SB 2065 - Conference Committee Report Filed - PASSED

[Charles L. Cotton]

SB2065 made it under the wire and it has been sent to the Governor. I have no idea if this 72 page bill has anything in it that would cause the Governor to veto it, but it was the last chance to pass the change that would have been made by HB421.

Chas.

[flowrie]

Thank you Charles for the information.
Thank goodness! I have been looking this morning for evidence that it was signed but could not find it.
Thanks again!

[nobius]

Signed in the Senate.

[justiceburger]

Whereabouts can the volunteer based amendment be found in the Enrolled document? Mine eyes hath not found yet. :)

[Papa_Tiger]

ARTICLE 11. VOLUNTEER SECURITY SERVICES
SECTION 11.001. Subchapter N, Chapter 1702, Occupations Code, is amended by adding Section 1702.333 to read as follows:
Sec. 1702.333. PLACE OF RELIGIOUS WORSHIP; CERTAIN
VOLUNTEERS. (a) In this section, "volunteer security services" means services or activities that are:
(1) regulated under this chapter; and
(2) provided without compensation or remuneration.
(b) This chapter does not apply to a person who is providing volunteer security services on the premises of a church, synagogue, or other established place of religious worship.
(c) While providing volunteer security services under
Subsection (b), a person may not wear a uniform or badge that:
(1) contains the word "security"; or
(2) gives the person the appearance of being a peace officer, personal protection officer, or security officer.

[Flightmare]

ARTICLE 11. VOLUNTEER SECURITY SERVICES
SECTION 11.001. Subchapter N, Chapter 1702, Occupations Code, is amended by adding Section 1702.333 to read as follows:
Sec. 1702.333. PLACE OF RELIGIOUS WORSHIP; CERTAIN
VOLUNTEERS. (a) In this section, "volunteer security services" means services or activities that are:
(1) regulated under this chapter; and
(2) provided without compensation or remuneration.
(b) This chapter does not apply to a person who is providing volunteer security services on the premises of a church, synagogue, or other established place of religious worship.
(c) While providing volunteer security services under
Subsection (b), a person may not wear a uniform or badge that:
(1) contains the word "security"; or
(2) gives the person the appearance of being a peace officer, personal protection officer, or security officer.

Does the same definition of "premises" apply as it does for LTCs when it comes to schools? Would a volunteer security person be in violation if they were patrolling the parking lot?

[locke_n_load]

Just don't walk outside while providing church security...

[Charles L. Cotton]

ARTICLE 11. VOLUNTEER SECURITY SERVICES
SECTION 11.001. Subchapter N, Chapter 1702, Occupations Code, is amended by adding Section 1702.333 to read as follows:
Sec. 1702.333. PLACE OF RELIGIOUS WORSHIP; CERTAIN
VOLUNTEERS. (a) In this section, "volunteer security services" means services or activities that are:
(1) regulated under this chapter; and
(2) provided without compensation or remuneration.
(b) This chapter does not apply to a person who is providing volunteer security services on the premises of a church, synagogue, or other established place of religious worship.
(c) While providing volunteer security services under
Subsection (b), a person may not wear a uniform or badge that:
(1) contains the word "security"; or
(2) gives the person the appearance of being a peace officer, personal protection officer, or security officer.

Does the same definition of "premises" apply as it does for LTCs when it comes to schools? Would a volunteer security person be in violation if they were patrolling the parking lot?

No. The narrowly defined "premises" found in TPC §46.035(f)(3) (adopted into TPC §46.03) has not been adopted in the Occupations Code Chp. 1702. I can't find a definition of "premises" anywhere in Chp. 1702, so the term is interpreted in the common usage. This means the entire real estate from lot line to lot line. I have not researched the case law dealing with Chp. 1702, so I saw this with only slight reservation. I can't imagine any case law would hold otherwise, as a security guard's authority for a customer extends throughout the customer's property. If a church were renting space in a strip center, then the volunteer security personnel would need to take care not to perform their duties outside the church's leased portion and into the common areas.

Chas.

[Flightmare]

Thankyou for the clarification Charles.

[gugisman]

Great job Matt Rinaldi, co-signers, and all those who testified!!!!

[ELB]

"...on the premises of a church, synagogue, or other established place of religious worship."

So if the church holds a social on the grounds of a local park, it sounds like they would not be able to use their volunteer security team because a) it is not an "established place of worship" and b) it's a social not "religious worship" (or is it?)?

If they throw up a tent in park and hold revival services for a week, does that qualify as an "established place of religious worship?"

I think it is good that this bill passed, I don't think the security company lobby should have a monopoly on providing security in this state, but I hope we don't hear anymore harrumphing against "carve outs" for emergency services personnel and the like, because this bill is certainly establishes a big "carve-out". :)

[thatguyoverthere]

I've been looking, but so far have not seen any indication that the governor has signed this bill. Anyone have any news on this yet? I'm really anxious to get this one in the bag.

[Papa_Tiger]

http://www.capitol.state.tx.us/BillLook ... ill=SB2065

[flowrie]

The Governor has the bill, here is what is next:

Governor’s Action
Except in the case of a bill sent to the governor within 10 days of final adjournment, on receiving a bill, the governor has 10 days in which to sign the bill, veto it, or allow it to become law without a signature. If the governor elects to veto the bill and the legislature is still in session, the bill is returned to the chamber in which it originated with an explanation of the governor’s objections. A two-thirds majority in each chamber is required to override the veto. If the governor neither vetoes nor signs the bill within the allotted time, the bill becomes law. If a bill is sent to the governor within 10 days of final adjournment, the governor has until 20 days after final adjournment to sign the bill, veto it, or allow it to become law without a signature.
The same steps and deadlines are applicable to concurrent resolutions.

[ELB]

The Governor's website lists bills he has signed here: https://gov.texas.gov/news/category/signature-statement

Bills vetoed here: https://gov.texas.gov/news/category/leg ... -statement (Altho there are a number of bills listed as vetoed, so far they all appear to be from last session.)

Bills filed with no signature: https://gov.texas.gov/news/category/leg ... -signature (again, nothing from current legislature as of this posting.)