chapter under the direction of the board
	[commission]. The chief administrator [director] shall perform
	duties as prescribed by the board and the department [commission].
	(b)  The chief administrator [director] is a full-time
	employee of the department [commission]. A board [commission]
	member may not serve as chief administrator [director].
	SECTION 4.13.  Section 1702.042, Occupations Code, is
	amended to read as follows:
	Sec. 1702.042.  PERSONNEL; CONFLICT OF INTEREST. An
	employee of the department whose primary duties include private
	security regulation [commission] may not:
	(1)  have a financial or business interest, contingent
	or otherwise, in a security services contractor or investigations
	company; or
	(2)  be licensed under this chapter.
	SECTION 4.14.  Section 1702.043, Occupations Code, is
	amended to read as follows:
	Sec. 1702.043.  DIVISION OF RESPONSIBILITIES. The board
	[commission] shall develop and implement policies that clearly
	separate the policy-making responsibilities of the board
	[commission] and the management responsibilities of the chief
	administrator [director] and staff of the department [commission].
	SECTION 4.15.  Section 1702.044, Occupations Code, is
	amended to read as follows:
	Sec. 1702.044.  QUALIFICATIONS AND STANDARDS OF CONDUCT
	INFORMATION. The chief administrator [director] or the chief
	administrator's [director's] designee shall provide to board
	[commission] members and to agency employees, as often as
	necessary, information regarding the requirements for office or
	employment under this chapter, including information regarding a
	person's responsibilities under applicable laws relating to
	standards of conduct for state officers or employees.
	SECTION 4.16.  The heading to Subchapter D, Chapter 1702,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER D. POWERS AND DUTIES OF BOARD [COMMISSION]
	SECTION 4.17.  Section 1702.061, Occupations Code, is
	amended to read as follows:
	Sec. 1702.061.  GENERAL POWERS AND DUTIES OF BOARD
	[COMMISSION]. (a) The board [Texas Commission on Private
	Security] shall perform the functions and duties provided by this
	chapter.
	(b)  The board [commission] shall adopt rules and general
	policies to guide the agency in the administration of this chapter.
	(c)  The rules and policies adopted by the board [commission]
	under Subsection (b) must be consistent with this chapter and other
	board [commission] rules adopted under this chapter and with any
	other applicable law, state rule, or federal regulation.
	(d)  The board [commission] has the powers and duties to:
	(1)  determine the qualifications of license holders,
	registrants, endorsement holders, and commissioned security
	officers;
	(2)  investigate alleged violations of this chapter and
	of board [commission] rules;
	(3)  adopt rules necessary to implement this chapter;
	and
	(4)  establish and enforce standards governing the
	safety and conduct of each person licensed, registered, or
	commissioned under this chapter.
	(e)  The board [commission] shall have a seal in the form
	prescribed by the board [commission].
	[(f)     The commission may commission investigators who are
	employed full-time by the commission as peace officers for the
	limited purpose of assisting the commission in investigating
	alleged violations of this chapter and of commission rules.]
	SECTION 4.18.  Subchapter D, Chapter 1702, Occupations Code,
	is amended by adding Section 1702.0612 to read as follows:
	Sec. 1702.0612.  NEGOTIATED RULEMAKING AND ALTERNATIVE
	DISPUTE RESOLUTION. (a) The board shall develop and implement a
	policy to encourage the use of:
	(1)  negotiated rulemaking procedures under Chapter
	2008, Government Code, for the adoption of board rules; and
	(2)  appropriate alternative dispute resolution
	procedures under Chapter 2009, Government Code, to assist in the
	resolution of internal and external disputes under the board's
	jurisdiction.
	(b)  The board's procedures relating to alternative dispute
	resolution must conform, to the extent possible, to any model
	guidelines issued by the State Office of Administrative Hearings
	for the use of alternative dispute resolution by state agencies.
	(c)  The board shall designate a trained person to:
	(1)  coordinate the implementation of the policy
	adopted under Subsection (a);
	(2)  serve as a resource for any training needed to
	implement the procedures for negotiated rulemaking or alternative
	dispute resolution; and
	(3)  collect data concerning the effectiveness of those
	procedures, as implemented by the board.
	SECTION 4.19.  Section 1702.062, Occupations Code, is
	amended to read as follows:
	Sec. 1702.062.  FEES. (a) The board [commission] by rule
	shall establish reasonable and necessary fees that produce
	sufficient revenue to administer this chapter. The fees may not
	produce unnecessary fund balances. [and may not exceed the
	following amounts:
	[Class A license$350 (original and renewal)
	[Class B license$400 (original and renewal)
	[Class C license$540 (original and renewal)
	[Class D license$400 (original and renewal)
	[Reinstate suspended license$150
	[Assignment of license$150
	[Change name of license$ 75
	[Delinquency fee__
	[Branch office certificate and renewal$300
	[Registration fee for private investigator, manager, branch
	office manager, locksmith, electronic access control device
	installer, and alarm systems installer $ 30 (original and renewal)
	[Registration fee for noncommissioned security officer$ 30
	(original and renewal)
	[Registration fee for security salesperson$ 30
	[Registration fee for alarm systems monitor$ 30
	[Registration fee for dog trainer$ 30
	[Registration fee for owner, officer, partner, or
	shareholder of a license holder $ 50
	[Registration fee for security consultant$300
	[Registration fee for employee of license holder$ 30
	[Security officer commission fee$ 50
	(original and renewal)
	[School instructor fee$100
	(original and renewal)
	[School approval fee$350
	(original and renewal)
	[Letter of authority fee for private business and political
	subdivision $400
	[Letter of authority renewal fee for private business and
	political subdivision $225
	[Letter of authority fee for commissioned officer,
	noncommissioned officer, or personal protection officer for
	political subdivision $ 10
	[FBI fingerprint check$ 25
	[Duplicate pocket card$ 10
	[Employee information update fee$ 15
	[Burglar alarm sellers renewal fee$ 30
	[Personal protection officer authorization$ 50]
	(b)  The board [In addition to other fees established under
	this chapter, the commission] may charge a fee each time the board
	[commission] requires a person regulated under this chapter to
	resubmit a set of fingerprints for processing by the board
	[commission] during the application process for a license,
	registration, endorsement, or commission. The board [commission]
	shall set the fee in an amount that is reasonable and necessary to
	cover the [commission's] administrative expenses related to
	processing the fingerprints.
	(c)  A person whose pocket card has not expired is not
	eligible to receive from the board [commission] another pocket card
	in the same classification in which the pocket card is held.
	SECTION 4.20.  The heading to Section 1702.063, Occupations
	Code, is amended to read as follows:
	Sec. 1702.063.  BOARD [COMMISSION] USE OF FINES.
	SECTION 4.21.  Section 1702.0635, Occupations Code, is
	amended to read as follows:
	Sec. 1702.0635.  RESTRICTIONS ON CERTAIN RULES. The board
	[commission] may not adopt rules or establish unduly restrictive
	experience or education requirements that limit a person's ability
	to be licensed as an electronic access control device company or be
	registered as an electronic access control device installer.
	SECTION 4.22.  Section 1702.064, Occupations Code, is
	amended to read as follows:
	Sec. 1702.064.  RULES RESTRICTING ADVERTISING OR
	COMPETITIVE BIDDING. (a) The board [commission] may not adopt
	rules restricting advertising or competitive bidding by a person
	regulated by the board [commission] except to prohibit false,
	misleading, or deceptive practices by the person.
	(b)  The board [commission] may not include in its rules to
	prohibit false, misleading, or deceptive practices by a person
	regulated by the board [commission] a rule that:
	(1)  restricts the person's use of any medium for
	advertising;
	(2)  restricts the person's personal appearance or use
	of the person's personal voice in an advertisement;
	(3)  relates to the size or duration of an
	advertisement by the person; or
	(4)  restricts the person's advertisement under a trade
	name.
	SECTION 4.23.  Section 1702.0645, Occupations Code, is
	amended to read as follows:
	Sec. 1702.0645.  PAYMENT OF FEES AND FINES. (a) The board
	[commission] may adopt rules regarding the method of payment of a
	fee or a fine assessed under this chapter.
	(b)  Rules adopted under this section may:
	(1)  authorize the use of electronic funds transfer or
	a valid credit card issued by a financial institution chartered by a
	state or the federal government or by a nationally recognized
	credit organization approved by the board [commission]; and
	(2)  require the payment of a discount or a reasonable
	service charge for a credit card payment in addition to the fee or
	the fine.
	SECTION 4.24.  Section 1702.066, Occupations Code, is
	amended to read as follows:
	Sec. 1702.066.  SERVICE OF PROCESS; SERVICE OF DOCUMENTS ON
	BOARD [COMMISSION]. Legal process and documents required by law to
	be served on or filed with the board [commission] must be served on
	or filed with the chief administrator [director] at the designated
	office of the board [commission].
	SECTION 4.25.  Section 1702.067, Occupations Code, is
	amended to read as follows:
	Sec. 1702.067.  BOARD [COMMISSION] RECORDS; EVIDENCE. An
	official record of the board [commission] or an affidavit by the
	chief administrator [director] as to the content of the record is
	prima facie evidence of a matter required to be kept by the board
	[commission].
	SECTION 4.26.  Section 1702.068, Occupations Code, is
	amended to read as follows:
	Sec. 1702.068.  APPEAL BOND NOT REQUIRED. The board
	[commission] is not required to give an appeal bond in any cause
	arising under this chapter.
	SECTION 4.27.  Section 1702.081, Occupations Code, is
	amended to read as follows:
	Sec. 1702.081.  PUBLIC INTEREST INFORMATION. (a) The board
	[commission] shall prepare information of interest to consumers or
	recipients of services regulated under this chapter describing the
	board's [commission's] regulatory functions and the procedures by
	which complaints are filed with and resolved by the board
	[commission].
	(b)  The board [commission] shall make the information
	available to the public and appropriate state agencies.
	SECTION 4.28.  Sections 1702.082(a), (b), (c), and (d),
	Occupations Code, are amended to read as follows:
	(a)  The board [commission by rule shall establish methods by
	which consumers and service recipients are notified of the name,
	mailing address, and telephone number of the commission for the
	purpose of directing complaints to the commission. The commission
	may provide for that notice:
	[(1)     on each registration form, application, or
	written contract for services of a person regulated under this
	chapter;
	[(2)     on a sign prominently displayed in the place of
	business of each person regulated under this chapter; or
	[(3)     in a bill for services provided by a person
	regulated under this chapter.
	[(b)  The commission] shall maintain a system to promptly and
	efficiently act on complaints [file on each written complaint]
	filed with the board [commission]. The board shall maintain
	information about parties to the complaint, [file must include:
	[(1)  the name of the person who filed the complaint;
	[(2)     the date the complaint is received by the
	commission;
	[(3)]  the subject matter of the complaint, [;
	[(4)     the name of each person contacted in relation to
	the complaint;
	[(5)]  a summary of the results of the review or
	investigation of the complaint, [;] and its disposition
	[(6)     an explanation of the reason the file was closed,
	if the agency closed the file without taking action other than to
	investigate the complaint].
	(b) [(c)]  The board [commission] shall make information
	available describing its [provide to the person filing the
	complaint a copy of the commission's policies and] procedures for
	[relating to] complaint investigation and resolution.
	(c)  The board shall periodically notify the complaint
	parties of the status of the complaint until final disposition.
	[(d)     Unless it would jeopardize an undercover investigation, the
	commission shall provide to each person who is a subject of the
	complaint a copy of the commission's policies and procedures
	relating to complaint investigation and resolution.]
	SECTION 4.29.  Section 1702.083, Occupations Code, is
	amended to read as follows:
	Sec. 1702.083.  PUBLIC PARTICIPATION. The board
	[commission] shall develop and implement policies that provide the
	public with a reasonable opportunity to appear before the board
	[commission] and to speak on any issue under the board's
	[commission's] jurisdiction.
	SECTION 4.30.  Section 1702.084, Occupations Code, is
	amended to read as follows:
	Sec. 1702.084.  PUBLIC ACCESS TO CERTAIN RECORDS OF
	DISCIPLINARY ACTIONS. (a) The board [commission] shall make
	available to the public through a toll-free telephone number,
	Internet website, or other easily accessible medium determined by
	the board [commission] the following information relating to a
	disciplinary action taken during the preceding three years
	regarding a person regulated by the board [commission]:
	(1)  the identity of the person;
	(2)  the nature of the complaint that was the basis of
	the disciplinary action taken against the person; and
	(3)  the disciplinary action taken by the board
	[commission].
	(b)  In providing the information, the board [commission]
	shall present the information in an impartial manner, use language
	that is commonly understood, and, if possible, avoid jargon
	specific to the security industry.
	(c)  The board [commission] shall update the information on a
	monthly basis.
	(d)  The board [commission] shall maintain the
	confidentiality of information regarding the identification of a
	complainant.
	SECTION 4.31.  Section 1702.103, Occupations Code, is
	amended to read as follows:
	Sec. 1702.103.  CLASSIFICATION AND LIMITATION OF LICENSES.
	(a) The license classifications are:
	(1)  Class A: investigations company license, covering
	operations of an investigations company;
	(2)  Class B: security services contractor license,
	covering operations of a security services contractor;
	(3)  Class C: covering the operations included within
	Class A and Class B; [and]
	(4)  Class F: level III training school license;
	(5)  Class O: alarm level I training school license;
	(6)  Class P: private business letter of authority
	license;
	(7)  Class X: government letter of authority license;
	and
	(8)  Class T: telematics license [Class D: electronic
	access control device license, covering operations of an electronic
	access control device company].
	(b)  A [Class A, B, C, or D] license described by this chapter
	does not authorize the license holder to perform a service for which
	the license holder has not qualified. A person may not engage in an
	operation outside the scope of that person's license. The board
	[commission] shall indicate on the license the services the license
	holder is authorized to perform. The license holder may not perform
	a service unless it is indicated on the license.
	(c)  A license is not assignable unless the assignment is
	approved in advance by the board [commission].
	(d)  The board [commission] shall prescribe by rule the
	procedure under which a license may be terminated.
	(e)  The board by rule may establish other license
	classifications for activities expressly regulated by this chapter
	and may establish qualifications and practice requirements
	consistent with this chapter for those license classifications.
	SECTION 4.32.  Section 1702.104, Occupations Code, is
	amended to read as follows:
	Sec. 1702.104.  INVESTIGATIONS COMPANY.  (a)  A person acts
	as an investigations company for the purposes of this chapter if the
	person:
	(1)  engages in the business of obtaining or
	furnishing, or accepts employment to obtain or furnish, information
	related to:
	(A)  crime or wrongs done or threatened against a
	person, state, or the United States;
	(B)  the identity, habits, business, occupation,
	knowledge, efficiency, loyalty, movement, location, affiliations,
	associations, transactions, acts, reputation, or character of a
	person;
	(C)  the location, disposition, or recovery of
	lost or stolen property; or
	(D)  the cause or responsibility for a fire,
	libel, loss, accident, damage, or injury to a person or to property;
	(2)  engages in the business of securing, or accepts
	employment to secure, evidence for use before a court, board,
	officer, or investigating committee;
	(3)  engages in the business of securing, or accepts
	employment to secure, the electronic tracking of the location of an
	individual or motor vehicle other than for criminal justice
	purposes by or on behalf of a governmental entity; or
	(4)  engages in the business of protecting, or accepts
	employment to protect, an individual from bodily harm through the
	use of a personal protection officer.
	(b)  For purposes of Subsection (a)(1), obtaining or
	furnishing information includes information obtained or furnished
	through the review and analysis of, and the investigation into the
	content of, computer-based data not available to the public.  The
	repair or maintenance of a computer does not constitute an
	investigation for purposes of this section and does not require
	licensing under this chapter if:
	(1)  the review or analysis of computer-based data is
	performed only to diagnose a computer or software problem;
	(2)  there is no intent to obtain or furnish
	information described by Subsection (a)(1); and
	(3)  the discovery of any information described by
	Subsection (a)(1) is inadvertent.
	SECTION 4.33.  Section 1702.111, Occupations Code, is
	amended to read as follows:
	Sec. 1702.111.  ISSUANCE OF BRANCH OFFICE LICENSE. (a) A
	license holder, in accordance with Section 1702.129, shall notify
	the board [commission] in writing of the establishment of a branch
	office and file in writing with the board [commission] the address
	of the branch office.
	(b)  On application by a license holder, the board
	[commission] shall issue a branch office license.
	SECTION 4.34.  Sections 1702.113(a) and (c), Occupations
	Code, are amended to read as follows:
	(a)  An applicant for a license, certificate of
	registration, endorsement, or security officer commission or the
	applicant's manager must be at least 18 years of age and must not:
	(1)  [have been convicted in any jurisdiction of two or
	more felony offenses, unless full pardons have been granted for all
	convictions for reasons relating to wrongful convictions;
	[(2)     have been convicted in any jurisdiction of any of
	the following:
	[(A)     a single felony or equivalent offense for
	which the 20th anniversary of the date of conviction has not
	occurred before the date of application, unless a full pardon has
	been granted for reasons relating to a wrongful conviction; or
	[(B)     a Class A misdemeanor or equivalent offense
	for which the 10th anniversary of the date of conviction has not
	occurred before the date of application, unless a full pardon has
	been granted for reasons relating to a wrongful conviction;
	[(3)]  at the time of application be charged with the
	commission of a Class A misdemeanor or felony offense, under an
	information or indictment;
	[(4)     in the 10 years preceding the date of
	application, have been adjudicated as having engaged in delinquent
	conduct violating a penal law of the grade of felony;]
	(2) [(5)]  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) [(6)]  have been dishonorably discharged from the
	United States armed services, discharged from the United States
	armed services under other conditions determined by the board to be
	prohibitive, or dismissed from the United States armed services if
	a commissioned officer in the United States armed services; or
	(4) [(7)]  be required to register in this or any other
	state as a sex offender, unless the applicant is approved by the
	board under Section 1702.3615.
	(c)  For purposes of this section, an offense under the laws
	of this state, another state, or the United States is considered[:
	[(1)  a felony if the offense:
	[(A)     at the time of conviction was designated by
	a law of this state as a felony, including a state jail felony;
	[(B)     contains all the elements of an offense
	designated by a law of this state as a felony, including a state
	jail felony; or
	[(C)     is punishable by confinement for one year or
	more in a penitentiary;
	[(2)     a Class A misdemeanor if the offense is not a
	felony and the offense:
	[(A)     at the time of conviction was designated by
	a law of this state as a Class A misdemeanor;
	[(B)     contains all the elements of an offense
	designated by a law of this state as a Class A misdemeanor; or
	[(C)     provides as a possible punishment
	confinement in a jail other than a state jail felony facility; or
	[(3)]  a Class B misdemeanor if the offense is not a
	felony or Class A misdemeanor and the offense:
	(1) [(A)]  at the time of conviction was designated by
	a law of this state as a Class B misdemeanor;
	(2) [(B)]  contains all the elements of an offense
	designated by a law of this state as a Class B misdemeanor; or
	(3) [(C)]  provides as a possible punishment
	confinement in a jail other than a state jail felony facility.
	SECTION 4.35.  Section 1702.114, Occupations Code, is
	amended to read as follows:
	Sec. 1702.114.  ADDITIONAL QUALIFICATIONS FOR
	INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a license to
	engage in the business of an investigations company or the
	applicant's manager must have, before the date of the application,
	three consecutive years' experience in the investigative field as
	an employee, manager, or owner of an investigations company or
	satisfy other requirements set by the board [commission].
	(b)  The applicant's experience must be:
	(1)  reviewed by the board [commission] or the chief
	administrator [director]; and
	(2)  determined to be adequate to qualify the applicant
	to engage in the business of an investigations company.
	SECTION 4.36.  Section 1702.115, Occupations Code, is
	amended to read as follows:
	Sec. 1702.115.  ADDITIONAL QUALIFICATIONS FOR SECURITY
	SERVICES CONTRACTOR LICENSE. (a) An applicant for a license to
	engage in the business of a security services contractor or the
	applicant's manager must have, before the date of the application,
	two consecutive years' experience in each security services field
	for which the person applies as an employee, manager, or owner of a
	security services contractor or satisfy other requirements set by
	the board [commission].
	(b)  The applicant's experience must have been obtained
	legally and must be:
	(1)  reviewed by the board [commission] or the chief
	administrator [director]; and
	(2)  determined to be adequate to qualify the applicant
	to engage in the business of a security services contractor.
	SECTION 4.37.  Section 1702.116, Occupations Code, is
	amended to read as follows:
	Sec. 1702.116.  QUALIFICATIONS FOR GUARD DOG COMPANY
	LICENSE; INSPECTIONS. (a) An applicant for a license to engage in
	the business of a guard dog company must:
	(1)  meet the requirements of Sections 1702.113 and
	1702.115; and
	(2)  present evidence satisfactory to the board
	[commission] that the applicant will comply with the rules adopted
	under this section.
	(b)  After consulting the [Texas] Department of State Health
	Services, the board [commission] shall adopt rules to ensure that
	the areas in which a guard dog company houses, exercises, or trains
	its animals are securely enclosed by a six-foot chain-link fence or
	made equally secure.
	(c)  The board [commission] shall conduct regular
	inspections to ensure compliance with the rules adopted under this
	section.
	SECTION 4.38.  Sections 1702.117(a), (c), and (d),
	Occupations Code, are amended to read as follows:
	(a)  The board [commission] shall require an applicant for a
	license under this chapter or the applicant's manager to
	demonstrate qualifications in the person's license classification,
	including knowledge of applicable state laws and board [commission]
	rules, by taking an examination to be determined by the board
	[commission].
	(c)  The board [commission] shall set the reexamination fee
	in an amount not to exceed the amount of the renewal fee for the
	license classification for which application was made.
	(d)  The board [commission] shall develop and provide to a
	person who applies to take the examination under Subsection (a)
	material containing all applicable state laws and board
	[commission] rules.
	SECTION 4.39.  Section 1702.118, Occupations Code, is
	amended to read as follows:
	Sec. 1702.118.  EXAMINATION RESULTS. (a) Not later than the
	30th day after the date a person takes a licensing examination under
	this chapter, the board [commission] shall notify the person of the
	examination results.
	(b)  If an examination is graded or reviewed by a testing
	service:
	(1)  the board [commission] shall notify the person of
	the examination results not later than the 14th day after the date
	the board [commission] receives the results from the testing
	service; and
	(2)  if notice of the examination results will be
	delayed for longer than 90 days after the examination date, the
	board [commission] shall notify the person of the reason for the
	delay before the 90th day.
	(c)  The board [commission] may require a testing service to
	notify a person of the results of the person's examination.
	(d)  If requested in writing by a person who fails a
	licensing examination administered under this chapter, the board
	[commission] shall furnish the person with an analysis of the
	person's performance on the examination.
	SECTION 4.40.  Section 1702.1183, Occupations Code, is
	amended to read as follows:
	Sec. 1702.1183.  RECIPROCAL LICENSE FOR CERTAIN FOREIGN
	APPLICANTS. (a) The board [commission] may waive any prerequisite
	to obtaining a license for an applicant who holds a license issued
	by another jurisdiction with which this state has a reciprocity
	agreement.
	(b)  The board [commission] may make an agreement, subject to
	the approval of the governor, with another state to allow for
	licensing by reciprocity.
	SECTION 4.41.  Section 1702.1186, Occupations Code, is
	amended to read as follows:
	Sec. 1702.1186.  PROVISIONAL LICENSE. (a) The board
	[commission] may issue a provisional license to an applicant
	currently licensed in another jurisdiction who seeks an equivalent
	license in this state and who:
	(1)  has been licensed in good standing as an
	investigations company or security services contractor for at least
	two years in another jurisdiction, including a foreign country,
	that has licensing requirements substantially equivalent to the
	requirements of this chapter;
	(2)  has passed a national or other examination
	recognized by the board [commission] relating to the practice of
	private investigations or security services contracting; and
	(3)  is sponsored by a person licensed by the board
	[commission] under this chapter with whom the provisional license
	holder will practice during the time the person holds a provisional
	license.
	(b)  A provisional license is valid until the date the board
	[commission] approves or denies the provisional license holder's
	application for a license. The board [commission] shall issue a
	license under this chapter to the provisional license holder if:
	(1)  the provisional license holder is eligible to be
	licensed under Section 1702.1183; or
	(2)  the provisional license holder:
	(A)  passes the part of the examination under
	Section 1702.117(a) that relates to the applicant's knowledge and
	understanding of the laws and rules relating to the practice of an
	investigations company or security services contractor in this
	state;
	(B)  is verified by the board [commission] as
	meeting the academic and experience requirements for a license
	under this chapter; and
	(C)  satisfies any other licensing requirements
	under this chapter.
	(c)  The board [commission] must approve or deny a
	provisional license holder's application for a license not later
	than the 180th day after the date the provisional license is issued.
	The board [commission] may extend the 180-day period if the results
	of an examination have not been received by the board [commission]
	before the end of that period.
	(d)  The board [commission] may establish a fee for
	provisional licenses in an amount reasonable and necessary to cover
	the cost of issuing the license.
	SECTION 4.42.  Section 1702.120(b), Occupations Code, is
	amended to read as follows:
	(b)  An individual may not apply to the board [commission] to
	serve as manager of an investigations company, guard company, alarm
	systems company, armored car company, courier company, or guard dog
	company without the intent to maintain that supervisory position on
	a daily basis for that company.
	SECTION 4.43.  Section 1702.122, Occupations Code, is
	amended to read as follows:
	Sec. 1702.122.  TEMPORARY CONTINUATION OF LICENSE HOLDER'S
	BUSINESS. Under the terms provided by board [commission] rule, a
	license holder's business may continue for a temporary period if
	the individual on the basis of whose qualifications a license under
	this chapter has been obtained ceases to be connected with the
	license holder.
	SECTION 4.44.  Section 1702.123, Occupations Code, is
	amended to read as follows:
	Sec. 1702.123.  INSURANCE; BOND. (a) A license holder shall
	maintain on file with the board [commission] at all times the surety
	bond and certificate of insurance required by this chapter.
	(b)  The board [commission] shall immediately suspend the
	license of a license holder who violates Subsection (a).
	(c)  The board [commission] may rescind the license
	suspension if the license holder provides proof to the board
	[commission] that the bond or the insurance coverage is still in
	effect. The license holder must provide the proof in a form
	satisfactory to the board [commission] not later than the 10th day
	after the date the license is suspended.
	(d)  After suspension of the license, the board [commission]
	may not reinstate the license until an application, in the form
	prescribed by the board [commission], is filed accompanied by a
	proper bond, insurance certificate, or both. The board
	[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 license; or
	(2)  if, during the suspension, the applicant performs
	a practice for which a license is required.
	SECTION 4.45.  Section 1702.125, Occupations Code, is
	amended to read as follows:
	Sec. 1702.125.  BOND REQUIREMENT. A bond executed and filed
	with the board [commission] under this chapter remains in effect
	until the surety terminates future liability by providing to the
	board [commission] at least 30 days' notice of the intent to
	terminate liability.
	SECTION 4.46.  Section 1702.129, Occupations Code, is
	amended to read as follows:
	Sec. 1702.129.  NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
	(a) A license holder shall notify the board [commission] not later
	than the 14th day after the date of:
	(1)  a change of address for the license holder's
	principal place of business;
	(2)  a change of a name under which the license holder
	does business; or
	(3)  a change in the license holder's officers or
	partners.
	(b)  A license holder shall notify the board [commission] in
	writing not later than the 14th day after the date a branch office:
	(1)  is established;
	(2)  is closed; or
	(3)  changes address or location.
	SECTION 4.47.  Section 1702.131, Occupations Code, is
	amended to read as follows:
	Sec. 1702.131.  ADVERTISING. An advertisement by a license
	holder soliciting or advertising business must contain the license
	holder's company name and address as stated in board [commission]
	records.
	SECTION 4.48.  Section 1702.161(b), Occupations Code, is
	amended to read as follows:
	(b)  An individual employed as a security officer may not
	knowingly carry a firearm during the course of performing duties as
	a security officer unless the board [commission] has issued a
	security officer commission to the individual.
	SECTION 4.49.  Section 1702.162, Occupations Code, is
	amended to read as follows:
	Sec. 1702.162.  EMPLOYER'S APPLICATION FOR SECURITY OFFICER
	COMMISSION. The employer of a security officer who applies for a
	security officer commission for the officer must submit an
	application to the board [commission] on a form provided by the
	board [commission].
	SECTION 4.50.  Section 1702.165, Occupations Code, is
	amended to read as follows:
	Sec. 1702.165.  ISSUANCE OF SECURITY OFFICER COMMISSION;
	POCKET CARD. (a) The board [commission], with the concurrence of
	the department [Texas Department of Public Safety]:
	(1)  may issue a security officer commission to an
	individual employed as a uniformed security officer; and
	(2)  shall issue a security officer commission to a
	qualified employee of an armored car company that is a carrier
	conducting the armored car business under a federal or state permit
	or certificate.
	(b)  A security officer commission issued under this section
	must be in the form of a pocket card designed by the board
	[commission] that identifies the security officer.
	SECTION 4.51.  Section 1702.167, Occupations Code, is
	amended to read as follows:
	Sec. 1702.167.  TERMINATION OF EMPLOYMENT AS COMMISSIONED
	SECURITY OFFICER; TRANSFER OF COMMISSION. The holder of a security
	officer commission who terminates employment with one employer may
	transfer the individual's commission to a new employer if, not
	later than the 14th day after the date the individual begins the new
	employment, the new employer notifies the board [commission] of the
	transfer of employment on a form prescribed by the board
	[commission], accompanied by payment of the employee information
	update fee.
	SECTION 4.52.  Sections 1702.1675(a), (b), (c), (d), (e),
	(f), and (i), Occupations Code, are amended to read as follows:
	(a)  The board [commission] shall establish a basic training
	course for commissioned security officers. The course must
	include, at a minimum:
	(1)  general security officer training issues;
	(2)  classroom instruction on handgun proficiency; and
	(3)  range instruction on handgun proficiency.
	(b)  The course must be offered and taught by schools and
	instructors approved by the board [commission]. To receive board
	[commission] approval, a school or an instructor must submit an
	application to the board [commission] on a form provided by the
	board [commission].
	(c)  The basic training course approved by the board
	[commission] must consist of a minimum of 30 hours.
	(d)  The general security officer training portion of the
	course must include instruction on:
	(1)  board [commission] rules and applicable state
	laws;
	(2)  field note taking and report writing; and
	(3)  any other topics of security officer training
	curriculum the board [commission] considers necessary.
	(e)  The board [commission] shall develop a commissioned
	security officer training manual that contains applicable state
	laws and board [commission] rules to be used in the instruction and
	training of commissioned security officers.
	(f)  The board [commission] shall adopt rules necessary to
	administer the provisions of this section concerning the training
	requirements of this chapter.
	(i)  The board [commission] by rule shall establish minimum
	standards for handgun proficiency that are at least as stringent as
	the standards for handgun proficiency developed by the public
	safety director under Section 411.188, Government Code.
	SECTION 4.53.  Section 1702.168, Occupations Code, is
	amended to read as follows:
	Sec. 1702.168.  FIREARM REQUIREMENTS. (a) In addition to
	the requirements of Section 1702.163(a), the board [commission] by
	rule shall establish other qualifications for individuals who are
	employed in positions requiring the carrying of firearms. The
	qualifications may include:
	(1)  physical and mental standards;
	(2)  standards of good moral character; and
	(3)  other requirements that relate to the competency
	and reliability of individuals to carry firearms.
	(b)  The board [commission] shall prescribe appropriate
	forms and adopt rules by which evidence is presented that the
	requirements are fulfilled.
	SECTION 4.54.  Sections 1702.1685(b) and (d), Occupations
	Code, are amended to read as follows:
	(b)  Only a board-approved [commission-approved] instructor
	may administer the handgun proficiency examination.
	(d)  The school shall maintain the records of the required
	proficiency and make the records available for inspection by the
	board [commission].
	SECTION 4.55.  Section 1702.171, Occupations Code, is
	amended to read as follows:
	Sec. 1702.171.  SECURITY OFFICER COMMISSION RECORDS. The
	board [commission] shall adopt rules for the maintenance of records
	relating to an individual to whom the board [commission] has issued
	a security officer commission.
	SECTION 4.56.  Section 1702.183, Occupations Code, is
	amended to read as follows:
	Sec. 1702.183.  APPLICATION FOR LETTER OF AUTHORITY. A
	security department of a private business or of a political
	subdivision that applies for a security officer commission for an
	individual employed by the security department must submit an
	application to the board [commission] for a letter of authority on a
	form provided by the board [commission].
	SECTION 4.57.  The heading to Subchapter I, Chapter 1702,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER I. PERSONAL PROTECTION OFFICER ENDORSEMENT
	[AUTHORIZATION] REQUIREMENTS
	SECTION 4.58.  Section 1702.203, Occupations Code, is
	amended to read as follows:
	Sec. 1702.203.  APPLICATION FOR PERSONAL PROTECTION OFFICER
	ENDORSEMENT [AUTHORIZATION]. An applicant for a personal
	protection officer endorsement [authorization] must submit a
	written application on a form prescribed by the board [commission].
	SECTION 4.59.  Section 1702.204, Occupations Code, is
	amended to read as follows:
	Sec. 1702.204.  PERSONAL PROTECTION OFFICER ENDORSEMENT
	[AUTHORIZATION]; QUALIFICATIONS. (a) An applicant for a personal
	protection officer endorsement [authorization] must be at least 21
	years of age and must provide:
	(1)  a certificate of completion of the basic security
	officer training course;
	(2)  proof that the applicant:
	(A)  has been issued a security officer
	commission;
	(B)  is employed at the time of application by an
	investigations company or guard company licensed by the board
	[commission]; and
	(C)  has completed the required training in
	nonlethal self-defense or defense of a third person; and
	(3)  proof of completion and the results of the
	Minnesota Multiphasic Personality Inventory psychological testing.
	(b)  The board [commission] by rule shall require an
	applicant for a personal protection officer endorsement
	[authorization] to complete the Minnesota Multiphasic Personality
	Inventory test. The board [commission] may use the results of the
	test to evaluate the applicant's psychological fitness.
	SECTION 4.60.  Section 1702.205(a), Occupations Code, is
	amended to read as follows:
	(a)  The board [commission] shall establish a 15-hour course
	for a personal protection officer consisting of training in
	nonlethal self-defense or defense of a third person.
	SECTION 4.61.  Section 1702.221, Occupations Code, is
	amended to read as follows:
	Sec. 1702.221.  REGISTRATION AND ENDORSEMENT REQUIRED. (a)
	To perform any activity regulated by this chapter, the individual
	must:
	(1)  register in accordance with the requirements of
	this chapter and related administrative rules;
	(2)  obtain the proper endorsement under Subsection
	(b); and
	(3)  be employed by a company licensed under this
	chapter.
	(b)  An individual must obtain the appropriate endorsement
	[register] in accordance with the requirements of this chapter and
	related administrative rules if the individual:
	(1)  is employed as:
	(A)  an alarm instructor;
	(B)  an alarm systems installer;
	(C)  an [,] alarm systems monitor;
	(D)  an [,] electronic access control device
	installer;
	(E)  a level 3 classroom or firearm instructor;
	(F)  a [,] locksmith;
	(G)  a [,] dog trainer;
	(H)  a [,] manager or branch office manager;
	(I)  a [,] noncommissioned security officer;
	(J)  a level 4 personal protection instructor;
	(K)  a [,] private investigator;
	(L)  a [,] private security consultant;
	(M)  a [, or] security salesperson; or
	(N)  an individual whose duties include
	performing another activity for which an endorsement is required
	under Subsection (e); or
	(2)  is an owner who oversees the security-related
	aspects of the business, officer, partner, or shareholder of a
	license holder.
	(c) [(b)]  Registration and endorsement under this chapter
	does not preclude an individual from performing additional duties
	or services authorized by the individual's employer that are not
	regulated by this chapter. An individual who performs more than one
	of the services that require an endorsement under this section must
	obtain an endorsement for each service.
	(d)  In addition to the services listed in Subsection (b), a
	person holding a security officer commission must also obtain an
	endorsement for personal protection if the individual performs the
	services described by Section 1702.202.
	(e)  The board by rule may require a person to hold an
	endorsement for performing other activity expressly regulated by
	this chapter.
	SECTION 4.62.  Section 1702.2226(b), Occupations Code, is
	amended to read as follows:
	(b)  A person registered as an electronic access control
	device installer may not install alarm systems unless the person
	holds an endorsement [is registered] under this chapter as an alarm
	systems installer.
	SECTION 4.63.  The heading to Subchapter J, Chapter 1702,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER J. REGISTRATION AND ENDORSEMENT REQUIREMENTS;
	[REGISTRANT] DUTIES OF REGISTRANT AND ENDORSEMENT HOLDER
	SECTION 4.64.  Section 1702.228, Occupations Code, is
	amended to read as follows:
	Sec. 1702.228.  EMPLOYEE OF LICENSE HOLDER; REGISTRATION
	PERMITTED. An employee of a license holder who is employed in a
	capacity that is not subject to mandatory registration under this
	subchapter may register with the board [commission].
	SECTION 4.65.  The heading to Section 1702.230, Occupations
	Code, is amended to read as follows:
	Sec. 1702.230.  APPLICATION FOR REGISTRATION OR
	ENDORSEMENT.
	SECTION 4.66.  Section 1702.230(a), Occupations Code, is
	amended to read as follows:
	(a)  An application for registration or endorsement 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
	and, if applicable, the applicant's consulting firm;
	(4)  the date the employment commenced;
	(5)  a letter from the license holder requesting that
	the applicant be registered or endorsed;
	(6)  the title of the position occupied by the
	applicant and a description of the applicant's duties; and
	(7)  any other information, evidence, statement, or
	document required by the board [commission].
	SECTION 4.67.  Section 1702.2305, Occupations Code, is
	amended to read as follows:
	Sec. 1702.2305.  PROVISIONAL REGISTRATION. (a)  The board
	[commission] may issue a provisional registration to an applicant
	currently registered in another jurisdiction who seeks an
	equivalent registration in this state and who:
	(1)  has been registered in good standing in the field
	in which the registration is sought for at least two years in
	another jurisdiction, including a foreign country, that has
	registration requirements substantially equivalent to the
	requirements of this chapter;
	(2)  has passed a national or other examination
	recognized by the board [commission] relating to practice in the
	field in which the registration is sought; and
	(3)  is employed by a person licensed by the board
	[commission] under this chapter with whom the provisional
	registration holder will practice during the time the person holds
	a provisional registration.
	(b)  A provisional registration is valid until the date the
	board [commission] approves or denies the provisional registration
	holder's application for a registration. The board [commission]
	shall issue a registration under this chapter to the provisional
	registration holder if the provisional registration holder is
	eligible to be registered under this chapter.
	(c)  The board [commission] must approve or deny a
	provisional registration holder's application for a registration
	not later than the 180th day after the date the provisional
	registration is issued. The board [commission] may extend the
	180-day period if the results of an examination have not been
	received by the board [commission] before the end of that period.
	(d)  The board [commission] may establish a fee for
	provisional registration in an amount reasonable and necessary to
	cover the cost of issuing the registration.
	SECTION 4.68.  Section 1702.232, Occupations Code, is
	amended to read as follows:
	Sec. 1702.232.  POCKET CARDS. (a) The board [commission]
	shall issue a pocket card for each registrant under this chapter. A
	pocket card for an owner, officer, partner, or shareholder of a
	license holder shall be issued to the license holder.
	(b)  The board [commission] shall determine the size,
	design, and content of the pocket card.
	(c)  The pocket card must:
	(1)  state the name of the registrant;
	(2)  contain a color photograph, affixed to the pocket
	card by the board at the time the card is issued, and the signature
	of the registrant; [and]
	(3)  state the date the card was issued and the card's
	expiration date; and
	(4)  state each endorsement held by the registrant and
	the date the endorsement expires.
	SECTION 4.69.  Section 1702.234, Occupations Code, is
	amended to read as follows:
	Sec. 1702.234.  REGISTRATION AND ENDORSEMENT TRANSFER. A
	registrant may transfer the registrant's registration and
	endorsements from one employer to another employer if, not later
	than the 14th day after the date the registrant begins the new
	employment, the new employer notifies the board [commission] of the
	transfer of employment on a form prescribed by the board
	[commission] accompanied by payment of the employee information
	update fee.
	SECTION 4.70.  Section 1702.235, Occupations Code, is
	amended to read as follows:
	Sec. 1702.235.  PREEMPLOYMENT CHECK FOR NONCOMMISSIONED
	SECURITY OFFICERS. A person may not hire a noncommissioned
	security officer unless the person conducts a preemployment check
	as required by board [commission] rule.
	SECTION 4.71.  Section 1702.236, Occupations Code, is
	amended to read as follows:
	Sec. 1702.236.  EXAMINATION AND TRAINING REQUIREMENTS FOR
	ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS. (a)  The board
	[commission] shall require an individual who applies for an
	endorsement [registration] as an electronic access control device
	installer to pass an examination given by the board [commission] or
	a person approved by the board [commission]. The examination must
	cover material related to access control.
	(b) [(c)]  On and after September 1, 2005, the board
	[commission] by rule may allow an electronic access control device
	installer to obtain or renew an endorsement [a certificate of
	registration] by fulfilling the requirements of a board-approved
	[commission-approved], industry-based educational training
	program.
	SECTION 4.72.  Sections 1702.239(a), (b), and (d),
	Occupations Code, are amended to read as follows:
	(a)  The board [commission] may require that an individual
	employed as an alarm systems installer or security salesperson hold
	a certification by a board-approved [commission-approved] training
	program to renew an endorsement [an initial registration]. The
	board [commission] may approve only nationally recognized training
	programs that consist of at least 16 hours of classroom study in the
	areas of work allowed by the endorsement [registration]. To be
	approved, a training program must offer at least two certification
	programs each year, sufficient to complete the requirements of this
	subsection, within 100 miles of each county in the state that has a
	population of more than 500,000.
	(b)  The board [commission] may require an individual who has
	completed a training program under Subsection (a) to pass an
	examination given by the board [commission] or by a person approved
	by the board [commission]. The board [commission] may approve
	examinations in conjunction with training programs approved under
	Subsection (a). The individual's performance on the examination
	must demonstrate the individual's qualifications to perform the
	duties allowed by the individual's endorsement [registration].
	(d)  If the board [commission] requires certification or
	examination under this section, the board [commission] shall
	implement rules to require that to renew an endorsement [a
	registration], an individual who is employed as an alarm systems
	installer or a security salesperson and who has already once
	renewed the endorsement [registration] must obtain continuing
	education credits related to the line of work for which the
	individual is licensed. If the board [commission] requires the
	continuing education, the chief administrator [director] must
	approve classes offered by nationally recognized organizations,
	and participants in the classes must qualify according to board
	[commission] rules.
	SECTION 4.73.  Section 1702.240(b), Occupations Code, is
	amended to read as follows:
	(b)  An employee of a license holder who is employed
	exclusively as an undercover agent is not required to register with
	the board [commission].
	SECTION 4.74.  Subchapter J, Chapter 1702, Occupations Code,
	is amended by adding Section 1702.241 to read as follows:
	Sec. 1702.241.  JURISPRUDENCE EXAMINATION. (a) The board
	may develop and administer at least twice each calendar year a
	jurisprudence examination to determine the knowledge that an
	applicant for an endorsement has of this chapter, board rules, and
	any other applicable laws of this state affecting the applicant's
	activities regulated under this chapter.
	(b)  Before the board may administer a jurisprudence
	examination under this section, the board shall adopt rules to
	implement this section, including rules related to the development
	and administration of the examination, examination fees,
	guidelines for reexamination, grading the examination, and
	providing notice of examination results. The board may design
	different examinations for different types of endorsements.
	SECTION 4.75.  Sections 1702.282(c) and (e), Occupations
	Code, are amended to read as follows:
	(c)  A license, registration, security officer commission,
	letter of approval, permit, endorsement, or certification issued by
	the board is conditional on the board's receipt of criminal history
	record information.
	(e)  On receipt of notice that a check of the applicant's
	criminal record has uncovered an unresolved and potentially
	disqualifying arrest that occurred before the 10th anniversary of
	the date the application is filed, the applicant must provide a
	letter of reference from the county sheriff, prosecuting attorney,
	or judge of the county in which the applicant was arrested stating
	that a record of a disposition related to the arrest does not exist,
	and to the best of the county sheriff's, prosecuting attorney's, or
	judge's knowledge the applicant is free of any disqualifying
	convictions. If the applicant fails to provide either the letter of
	reference or documentary proof of the final disposition of the
	arrest, the application is considered incomplete and the applicant
	may not be issued a license, commission, endorsement, or
	certificate of registration under this chapter.
	SECTION 4.76.  Section 1702.283, Occupations Code, is
	amended to read as follows:
	Sec. 1702.283.  CRUELTY TO ANIMALS.  A person who has been
	convicted of cruelty to animals under Section 42.09 or 42.092,
	Penal Code:
	(1)  is ineligible for a license as a guard dog company
	or for endorsement [registration] as a dog trainer; and
	(2)  may not be employed to work with dogs as a security
	officer by a security services contractor or security department of
	a private business that uses dogs to protect individuals or
	property or to conduct investigations.
	SECTION 4.77.  Section 1702.285, Occupations Code, is
	amended to read as follows:
	Sec. 1702.285.  FALSE REPRESENTATION. A person may not
	represent falsely that the person:
	(1)  is employed by a license holder; or
	(2)  is licensed, registered, endorsed, or
	commissioned under this chapter.
	SECTION 4.78.  Sections 1702.301(c), (d), (e), (f), (g), and
	(h), Occupations Code, are amended to read as follows:
	(c)  A personal protection officer endorsement
	[authorization] expires on the expiration date of the security
	officer commission under which the individual's endorsement
	[authorization] is issued.
	(d)  Endorsement [Registration] as a private investigator,
	manager, branch office manager, alarm systems installer, security
	consultant, security salesperson, alarm systems monitor, or dog
	trainer expires on the second anniversary of the date of
	endorsement [registration].
	(e)  Endorsement [Registration] as an owner, officer,
	partner, or shareholder of a license holder expires on the second
	anniversary of the date of endorsement [registration].
	(f)  Endorsement [Registration] as a noncommissioned
	security officer expires on the second anniversary of the date of
	endorsement [registration].
	(g)  A letter of authority, or a school approval or school
	instructor approval letter issued by the board [commission],
	expires on the first anniversary of the date of issuance.
	(h)  A license, [or] registration, or endorsement issued
	under this chapter, other than one specified in this section,
	expires on the date specified by this chapter or by board
	[commission] rule.
	SECTION 4.79.  Section 1702.302, Occupations Code, is
	amended to read as follows:
	Sec. 1702.302.  LICENSE RENEWAL. (a)  A person who is
	otherwise eligible to renew a license may renew an unexpired
	license by paying the required renewal fee to the board
	[commission] before the expiration date of the license. A person
	whose license has expired may not engage in activities that require
	a license until the license has been renewed.
	(b)  A person whose license has been expired for 90 days or
	less may renew the license by paying to the board [commission] a
	renewal fee that is equal to 1-1/2 times the normally required
	renewal fee.
	(c)  A person whose license has been expired for longer than
	90 days but less than one year may renew the license by paying to the
	board [commission] a renewal fee that is equal to two times the
	normally required renewal fee.
	(d)  A person whose license has been expired for one year or
	more may not renew the license. The person may obtain a new license
	by complying with the requirements and procedures, including the
	examination requirements, for obtaining an original license.
	(e)  Not later than the 30th day before the date a person's
	license is scheduled to expire, the board [commission] shall send
	written notice of the impending expiration to the person at the
	person's last known address according to the board's [commission's]
	records.
	SECTION 4.80.  Section 1702.303, Occupations Code, is
	amended to read as follows:
	Sec. 1702.303.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
	PRACTITIONER. A person who was licensed in this state, moved to
	another state, and is currently licensed and has been in practice in
	the other state for the two years preceding the date the person
	applies for renewal may obtain a new license without reexamination.
	The person must pay to the board [commission] a fee that is equal to
	two times the normally required renewal fee for the license.
	SECTION 4.81.  Section 1702.304, Occupations Code, is
	amended to read as follows:
	Sec. 1702.304.  STAGGERED RENEWAL; PRORATION OF LICENSE FEE.
	The board [commission] by rule may adopt a system under which
	licenses expire on various dates during the year. For the year in
	which the expiration date of a license is changed, the board
	[commission] shall prorate license fees on a monthly basis so that
	each license holder pays only that portion of the license fee that
	is allocable to the number of months during which the license is
	valid. On renewal of the license on the new expiration date, the
	total license renewal fee is payable.
	SECTION 4.82.  Section 1702.307, Occupations Code, is
	amended to read as follows:
	Sec. 1702.307.  REGISTRATION RENEWAL. (a)  An individual
	who is otherwise eligible to renew a registration may renew an
	unexpired registration by paying the required renewal fee to the
	board [commission] before the expiration date of the registration.
	An individual whose registration has expired may not engage in
	activities that require a registration until the registration has
	been renewed.
	(b)  An individual whose registration has been expired for 90
	days or less may renew the registration by paying to the board
	[commission] a renewal fee that is equal to 1-1/2 times the normally
	required renewal fee.
	(c)  An individual whose registration has been expired for
	more than 90 days but less than one year may renew the registration
	by paying to the board [commission] a renewal fee that is equal to
	two times the normally required renewal fee.
	(d)  An individual whose registration has been expired for
	one year or more may not renew the registration. The individual may
	obtain a new registration by complying with the requirements and
	procedures, including any examination required by the board
	[commission], for obtaining an original registration.
	(e)  An individual who was registered in this state, moved to
	another state, and is currently registered and has been in practice
	in the other state for the two years preceding the date of
	application may obtain a new registration without reexamination.
	The individual must pay to the board [commission] a fee that is
	equal to two times the normally required renewal fee for the
	registration.
	(f)  Not later than the 30th day before the expiration date
	of an individual's registration, the board [commission] shall send
	written notice of the impending expiration to the individual at the
	individual's last known address according to board [commission]
	records.
	SECTION 4.83.  Sections 1702.308(b) and (c), Occupations
	Code, are amended to read as follows:
	(b)  The board [commission] shall recognize, prepare, or
	administer continuing education programs for license holders,
	commissioned security officers, and endorsement holders
	[registrants]. The board [commission] shall set the minimum number
	of hours that must be completed and the types of programs that may
	be offered.
	(c)  A license holder, commissioned security officer, or
	endorsement holder [registrant] must participate in the programs to
	the extent required by the board [commission] to keep the person's
	license, commission, or endorsement [registration]. A license
	holder, commissioned security officer, or endorsement holder
	[registrant] shall submit evidence of compliance with the board's
	[commission's] continuing education requirements in a manner
	prescribed by the board [commission].
	SECTION 4.84.  Section 1702.309(a), Occupations Code, is
	amended to read as follows:
	(a)  The board [commission] by rule shall develop a
	continuing education course required for renewal of a security
	officer commission. Only a board-approved [commission-approved]
	instructor may administer the continuing education course. The
	course must include at least six hours of instruction determined by
	the chief administrator [director] of the board [commission].
	SECTION 4.85.  Sections 1702.321(b), (c), and (e),
	Occupations Code, are amended to read as follows:
	(b)  The provisions of this chapter relating to security
	officer commissions apply to a person employed by a political
	subdivision whose duties include serving as a security guard,
	security watchman, or security patrolman on property owned or
	operated by the political subdivision if the governing body of the
	political subdivision files a written request with the board
	[commission] for the board [commission] to issue a commission to
	the political subdivision's employees with those duties.
	(c)  The board [commission] may not charge a fee for issuing
	a commission to an officer under Subsection (b). The board
	[commission] shall issue to the officer a pocket card designating
	the political subdivision that employs the officer.
	(e)  The board [commission] may approve a security officer
	training program conducted by the political subdivision in
	accordance with Sections 1702.1675 and 1702.168.
	SECTION 4.86.  Section 1702.324(b), Occupations Code, is
	amended to read as follows:
	(b)  This chapter does not apply to:
	(1)  a manufacturer or a manufacturer's authorized
	distributor while selling equipment intended for resale;
	(2)  a person engaged exclusively in the business of
	obtaining and providing information to:
	(A)  determine creditworthiness;
	(B)  collect debts; or
	(C)  ascertain the reliability of information
	provided by an applicant for property, life, or disability
	insurance or an indemnity or surety bond;
	(3)  a person engaged exclusively in the business of
	repossessing property that is secured by a mortgage or other
	security interest;
	(4)  a person who  is engaged in the business of
	psychological testing or other testing and interviewing services,
	including services to determine attitudes, honesty, intelligence,
	personality, and skills, for preemployment purposes;
	(5)  a person who:
	(A)  is engaged in obtaining information that is a
	public record under Chapter 552, Government Code, regardless of
	whether the person receives compensation;
	(B)  is not a full-time employee, as defined by
	Section 61.001, Labor Code, of a person licensed under this
	chapter; and
	(C)  does not perform any other act that requires
	a license under this chapter;
	(6)  a licensed engineer practicing engineering or
	directly supervising engineering practice under Chapter 1001,
	including forensic analysis, burglar alarm system engineering, and
	necessary data collection;
	(7)  an employee of a cattle association who inspects
	livestock brands under the authority granted to the cattle
	association by the Grain Inspection, Packers and Stockyards
	Administration of the United States Department of Agriculture;
	(8)  a landman performing activities in the course and
	scope of the landman's business;
	(9)  an attorney while engaged in the practice of law;
	(10)  a person who obtains a document for use in
	litigation under an authorization or subpoena issued for a written
	or oral deposition;
	(11)  an admitted insurer, insurance adjuster, agent,
	or insurance broker licensed by the state, performing duties in
	connection with insurance transacted by that person;
	(12)  a person who on the person's own property or on
	property owned or managed by the person's employer:
	(A)  installs, changes, or repairs a mechanical
	security device;
	(B)  repairs an electronic security device; or
	(C)  cuts or makes a key for a security device;
	(13)  security personnel, including security contract
	personnel, working at a commercial nuclear power plant licensed by
	the United States Nuclear Regulatory Commission;
	(14)  a person or firm licensed as an accountant or
	accounting firm under Chapter 901, an owner of an accounting firm,
	or an employee of an accountant or accounting firm while performing
	services regulated under Chapter 901; [or]
	(15)  a retailer, wholesaler, or other person who sells
	mechanical security devices, including locks and deadbolts, but who
	does not:
	(A)  service mechanical security devices for the
	public outside of the person's premises; or
	(B)  claim to act as a locksmith; or
	(16)  an employee while performing investigative
	services that would otherwise be subject to this chapter for an
	entity regulated by the:
	(A)  Texas Department of Insurance;
	(B)  Office of Thrift Supervision;
	(C)  Securities and Exchange Commission;
	(D)  Federal Deposit Insurance Corporation;
	(E)  National Association of Securities Dealers;
	or
	(F)  Financial Industry Regulatory Authority.
	SECTION 4.87.  Section 1702.361(b), Occupations Code, is
	amended to read as follows:
	(b)  The department shall take disciplinary action described
	by Subsection (a) on proof:
	(1)  that the applicant, license holder, registrant,
	endorsement holder, or commissioned security officer has:
	(A)  violated this chapter or a rule adopted under
	this chapter;
	(B)  become ineligible for licensure, [or]
	registration, or endorsement under Section 1702.113, or a
	commission under Section 1702.163, if applicable, other than an
	action for which the department has taken summary action under
	Section 1702.364;
	(C)  engaged in fraud, deceit, or
	misrepresentation;
	(D)  made a material misstatement in an
	application for or renewal of a license, registration, endorsement,
	or commission; [or]
	(E)  failed to pay in full an administrative
	penalty assessed under Subchapter Q, for which the board has issued
	a final order; or
	(F)  performed any service for which an
	endorsement is required under this chapter and either:
	(i)  was not employed with a company
	licensed under this chapter at the time the service was performed;
	or
	(ii)  performed the service for a company
	licensed under this chapter that was not listed on the individual's
	registration without informing the board of the individual's
	employment with the company within a reasonable period; or
	(2)  that the license holder of a registrant or
	commissioned security officer has submitted to the department
	sufficient evidence that the registrant or commissioned security
	officer:
	(A)  engaged in fraud or deceit while employed by
	the license holder; or
	(B)  committed theft while performing work as a
	registrant or commissioned security officer.
	SECTION 4.88.  Section 1702.362, Occupations Code, is
	amended to read as follows:
	Sec. 1702.362.  FAILURE TO FILE REQUIRED NOTICE. The board
	[commission] may suspend or revoke a license if the license holder
	fails to notify the board [commission] as required by Section
	1702.121 that a manager has ceased to be the manager of the license
	holder.
	SECTION 4.89.  Section 1702.363, Occupations Code, is
	amended to read as follows:
	Sec. 1702.363.  APPLICATION OF ADMINISTRATIVE PROCEDURE
	ACT. Except as provided by Sections 1702.3615(b) and 1702.364, a
	person regulated under this chapter against whom the board
	[commission] has taken action is entitled to a hearing before the
	State Office of Administrative Hearings. A proceeding under this
	section is a contested case that is governed by Chapter 2001,
	Government Code.
	SECTION 4.90.  Sections 1702.364(a), (d), (f), and (h),
	Occupations Code, are amended to read as follows:
	(a)  On receiving written notice from a law enforcement
	agency that a person has been charged with or convicted of an
	offense that would make the person ineligible for a license,
	certificate of registration, endorsement, or security officer
	commission under Section 1702.113 or 1702.163, the department
	shall:
	(1)  summarily deny the person's application for a
	license, registration, endorsement, or security officer
	commission;
	(2)  in the event of pending charges, summarily suspend
	the person's license, certificate of registration, endorsement, or
	security officer commission; or
	(3)  in the event of a conviction, summarily revoke the
	person's license, certificate of registration, endorsement, or
	security officer commission.
	(d)  At a preliminary hearing, the person must show cause
	why:
	(1)  the application should not have been denied;
	(2)  the registration, license, endorsement, or
	security officer commission should not have been suspended; or
	(3)  the registration, license, endorsement, or
	commission should not have been revoked.
	(f)  The dismissal of a complaint, information, or
	indictment or an acquittal releases the person from automatic
	grounds for a summary denial of an application or summary
	suspension of a registration, endorsement, or security officer
	commission under this section. A conviction for the offense giving
	rise to a summary suspension is automatic grounds for immediate,
	summary revocation.
	(h)  The administrative law judge shall make findings of fact
	and conclusions of law regarding the person's eligibility for a
	license, registration, or endorsement under this section and
	promptly issue to the board a proposal for a decision.
	SECTION 4.91.  Section 1702.365, Occupations Code, is
	amended to read as follows:
	Sec. 1702.365.  ABDUCTION OF CHILD. The board [commission]
	shall revoke a person's license, registration, endorsement, or
	security officer commission or deny a person's application for, or
	renewal of, a license, registration, endorsement, or security
	officer commission on proof that the person or an agent of the
	person has, after the date of application for a license,
	registration, endorsement, or security officer commission,
	abducted or attempted to abduct by force or the threat of force or
	by misrepresentation, stealth, or unlawful entry a child who at the
	time of the abduction or attempt is under the care and control of a
	person who:
	(1)  has custody or physical possession of the child
	under a court order; or
	(2)  is exercising the care and control with the
	consent of a person who has custody or physical possession of the
	child under a court order.
	SECTION 4.92.  Sections 1702.367(c), (d), and (e),
	Occupations Code, are amended to read as follows:
	(c)  A person required to testify or to produce a record or
	document on any matter properly under inquiry by the board
	[commission] who refuses to testify or to produce the record or
	document on the ground that the testimony or the production of the
	record or document would incriminate or tend to incriminate the
	person is nonetheless required to testify or to produce the record
	or document. A person who is required to testify or to produce a
	record or document under this subsection is not subject to
	indictment or prosecution for a transaction, matter, or thing
	concerning which the person truthfully testifies or produces
	evidence.
	(d)  If a witness refuses to obey a subpoena or to give
	evidence relevant to proper inquiry by the board [commission], the
	board [commission] may petition a district court of the county in
	which the hearing is held to compel the witness to obey the subpoena
	or to give the evidence. The court shall immediately issue process
	to the witness and shall hold a hearing on the petition as soon as
	possible.
	(e)  An investigator employed by the board [commission] may
	take statements under oath in an investigation of a matter covered
	by this chapter.
	SECTION 4.93.  Section 1702.368, Occupations Code, is
	amended to read as follows:
	Sec. 1702.368.  NOTIFICATION OF CONVICTION FOR CERTAIN
	OFFENSES. The department [Texas Department of Public Safety] shall
	notify the board [commission] and the police department of the
	municipality and the sheriff's department of the county in which a
	person licensed, registered, or commissioned under this chapter
	resides of the conviction of the person for a Class B misdemeanor or
	equivalent offense or a greater offense.
	SECTION 4.94.  Subchapter O, Chapter 1702, Occupations Code,
	is amended by adding Section 1702.372 to read as follows:
	Sec. 1702.372.  RECUSAL OF BOARD MEMBER. (a) A board member
	who participated in the investigation of a complaint or in informal
	settlement negotiations regarding the complaint:
	(1)  may not vote on the matter at a board meeting
	related to the complaint; and
	(2)  shall state at the meeting the reason for which the
	member is prohibited from voting on the matter.
	(b)  A statement under Subsection (a)(2) shall be entered
	into the minutes of the meeting.
	SECTION 4.95.  Section 1702.381(b), Occupations Code, is
	amended to read as follows:
	(b)  A person who contracts with or employs a person who is
	required to hold a license, [certificate of] registration,
	endorsement, or security officer commission under this chapter
	knowing that the person does not hold the required license,
	registration, endorsement [certificate], or commission or who
	otherwise, at the time of contract or employment, is in violation of
	this chapter may be assessed a civil penalty to be paid to the state
	in an amount not to exceed $10,000 for each violation.
	SECTION 4.96.  Section 1702.386(a), Occupations Code, is
	amended to read as follows:
	(a)  A person commits an offense if the person contracts with
	or employs a person who is required to hold a license, registration,
	endorsement [certificate], or commission under this chapter
	knowing that the person does not hold the required license,
	registration, endorsement [certificate], or commission or who
	otherwise, at the time of contract or employment, is in violation of
	this chapter.
	SECTION 4.97.  Section 1702.3863(a), Occupations Code, is
	amended to read as follows:
	(a)  A person commits an offense if the person contracts with
	or is employed by a bail bond surety as defined by Chapter 1704 to
	secure the appearance of a person who has violated Section 38.10,
	Penal Code, unless the person is:
	(1)  a peace officer;
	(2)  an individual endorsed or licensed as a private
	investigator or the manager of a licensed investigations company;
	or
	(3)  a commissioned security officer employed by a
	licensed guard company.
	SECTION 4.98.  Section 1702.387(a), Occupations Code, is
	amended to read as follows:
	(a)  A person commits an offense if the person fails to
	surrender or immediately return to the board [commission] the
	person's registration, commission, pocket card, or other
	identification issued to the person by the board [commission] on
	notification of a summary suspension or summary denial under
	Section 1702.364.
	SECTION 4.99.  Section 1702.388(b), Occupations Code, is
	amended to read as follows:
	(b)  An offense under this section is a Class A misdemeanor,
	except that the offense is a felony of the third degree if the
	person has previously been convicted under this chapter of failing
	to hold a license, registration, endorsement, certificate, or
	commission that the person is required to hold under this chapter.
	SECTION 4.100.  Section 1702.402, Occupations Code, is
	amended by amending Subsection (a) and adding Subsection (c) to
	read as follows:
	(a)  Each day a violation continues or occurs is a separate
	violation for purposes of imposing a penalty. The amount of each
	separate violation may not exceed $5,000 [$500].
	(c)  The board by rule shall develop a standardized penalty
	schedule based on the criteria listed in Subsection (b).
	SECTION 4.101.  Section 1702.406(b), Occupations Code, is
	amended to read as follows:
	(b)  The notice of the board's order given to the person must
	include a statement of the right of the person to judicial review of
	the order. Judicial review is under the substantial evidence rule
	as provided by Subchapter G, Chapter 2001, Government Code.
	SECTION 4.102.  The following provisions of the Occupations
	Code are repealed:
	(1)  Section 1702.002(4);
	(2)  Section 1702.003;
	(3)  Section 1702.045;
	(4)  Section 1702.046;
	(5)  Section 1702.065;
	(6)  Section 1702.069;
	(7)  Section 1702.113(e);
	(8)  Section 1702.364(j); and
	(9)  Subchapter K.
	SECTION 4.103.  (a) Not later than January 1, 2010, the
	Texas Private Security Board and the Department of Public Safety
	shall adopt the rules required by or under Section 1702.062,
	Occupations Code, as amended by this article. The fee schedule in
	effect under Section 1702.062, Occupations Code, before the
	effective date of this article is continued in effect until new fees
	are adopted under Section 1702.062, Occupations Code, as amended by
	this article.
	(b)  The requirement to pass a jurisprudence examination
	under Section 1702.241, Occupations Code, as added by this article,
	applies only to an individual who applies for a registration or
	endorsement under Chapter 1702, Occupations Code, on or after the
	date specified by the Texas Private Security Board in the event the
	board begins requiring applicants to pass a jurisprudence
	examination, but not earlier than September 1, 2010.
	(c)  The changes in law made by this article related to the
	filing, investigation, or resolution of a complaint under Chapter
	1702, Occupations Code, as amended by this article, apply only to a
	complaint filed with the Texas Private Security Board on or after
	the effective date of this article. A complaint filed before the
	effective date of this article is governed by the law as it existed
	immediately before that date, and the former law is continued in
	effect for that purpose.
	(d)  The changes in law made by this article governing the
	authority of the Texas Private Security Board and the Department of
	Public Safety to issue, renew, or revoke a license, registration,
	endorsement, or commission under Chapter 1702, Occupations Code,
	apply only to an application for an original or renewal license,
	registration, endorsement, or commission filed with the Texas
	Private Security Board under Chapter 1702, Occupations Code, as
	amended by this article, on or after the effective date of this
	article. An application filed before the effective date of this
	article is governed by the law in effect at the time the application
	was filed, and the former law is continued in effect for that
	purpose.
	(e)  The change in law made by this article with respect to
	conduct that is grounds for imposition of a disciplinary sanction
	applies only to conduct that occurs on or after the effective date
	of this article. Conduct that occurs before the effective date of
	this article is governed by the law in effect on the date the
	conduct occurred, and the former law is continued in effect for that
	purpose.
	(f)  Section 1702.372, Occupations Code, as added by this
	article, applies only to a hearing conducted on or after the
	effective date of this article, regardless of the date on which the
	complaint was filed. A complaint on which a hearing is conducted
	before the effective date of this article is governed by the law in
	effect on the date the hearing was conducted, and the former law is
	continued in effect for that purpose.
	(g)  The holder of a Class D license under Chapter 1702,
	Occupations Code, as amended by this article, shall be considered
	to hold a Class B license on the effective date of this article. On
	the expiration of the Class D license, the license holder may renew
	the license as a Class B license.
	SECTION 4.104.  This article takes effect September 1, 2009.
	ARTICLE 4A [Blank]
	ARTICLE 4B.  REGULATION OF THE BUSINESS OF PRIVATE SECURITY
	SECTION 4B.01.  Section 1702.002, Occupations Code, is
	amended by amending Subdivision (1-a) and adding Subdivisions
	(16-a) and (20-a) to read as follows:
	(1-a)  For purposes of Subdivision (1), the term "alarm
	system" does not include a telephone entry system, an operator for
	opening or closing a residential or commercial gate or door, or an
	accessory used only to activate a gate or door, if the system,
	operator, or accessory is not connected to a computer or data
	processor that records or archives the voice, visual image, or
	identifying information of the user [an alarm system].
	(16-a)  "Personal protection officer" means a person
	who performs the activities described by Section 1702.202.
	(20-a)  "Security officer" means a person who performs
	the activities described by Section 1702.222.
	SECTION 4B.02.  Section 1702.047, Occupations Code, is
	amended to read as follows:
	Sec. 1702.047.  ADMINISTRATIVE STAFF. The department shall
	designate a department employee who shall report directly to the
	board. The employee designated under this section shall provide
	administrative assistance to [assist] the board in the performance
	[administration] of the board's duties. [The salary for an
	employee designated under this section may not exceed the salary
	specified in the General Appropriations Act for an employee subject
	to salary group A10.]
	SECTION 4B.03.  Subsection (e), Section 1702.082,
	Occupations Code, is amended to read as follows:
	(e)  On written request, the department [The commission, at
	least quarterly until final disposition of the complaint,] shall
	inform [notify] the person filing the complaint and each person who
	is a subject of the complaint of the status of the investigation
	unless the information [notice] would jeopardize an ongoing
	[undercover] investigation.
	SECTION 4B.04.  Subchapter A, Chapter 1702, Occupations
	Code, is amended by adding Section 1702.006 to read as follows:
	Sec. 1702.006.  FOREIGN ENTITY REGISTRATION. Licensure
	under this chapter does not exempt a foreign entity from the
	registration requirements of Chapter 9, Business Organizations
	Code.
	SECTION 4B.05.  Subsection (a), Section 1702.1056,
	Occupations Code, is amended to read as follows:
	(a)  A person acts as a locksmith company for the purposes of
	this chapter if the person:
	(1)  sells, installs, services, or maintains, or offers
	to sell, install, service, or maintain, mechanical security
	devices, including deadbolts and locks;
	(2)  advertises services offered by the company using
	the term "locksmith"; or
	(3)  includes the term "locksmith" in the company's
	name.
	SECTION 4B.06.  Section 1702.110, Occupations Code, is
	amended to read as follows:
	Sec. 1702.110.  APPLICATION FOR LICENSE. (a) An
	application for a license under this chapter must be in the form
	prescribed by the board [commission] and include:
	(1)  the full name and business address of the
	applicant;
	(2)  the name under which the applicant intends to do
	business;
	(3)  a statement as to the general nature of the
	business in which the applicant intends to engage;
	(4)  a statement as to the classification for which the
	applicant requests qualification;
	(5)  if the applicant is an entity other than an
	individual, the full name and residence address of each partner,
	officer who oversees the security-related aspects of the business,
	and director of the applicant, and of the applicant's manager;
	(6)  if the applicant is an individual, two
	classifiable sets of fingerprints of the applicant or, if the
	applicant is an entity other than an individual, of each officer who
	oversees the security-related aspects of the business and of each
	partner or shareholder who owns at least a 25 percent interest in
	the applicant;
	(7)  a verified statement of the applicant's experience
	qualifications in the particular classification in which the
	applicant is applying;
	(8)  a report from the department [Texas Department of
	Public Safety] stating the applicant's record of any convictions
	for a Class B misdemeanor or equivalent offense or a greater
	offense;
	(9)  the social security number of the individual
	making the application; and
	(10)  other information, evidence, statements, or
	documents required by the board [commission].
	(b)  An applicant for a license as a security services
	contractor shall maintain a physical address within this state and
	provide that address to the board. The board shall adopt rules to
	enable an out-of-state license holder to comply with this
	subsection.
	SECTION 4B.07.  Section 1702.112, Occupations Code, is
	amended to read as follows:
	Sec. 1702.112.  FORM OF LICENSE. The board [commission]
	shall prescribe the form of a license, including a branch office
	license. The license must include:
	(1)  the name of the license holder;
	(2)  the name under which the license holder is to
	operate; [and]
	(3)  the license number and the date the license was
	issued; and
	(4)  a photograph of the license holder, affixed to the
	license at the time the license is issued by the board.
	SECTION 4B.08.  Section 1702.121, Occupations Code, is
	amended to read as follows:
	Sec. 1702.121.  TERMINATION OF MANAGER. (a) A license
	holder shall notify the board [commission] in writing not later
	than the 14th day after the date a manager ceases to be manager of
	the license holder's business. The license remains in effect for a
	reasonable period after notice is given as provided by board
	[commission] rule pending the board's [commission's] determination
	of the qualification of another manager under this subchapter.
	(b)  A manager shall be immediately terminated on the
	effective date of any summary action taken against the manager.  Any
	period of temporary operation authorized under this section or
	Section 1702.122 starts on the date of termination.
	SECTION 4B.09.  Section 1702.127, Occupations Code, is
	amended by amending Subsections (b) and (c) and adding Subsection
	(d) to read as follows:
	(b)  A license holder shall maintain a record containing
	information related to the license holder's employees as required
	by the board [commission].
	(c)  A license holder shall maintain for [commission]
	inspection by the department at the license holder's principal
	place of business or branch office two recent color photographs, of
	a type required by the board [commission], of each applicant,
	registrant, commissioned security officer, and employee of the
	license holder.
	(d)  A license holder shall maintain records required under
	this chapter at a physical address within this state and provide
	that address to the board.
	SECTION 4B.10.  Section 1702.163, Occupations Code, is
	amended by adding Subsection (d-1) to read as follows:
	(d-1)  For the purposes of determining eligibility under
	Subsection (b)(2), the department may require the applicant to
	authorize the release to the department of any relevant medical
	records.
	SECTION 4B.11.  Section 1702.201, Occupations Code, is
	amended to read as follows:
	Sec. 1702.201.  PERSONAL PROTECTION OFFICER ENDORSEMENT
	[AUTHORIZATION] REQUIRED. An individual [A commissioned security
	officer] may not act as a personal protection officer unless the
	individual [officer] holds a personal protection officer
	endorsement [authorization].
	SECTION 4B.12.  Section 1702.202, Occupations Code, is
	amended to read as follows:
	Sec. 1702.202.  PERSONAL PROTECTION OFFICER. An individual
	acts as a personal protection officer if the individual, while
	carrying a firearm, [:
	[(1)     has been issued a security officer commission to
	carry a concealed firearm; and
	[(2)]  provides to another [an] individual personal
	protection from bodily harm.
	SECTION 4B.13.  Section 1702.206, Occupations Code, is
	amended to read as follows:
	Sec. 1702.206.  LIMITED AUTHORITY TO CARRY [CONCEALED]
	FIREARMS. (a)  An individual acting as a personal protection
	officer may not carry a [concealed] firearm unless the officer:
	(1)  is either:
	(A)  engaged in the exclusive performance of the
	officer's duties as a personal protection officer for the employer
	under whom the officer's personal protection officer endorsement
	[authorization] is issued; or
	(B)  traveling to or from the officer's place of
	assignment; and
	(2)  carries the officer's security officer commission
	and personal protection officer endorsement [authorization] on the
	officer's person while performing the officer's duties or traveling
	as described by Subdivision (1) and presents the commission and
	endorsement [authorization] on request.
	(b)  An individual who is acting as a personal protection
	officer and is wearing the uniform of a security officer, including
	any uniform or apparel described by Section 1702.323(d), may not
	conceal any firearm the individual is carrying and shall carry the
	firearm in plain view.  An individual who is acting as a personal
	protection officer and is not wearing the uniform of a security
	officer shall conceal the firearm.
	SECTION 4B.14.  Section 1702.230, Occupations Code, is
	amended by amending Subsection (b) and adding Subsection (c) to
	read as follows:
	(b)  The employer of the applicant shall make a reasonable
	attempt to verify the information required under Subsection (a)(1)
	before the earlier of:
	(1)  the date the application is submitted; or
	(2)  the date the applicant begins to perform the
	duties of employment that require registration.
	(c)  An applicant must submit an application that
	substantially meets the requirements of this section before
	employment in a capacity for which registration is required.
	SECTION 4B.15.  Subsection (a), Section 1702.282,
	Occupations Code, is amended to read as follows:
	(a)  The board shall 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, Chapter 411, Government Code, on each
	applicant for a license, registration, security officer
	commission, letter of approval, permit, endorsement, or
	certification.  As part of its criminal history check, the board may
	request that the applicant provide certified copies of relevant
	court documents or other records. The failure to provide the
	requested records within a reasonable time as determined by the
	board may result in the application being considered incomplete.
	An applicant is not eligible for a license, registration,
	commission, letter of approval, permit, endorsement, 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, endorsement,
	or certification. Except as provided by Subsection (d), each
	applicant shall include in the application two complete sets of
	fingerprints on forms prescribed by the board accompanied by the
	fee set by the board.
	SECTION 4B.16.  Section 1702.286, Occupations Code, as added
	by Chapter 1102 (H.B. 2243), Acts of the 79th Legislature, Regular
	Session, 2005, is renumbered as Section 1702.2865, Occupations
	Code, to read as follows:
	Sec. 1702.2865 [1702.286].  CUSTOMER AUTHORIZATION REQUIRED
	FOR CERTAIN LOCKSMITH SERVICES. (a)  A locksmith company or
	locksmith may not perform services for a customer who seeks entry to
	a structure, motor vehicle, or other property unless the customer,
	in the course of the transaction:
	(1)  shows the locksmith company or locksmith a
	government-issued identification; and
	(2)  provides a signed authorization stating that the
	customer owns or is otherwise entitled to legal access to the
	structure, motor vehicle, or other property.
	(b)  A locksmith company or locksmith is exempt from
	Subsection (a) if the locksmith is requested to perform services in
	a case of imminent threat to a person or property.
	SECTION 4B.17.  Section 1702.322, Occupations Code, is
	amended to read as follows:
	Sec. 1702.322.  LAW ENFORCEMENT PERSONNEL. This chapter
	does not apply to:
	(1)  a person who has full-time employment as a peace
	officer and who receives compensation for private employment on an
	individual or an independent contractor basis as a patrolman,
	guard, extra job coordinator, or watchman if the officer:
	(A)  is employed in an employee-employer
	relationship or employed on an individual contractual basis
	directly by the recipient of the services;
	(B)  is not in the employ of another peace
	officer;
	(C)  is not a reserve peace officer; and
	(D)  works as a peace officer on the average of at
	least 32 hours a week, is compensated by the state or a political
	subdivision of the state at least at the minimum wage, and is
	entitled to all employee benefits offered to a peace officer by the
	state or political subdivision;
	(2)  a reserve peace officer while the reserve officer
	is performing guard, patrolman, or watchman duties for a county and
	is being compensated solely by that county;
	(3)  a peace officer acting in an official capacity in
	responding to a burglar alarm or detection device; or
	(4)  a person engaged in the business of electronic
	monitoring of an individual as a condition of that individual's
	community supervision, parole, mandatory supervision, or release
	on bail, if the person does not perform any other service that
	requires a license under this chapter.
	SECTION 4B.18.  Subsection (a), Section 1702.361,
	Occupations Code, is amended to read as follows:
	(a)  The [Subject to the board's final order under the
	hearing provisions of this subchapter, the] department, for conduct
	described by Subsection (b), may:
	(1)  deny an application or revoke, suspend, or refuse
	to renew a license, registration, endorsement, or security officer
	commission;
	(2)  reprimand a license holder, registrant, or
	commissioned security officer; or
	(3)  place on probation a person whose license,
	registration, endorsement, or security officer commission has been
	suspended.
	SECTION 4B.19.  Section 1702.367, Occupations Code, is
	amended by amending Subsection (a) and adding Subsections (f) and
	(g) to read as follows:
	(a)  For an investigation conducted under this chapter, if
	necessary to enforce this chapter or the board's rules, the
	department [commission] may issue an administrative [a] subpoena to
	any person in this state compelling:
	(1)  the production of information or documents; or
	(2)  the attendance and testimony of a witness [compel
	the attendance of a witness or the production of a pertinent record
	or document. The hearings officer may administer oaths and require
	testimony or evidence to be given under oath].
	(f)  A person licensed or otherwise regulated under this
	chapter who fails without good cause to comply with a subpoena
	issued under this section may be subject to suspension of a license
	under Section 1702.361.
	(g)  If a subpoena issued under this section relates to an
	ongoing criminal investigation by the department and the department
	determines that disclosure could significantly impede the
	investigation, the subpoena may provide that the person to whom the
	subpoena is directed may not:
	(1)  disclose that the subpoena has been issued;
	(2)  identify or describe any records requested by the
	subpoena; or
	(3)  disclose whether records have been furnished in
	response to the subpoena.
	SECTION 4B.20.  Subchapter P, Chapter 1702, Occupations
	Code, is amended by adding Section 1702.3835 to read as follows:
	Sec. 1702.3835.  DECEPTIVE TRADE PRACTICE. (a)  A person who
	performs or offers to perform an activity regulated under this
	chapter, but who is not licensed or otherwise authorized under this
	chapter to perform the activity, commits a false, misleading, or
	deceptive act or practice within the meaning of Section 17.46,
	Business & Commerce Code.
	(b)  A public or private right or remedy under Chapter 17,
	Business & Commerce Code, may be used to enforce this chapter.
	SECTION 4B.21.  Subsection (d), Section 46.03, Penal Code,
	is amended to read as follows:
	(d)  It is a defense to prosecution under Subsection (a)(5)
	that the actor possessed a firearm or club while traveling to or
	from the actor's place of assignment or in the actual discharge of
	duties as:
	(1)  a member of the armed forces or national guard;
	(2)  a guard employed by a penal institution; or
	(3)  a security officer commissioned by the Texas
	[Board of Private Investigators and] Private Security Board
	[Agencies] if:
	(A)  the actor is wearing a distinctive uniform;
	and
	(B)  the firearm or club is in plain view; or
	(4) [(5)]  a security officer who holds a personal
	protection authorization under Chapter 1702, Occupations Code,
	provided that the officer is either:
	(A)  wearing the uniform of a security officer,
	including any uniform or apparel described by Section 1702.323(d),
	Occupations Code, and carrying the officer's firearm in plain view;
	or
	(B)  not wearing the uniform of a security officer
	and carrying the officer's firearm in a concealed manner [the
	Private Investigators and Private Security Agencies Act (Article
	4413(29bb), Vernon's Texas Civil Statutes)].
	SECTION 4B.22.  Subsection (b), Section 46.15, Penal Code,
	as amended by Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048
	(H.B. 2101), Acts of the 80th Legislature, Regular Session, 2007,
	is reenacted and amended to read as follows:
	(b)  Section 46.02 does not apply to a person who:
	(1)  is in the actual discharge of official duties as a
	member of the armed forces or state military forces as defined by
	Section 431.001, Government Code, or as a guard employed by a penal
	institution;
	(2)  is traveling;
	(3)  is engaging in lawful hunting, fishing, or other
	sporting activity on the immediate premises where the activity is
	conducted, or is en route between the premises and the actor's
	residence or motor vehicle, if the weapon is a type commonly used in
	the activity;
	(4)  holds a security officer commission issued by the
	Texas Private Security Board, if the person[:
	[(A)]  is engaged in the performance of the
	person's duties as an officer commissioned under Chapter 1702,
	Occupations Code, or is traveling to or from the person's place of
	assignment[;] and
	[(B)]  is [either:
	[(i)]  wearing the officer's uniform and
	carrying the officer's weapon in plain view; [or]
	(5)  acts [(ii)  acting] as a personal protection
	officer and carries [carrying] the person's security officer
	commission and personal protection officer authorization, if the
	person:
	(A)  is engaged in the performance of the person's
	duties as a personal protection officer under Chapter 1702,
	Occupations Code, or is traveling to or from the person's place of
	assignment; and
	(B)  is either:
	(i)  wearing the uniform of a security
	officer, including any uniform or apparel described by Section
	1702.323(d), Occupations Code, and carrying the officer's weapon in
	plain view; or
	(ii)  not wearing the uniform of a security
	officer and carrying the officer's weapon in a concealed manner;
	(6) [(5)]  is carrying a concealed handgun and a valid
	license issued under Subchapter H, Chapter 411, Government Code, to
	carry a concealed handgun of the same category as the handgun the
	person is carrying;
	(7) [(6)]  holds an alcoholic beverage permit or
	license or is an employee of a holder of an alcoholic beverage
	permit or license if the person is supervising the operation of the
	permitted or licensed premises; or
	(8) [(7)]  is a student in a law enforcement class
	engaging in an activity required as part of the class, if the weapon
	is a type commonly used in the activity and the person is:
	(A)  on the immediate premises where the activity
	is conducted; or
	(B)  en route between those premises and the
	person's residence and is carrying the weapon unloaded.
	SECTION 4B.23.  The changes in law made by this article to
	Section 1702.110 and Subsection (a), Section 1702.282, Occupations
	Code, and the change in law made by Article 4 of this Act to
	Subsection (a), Section 1702.221, Occupations Code, apply to an
	application under Chapter 1702, Occupations Code, submitted on or
	after the effective date of this article. An application submitted
	before the effective date of this article is governed by the law in
	effect on the date the application was submitted, and the former law
	is continued in effect for that purpose.
	SECTION 4B.24.  To the extent of any conflict, this article
	prevails over another Act of the 81st Legislature, Regular Session,
	2009, relating to nonsubstantive additions to and corrections in
	enacted codes.
	SECTION 4B.25.  This article takes effect September 1, 2009.
	ARTICLE 5. GENERAL PROVISIONS
	SECTION 5.01.  Section 411.002, Government Code, is amended
	by amending Subsection (c) and adding Subsections (d) and (e) to
	read as follows:
	(c)  The Department of Public Safety of the State of Texas is
	subject to Chapter 325 (Texas Sunset Act). Unless continued in
	existence as provided by that chapter, the department is abolished
	and Subsections (a) and (b) expire September 1, 2015 [2009].
	(d)  Not later than December 1, 2010, the Sunset Advisory
	Commission shall review and prepare a written report for submission
	to the legislature on the department's implementation of:
	(1)  the recommendations in the 2008 audit of the
	department's information technology system; and
	(2)  a civilian business model for the operation of the
	driver's license division that focuses on improving customer
	service by:
	(A)  using best practices in call center
	technology and monitoring customer service calls;
	(B)  expanding operating hours at driver's
	license offices; and
	(C)  decreasing the time the department takes to
	send a replacement driver's license.
	(e)  The Sunset Advisory Commission shall submit the report
	required by Subsection (d) not later than February 15, 2011. This
	subsection and Subsection (d) expire August 31, 2011.
	SECTION 5.02.  Section 411.0035, Government Code, is amended
	to read as follows:
	Sec. 411.0035.  MEMBER AND GENERAL COUNSEL RESTRICTION.  (a)
	In this section, "Texas trade association" means a cooperative and
	voluntarily joined statewide association of business or
	professional competitors in this state designed to assist its
	members and its industry or profession in dealing with mutual
	business or professional problems and in promoting their common
	interest.
	(b)  A person may not be [serve as] a member of the commission
	and may not be a department employee employed in a "bona fide
	executive, administrative, or professional capacity," as that
	phrase is used for purposes of establishing an exemption to the
	overtime provisions of the federal Fair Labor Standards Act of 1938
	(29 U.S.C. Section 201 et seq.), if:
	(1)  the person is an officer, employee, or paid
	consultant of a Texas trade association in the field of law
	enforcement or private security; or
	(2)  the person's spouse is an officer, manager, or paid
	consultant of a Texas trade association in the field of law
	enforcement or private security.
	(c)  A person may not be a member of the commission or act as
	the general counsel to the commission if the person is required to
	register as a lobbyist under Chapter 305 because of the person's
	activities for compensation on behalf of a profession related to
	the operation of the commission.
	SECTION 5.03.  Subchapter A, Chapter 411, Government Code,
	is amended by adding Section 411.0042 to read as follows:
	Sec. 411.0042.  DIVISION OF RESPONSIBILITIES. The
	commission shall develop and implement policies that clearly
	separate the policymaking responsibilities of the commission and
	the management responsibilities of the director and the staff of
	the department.
	SECTION 5.04.  Subchapter A, Chapter 411, Government Code,
	is amended by adding Section 411.0043 to read as follows:
	Sec. 411.0043.  TECHNOLOGY POLICY.  The commission shall
	implement a policy requiring the department to use appropriate
	technological solutions to improve the department's ability to
	perform its functions. The policy must ensure that the public is
	able to interact with the department on the Internet.
	SECTION 5.05.  Subchapter A, Chapter 411, Government Code,
	is amended by adding Section 411.0044 to read as follows:
	Sec. 411.0044.  NEGOTIATED RULEMAKING AND ALTERNATIVE
	DISPUTE RESOLUTION.  (a)  The commission shall develop and
	implement a policy to encourage the use of:
	(1)  negotiated rulemaking procedures under Chapter
	2008 for the adoption of department rules; and
	(2)  appropriate alternative dispute resolution
	procedures under Chapter 2009 to assist in the resolution of
	internal and external disputes under the department's
	jurisdiction.
	(b)  The department's procedures relating to alternative
	dispute resolution must conform, to the extent possible, to any
	model guidelines issued by the State Office of Administrative
	Hearings for the use of alternative dispute resolution by state
	agencies.
	(c)  The commission shall designate a trained person to:
	(1)  coordinate the implementation of the policy
	adopted under Subsection (a);
	(2)  serve as a resource for any training needed to
	implement the procedures for negotiated rulemaking or alternative
	dispute resolution; and
	(3)  collect data concerning the effectiveness of those
	procedures, as implemented by the department.
	SECTION 5.06.  The heading to Section 411.005, Government
	Code, is amended to read as follows:
	Sec. 411.005.  DIRECTOR, DEPUTY DIRECTORS, AND ASSISTANT
	DIRECTORS [DIRECTOR].
	SECTION 5.07.  Section 411.005, Government Code, is amended
	by amending Subsections (a), (b), and (c) to read as follows:
	(a)  The commission shall appoint a citizen of the United
	States [this state] as public safety director. The director serves
	until removed by the commission.
	(b)  The director may appoint, with the advice and consent of
	the commission, deputy directors and assistant directors who shall
	perform the duties that the director designates. Deputy directors
	and [An] assistant directors serve [director serves] until removed
	by the director.
	(c)  The commission shall select the director, and the
	director shall select deputy directors and assistant directors [an
	assistant director], on the basis of the person's training,
	experience, and qualifications for the position.  [The director and
	an assistant director must have five years' experience, preferably
	in police or public administration.] The director, [and an
	assistant director] deputy directors, and assistant directors are
	entitled to annual salaries as provided by the legislature.
	SECTION 5.08.  Section 411.015(b), Government Code, is
	amended to read as follows:
	(b)  [The number of divisions may not exceed the number of
	divisions existing on August 22, 1957.] The division relating to
	the Texas Rangers may not be abolished.
	SECTION 5.09.  Sections 411.0195(a), (b), and (c),
	Government Code, are amended to read as follows:
	(a)  The department shall maintain a system to promptly and
	efficiently act on [prepare information of public interest
	describing the functions of the department and the department's
	procedures by which] complaints [are] filed with [and resolved by]
	the department. The department shall maintain [make the]
	information about parties to the complaint, the subject matter of
	the complaint, a summary of the results of the review or
	investigation of the complaint, and its disposition [available to
	the public and appropriate state agencies].
	(b)  The department shall make information available
	describing its procedures for complaint investigation and
	resolution [director by rule shall establish methods by which
	consumers and service recipients are notified of the name, mailing
	address, and telephone number of the department for the purpose of
	directing complaints to the department].
	(c)  The department shall periodically notify the complaint
	parties of the status of the complaint until final disposition
	[maintain a file on each written complaint filed with the
	department. The file must include:
	[(1)  the name of the person who filed the complaint;
	[(2)     the date the complaint is received by the
	department;
	[(3)  the subject matter of the complaint;
	[(4)     the name of each person contacted in relation to
	the complaint;
	[(5)     a summary of the results of the review or
	investigation of the complaint; and
	[(6)     an explanation of the reason the file was closed,
	if the agency closed the file without taking action other than to
	investigate the complaint].
	SECTION 5.10.  Section 411.188, Government Code, is amended
	by adding Subsection (j) to read as follows:
	(j)  The department may offer online, or allow a qualified
	handgun instructor to offer online, the continuing education
	instruction course and written section of the proficiency
	examination required to renew a license.
	SECTION 5.11.  Section 411.190, Government Code, is amended
	by adding Subsection (d-1) to read as follows:
	(d-1)  The department shall ensure that an applicant may
	renew certification under Subsection (d) from any county in this
	state by using an online format to complete the required retraining
	courses if:
	(1)  the applicant is renewing certification for the
	first time; or
	(2)  the applicant completed the required retraining
	courses in person the previous time the applicant renewed the
	certificate.
	SECTION 5.12.  The heading to Section 411.244, Government
	Code, is amended to read as follows:
	Sec. 411.244.  OFFICE OF INSPECTOR GENERAL [INTERNAL
	AFFAIRS].
	SECTION 5.13.  Section 411.244, Government Code is amended
	by amending Subsections (a), (b), (d), (e), and (f), and by adding
	Subsection (g) to read as follows:
	(a)  The commission [director] shall establish the office of
	inspector general, which is responsible for:
	(1)  acting to prevent and detect serious breaches of
	departmental policy, fraud, and abuse of office, including any acts
	of criminal conduct within the department; and
	(2)  independently and objectively reviewing,
	investigating, delegating an investigation, and overseeing the