HBA-MSH H.B. 3036 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3036
By: Bosse
Public Safety
4/6/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Current law requires a person to take a continuing education course to
renew a security officer commission. The statute is phrased so that handgun
training is the primary focus of the course, hence it possibly diminishes
the importance of training in other important aspects of security such as
the relationship between security and law enforcement.  House Bill 3036
clarifies provisions relating to continuing education courses for security
officers to include other aspects of security in addition to handgun
proficiency. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to Texas Commission on Private Security in
SECTION 1 (Section 1702.309, Occupations Code) of this bill. 

ANALYSIS

House Bill 3036 amends the Occupations Code to require the Texas Commission
on Private Security (commission) by rule to develop a continuing education
course required for renewal of a security officer commission, to be
administered only by a commission-approved instructor.  The bill
establishes the curriculum for the course.  The bill requires a
commissioned security officer to demonstrate the required handgun
proficiency within the 90-day period before the date the commission is
renewed. 

The bill provides that the Private Investigators and Private Security
Agencies Act applies to an individual who in the course of employment comes
into contact with the public and wears a uniform with any type of badge
commonly associated with security personnel or law enforcement or a patch
or apparel with "security" or the name of the employer on the patch or
apparel.  

EFFECTIVE DATE

September 1, 2001.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 provides that a continuing education course
required for renewal of a security officer commission must include six
hours of instruction approved by the Texas Commission on Private Security
rather than the curriculum specified in the bill.