Capitol Research Services of Texas > Reports

Investigator License Requirement for Legal Staff

§ 1702.323, Occupations Code
H.B. 1769 (2003)
Report: 43 pages
Fee: $295

Abstract

In 2003, the Texas Legislature passed H.B. 1769 added a new subsection (e) to § 1702.323, Occupations Code:

(e) This chapter applies to any person who conducts an investigation if the investigation involves a person or the affairs of a person who is not employed by the same employer as the person conducting the investigation and the investigation is not conducted on the premises of the employer. Premises of the employer include walkways, parking areas and other areas relating to the affairs of the employer.

Jim Bearden, general counsel of the Texas Association of Licensed Investigators (TALI), in a recent article in the Texas Bar Journal, stated, "The Legislature clearly intended to bring the huge number of unlicensed, unregulated, and often unsupervised investigators, clerks, paralegals and others who may work for corporations, law firms, utilities, and other entities, under the control of TCPS [Texas Commission on Private Security]." 67 Texas BJ 51 (January, 2004).

On the contrary, the review of the legislative history of H.B. 1769 by Capitol Research indicates that the Legislature did not "clearly intend" for the broad impacts of subsection (e) that Bearden speaks of. In fact, none of these impacts were discussed or even suggested during the enactment of H.B. 1769. Instead the bill slipped through the legislative process with little discussion and no controversy.

One could say this bill is in the category of "It’s just a little bill," a euphemism used by legislators to suggest that it is a bill that has little effect.

Now that the bill has been enacted by the Legislture and signed by the Governor, the next step is the implementation of the bill. With the abolition of the Texas Commission for Private Security for mismanaging its financial affairs, the implementation of this subsection rests with the Texas Department of Public Safety.

Capitol Research followed up with the Texas Department of Public Safety on this matter and will continue to do so as DPS begins its administration of the Private Security Bureau. The first step in that process was the Private Security Board's first meeting at DPS Headquarters in Austin on March 25. Capitol Research was in attendance. At that meeting, as well as in previous telephone interviews, Capitol Research has verified that DPS does not plan to enforce this subsection with regard to law firms at this time. It is likely that the Private Security Bureau will form a task force to look into the implementation of this measure.

The executive director of DPS has asked for an Attorney General’s opinion regarding the enforcement of this provision in H.B. 1769.

Exhibits

2001 – S.B. 1224
1. Tex. S.B. 1224, 77th Leg., R.S., Master Bill History Report (2001)

2. Tex. S.B. 1224, As Introduced, 77th Leg., R.S. (2001)

3. Tex. S.B. 1224, Senate Committee Report, 77th Leg., R.S. (2001)

4. Tex. S.B. 1224, House Committee Report, 77th Leg., R.S. (2001)

5. CAPITOL RESEARCH SERVICES, Hearings on S.B. 1224 Before the Senate Committee on Criminal Justice, 77th Leg. R.S. (March 28, 2001)

6. CAPITOL RESEARCH SERVICES, Debate on S.B. 1224 On the Floor of the Senate (Second and Third Readings), 77th Leg. R.S. (April 30, 2001)

7. CAPITOL RESEARCH SERVICES, Hearings on S.B. 1224 Before the House Committee on Public Safety, 77th Leg. R.S. (May 9, 2001)

8. CAPITOL RESEARCH SERVICES, Debate on S.B. 1224 On the Floor of the House (Second Reading), 77th Leg. R.S. (May 18, 2001)

9. CAPITOL RESEARCH SERVICES, Debate on S.B. 1224 On the Floor of the House (Third Reading), 77th Leg. R.S. (May 23, 2001)

10. CAPITOL RESEARCH SERVICES, Debate on S.B. 1224 On the Floor of the Senate (House Amendments), 77th Leg. R.S. (May 26, 2001)

11. S.J. of Tex., 77th Leg., R.S. 1528, 3842-3847 (2001)

12. HOUSE RESEARCH ORGANIZATION, S.B. 1224 Bill Analysis (May 18, 2001)

13. H.J. of Tex., 77th Leg., R.S. 3657-3661, 4011-4013 (2001)

14. Tex. S.B. 1224, 77th Leg., R.S., Governor’s Veto Proclamation (2001)

15. HOUSE RESEARCH ORGANIZATION, Vetoes of Legislation – 77th Legislature (June 26, 2001)
2003-S.B. 1224

2003– H.B. 1769

16. Tex. H.B. 1769, 78th Leg., R.S., Master Bill History Report (2003)

17. Tex. H.B. 1769, As Introduced, 78th Leg., R.S. (2003)

18. Tex. H.B. 1769, House Committee Report, 78th Leg., R.S. (2003)

19. Tex. H.B. 1769, Senate Committee Report, 78th Leg., R.S. (2003)

20. CAPITOL RESEARCH SERVICES, Hearings on H.B. 1769 Before the House Committee on Government Reorganization, 78th Leg. R.S. (April 7, 2003)

21. CAPITOL RESEARCH SERVICES, Debate on H.B. 1769 On the Floor of the House (Second Reading), 78th Leg. R.S. (May 2, 2003)

22. CAPITOL RESEARCH SERVICES, Hearings on H.B. 1769 Before the Senate Committee on Criminal Justice, 78th Leg. R.S. (May 20, 2003)

23. H.J. of Tex., 78th Leg., R.S. 2359, 2366 (2003)

24. S.J. of Tex., 78th Leg., R.S. 2765 (2003)

25. Act of May 28, 2003, 78th Leg., R.S., ch. 593, 2003 Tex. Gen. Laws, 1965

26. TEXAS OCCUPATIONS CODE, § 1702.323 (Vernon Supp. 2004)

27. 67 Texas BJ 51 (January, 2004).

2003 – Transfer of TCPS to DPS
28. STATE AUDITOR’S OFFICE, A Review of Financial Management at the Texas Commission on Private Security, Report No. 03-015 (January 2003)

29. Act of October 12, 2003, 78th Leg., 3rd C.S., ch. 10, Art. 2, 2003 Tex. Gen. Laws, 130 (Excerpt)

2004 – Status of implementation of § 1702.323, Occupations Code
30. Letter from Rep. Joe Driver to Col. Thomas A. Davis Jr., Executive Director, Texas Department of Public Safety, (January 29, 2004)

31. Letter from Col. Thomas A. Davis Jr., Executive Director, Texas Department of Public Safety, to Rep. Joe Driver (February 17, 2004)

32. Letter from Antonio Alvarado, Executive Director, State Bar of Texas, to Col. Thomas A. Davis Jr., Texas Department of Public Safety (April 29, 2004)

33. AG Opinion Request from Col. Thomas A. Davis Jr., Texas Department of Public Safety, to Greg Abbott, Attorney General (May 24, 2004)