89R20828 GP-D By: Dorazio H.B. No. 1065 Substitute the following for H.B. No. 1065: By: Hefner C.S.H.B. No. 1065 A BILL TO BE ENTITLED AN ACT relating to the classification of employees of certain companies operating under the Private Security Act. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1702.127, Occupations Code, is amended by adding Subsection (b-1) to read as follows: (b-1) A person licensed only as a security services contractor may not intentionally misclassify an employee as an independent contractor in violation of applicable federal guidelines. SECTION 2. Subchapter L, Chapter 1702, Occupations Code, is amended by adding Section 1702.290 to read as follows: Sec. 1702.290. VERIFICATION OF CERTAIN EMPLOYMENT CLASSIFICATIONS DURING AUDIT OR INSPECTION. During an audit or inspection by the department under Section 1702.289 of a person licensed only as a security services contractor, the department shall inspect the employment records of the license holder to confirm that the license holder has not misclassified employees as independent contractors in violation of applicable federal guidelines. If the department determines that the license holder misclassified an employee as described by this section, the department shall notify the Texas Workforce Commission of that determination. SECTION 3. Section 1702.290, Occupations Code, as added by this Act, applies only to an audit or inspection that occurs on or after the effective date of this Act. SECTION 4. This Act takes effect September 1, 2025.