Texas Private Security Board

Final Results of Last Sunset Review

The Legislature adopted all but one of the Sunset Commission’s recommendations on the Department of Public Safety (DPS) and the Private Security Board and added numerous provisions to House Bill 2730.  The bill continued DPS for six years and removed the separate sunset date for the Private Security Board.  The list below summarizes the major provisions of House Bill 2730.

• Requires the Department to manage the vehicle inspection program as a civilian business and licensing operation with established goals and expected performance outcomes.
• Clarifies roles among GDEM, DPS, and the Governor’s Office of Homeland Security, and requested that the Legislature, through the appropriations process, exclude GDEM from the Department’s cap on capital budget expenses paid for with federal funds.
• Requires the defense to request breath test operators and supervisors by subpoena in administrative license revocation hearings.
• Conforms key elements of the Private Security Bureau’s licensing and regulatory functions to commonly applied licensing practices.
• Removes the separate Sunset date for the Private Security Board, continuing the Private Security Act and the Board.
• Requires Sunset to conduct a limited scope review of DPS in 2011 to study the agency’s implementation of the information technology audit conducted in 2008 and to review implementation of a civilian business management model for the Driver License Program.
• Strengthens and renames the internal affairs function at DPS regarding investigation of potential wrongdoings by DPS employees and crimes committed on DPS property.
• Requests that the Legislature, through the appropriate legislative committees, consider whether technology specialists who engage in computer forensics and analysis should be separately registered or otherwise set apart from traditional private security personnel or investigators.
• Authorizes DPS to put the classroom part of the concealed handgun licensing renewal class and the written test online.
• Continues the Department of Public Safety for six years.
• Modernizes the Department’s enabling statute.
• Modifies state law enforcement agencies’ physical fitness programs.
• Decentralizes and renames the Texas Rangers Unsolved Crimes Investigation Team.
• Increases training requirements for Driver License Division staff.
• Increases integrity of driver licenses and identification certificates.
• Modifies driver education programs for minors.
• Modifies the Driver Responsibility Program.
• Establishes a driver record monitoring pilot program.
• Conforms state and federal law regarding motor vehicle conviction information on holders of commercial driver licenses.
• Increases penalties for commercial drivers and youth who smuggle persons.
• Amends certain driver license provisions.
• Eases restrictions on who may hold a concealed handgun license (CHL), and removes penalties for failure to display a CHL.
• Provides an alternative to the requirement to carry an automobile insurance card.
• Authorizes DPS to access FBI criminal history record information on holders of certain registrations, certificates, or permits.
• Updates statutes regarding collection and use of criminal history record information.
• Improves counties’ crime record data reporting.
• Requires subcontractors to obtain criminal history background checks on all employees who provide services at schools and are not holders of current teaching certificates.
• Prohibits the release of public school employees’ criminal history information.
• Increases parking fines and fees in the Capitol Complex.
• Exempts computer repair from the Private Security Act.
• Creates an interagency council to plan transferring the controlled substances database from DPS to the Pharmacy Board.
• Allows DPS employees to donate compensatory or annual leave time for legislative purposes.
• Authorizes compensatory time for DPS security officers for working on certain holidays.
• Modifies inspection requirements for out-of-state motor buses.