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From the 2005 Regular Session of the Texas Legislature

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	H.B. No. 1132



AN ACT



relating to the regulation
of and rights of private security personnel.


BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF TEXAS:



ARTICLE
1.  OCCUPATIONS CODE CHANGES



SECTION 1.01.  Section 1702.163(a),
Occupations Code, is amended to read as follows:


(a)  The board commission
may not issue a security officer commission to an applicant
employed by a license holder unless the applicant submits
evidence satisfactory to the board commission
that the applicant has:


	(1)  completed the basic training
course at a school or under an instructor approved
by the board commission;


	(2)  met each qualification
established by this chapter and board commission
rule;


	(3)  achieved the score required
by the board commission on
the examination under Section 1702.1685; and


	(4)  demonstrated to the satisfaction
of the firearm training instructor that the applicant
has complied with other board commission
standards for minimum marksmanship competency with
a handgun shotgun.


SECTION 1.02.  Section 1702.282,
Occupations Code, is amended by amending Subsection
(a) and adding Subsection (d) to read as follows:


(a)  The board commission
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, or
certification.  An applicant is not eligible for a
license, registration, commission, letter of approval,
permit, or certification if the check reveals that
the applicant has committed an act that constitutes
grounds for the denial of the license, registration,
commission, letter of approval, permit, or certification.
 Except as provided by Subsection (d), each
Each applicant shall include in
the application two complete sets of fingerprints on
forms prescribed by the board commission
accompanied by the fee set by the board commission.


(d)  An applicant who is
a peace officer is not required to submit fingerprints
with the applicant's application.  On request, the
law enforcement agency or other entity that employs
the peace officer or the entity that maintains the
peace officer's fingerprints shall provide the fingerprints
for the peace officer to the board.  The applicant
shall provide sufficient information to the board to
enable the board to obtain the fingerprints under this
subsection.






SECTION 2.01.  Section 46.05,
Penal Code, is amended by amending Subsection (f) and
adding Subsection (g) to read as follows:


(f)  It is a defense to prosecution
under this section for the possession of a chemical
dispensing device that the actor is holds
a security officer commission issued by the
Texas Commission on Private Security and
has received training on the use of the chemical dispensing
device by a training program that is:


	(1)  provided by the Commission
on Law Enforcement Officer Standards and Education;
or


	(2)  approved for the purposes
described by this subsection by the Texas Commission
on Private Security Board of the Department
of Public Safety.


(g)  In Subsection (f),
"security officer" means a commissioned security officer
as defined by Section 1702.002, Occupations Code, or
a noncommissioned security officer registered under
Section 1702.221, Occupations Code.






SECTION 3.01.  This Act takes
effect September 1, 2005.




______________________________	______________________________


   President of the Senate	Speaker
of the House      


I certify that H.B. No. 1132
was passed by the House on May 11, 2005, by a non-record
vote.



______________________________




Chief
Clerk of the House   



I certify that H.B. No. 1132
was passed by the Senate on May 25, 2005, by the following
vote:  Yeas 31, Nays 0.



______________________________




Secretary
of the Senate    



APPROVED:  _____________________


                    Date 
        


           _____________________


                  Governor