SB2065 was signed by the Governor today! Churches finally have the much-needed exemption from the Private Security Act.
Thanks to everyone who supported HB421. Although we didn't get that Bill passed, we did put its language into SB2065. I will withhold my comments about the opponents who testified against HB421.
Chas.
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Return to “SB 2065 - Conference Committee Report Filed - PASSED”
- Thu Jun 15, 2017 4:33 pm
- Forum: 2017 Texas Legislative Session
- Topic: SB 2065 - Conference Committee Report Filed - PASSED
- Replies: 33
- Views: 21119
- Tue May 30, 2017 1:38 pm
- Forum: 2017 Texas Legislative Session
- Topic: SB 2065 - Conference Committee Report Filed - PASSED
- Replies: 33
- Views: 21119
Re: SB 2065 - Conference Committee Report Filed - PASSED
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.Flightmare wrote: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?Papa_Tiger wrote: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.
Chas.
- Tue May 30, 2017 8:04 am
- Forum: 2017 Texas Legislative Session
- Topic: SB 2065 - Conference Committee Report Filed - PASSED
- Replies: 33
- Views: 21119
Re: SB 2065 - Conference Committee Report Filed - PASSED
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.
Chas.