All references I can find indicate the referenced bill was NEVER enacted by the legislature. However, in October 2004, the following was published in the...
TEXAS ADMINISTRATIVE CODE
TITLE 37.............PUBLIC SAFETY AND CORRECTIONS
PART 1...............TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 35........PRIVATE SECURITY
SUBCHAPTER P....BUSINESS EVALUATION SERVICE
RULE §35.241......Business Evaluation Service
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(a) The board has determined that Chapter 1702 of the Act does not apply to a person who poses or acts anonymously as a customer or client of a business or governmental entity or is in the business of providing the services of another for the purpose of evaluating the following operations or services of the business or governmental entity:
(1) a service or product provided to a customer or client;
(2) compliance with policies and operational procedures;
(3) the appearance, cleanliness, efficiency, and other operations of the office, facility, or physical plant;
(4) the friendliness, courtesy, or appearance of an employee;
(5) the necessity or effectiveness of a training program or employee reward or other incentive program;
(6) the quality, availability, or price of goods or services; and
(7) other operations or customer services of the business or governmental entity the evaluation of which is not otherwise prohibited by this chapter.
(b) A person described by subsection (a) of this section is entitled to the exemption under the subsection only if the person:
(1) uses an evaluation tool prescribed or approved by the business or governmental entity seeking the evaluation;
(2) does not engage in the investigation or observation of an employee or agent to determine whether the employee or agent has committed a crime; and
(3) the information obtained is not intended to be used by the business or governmental entity as the sole basis for the discipline or discharge of an employee or agent.
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Source Note: The provisions of this §35.241 adopted to be effective October 21, 2004, 29 TexReg 9686
http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=35&rl=241
Cheers
JR