BILL ANALYSIS



C.S.H.B. 2464
By: Junell
4-25-95
Committee Report (Substituted)


BACKGROUND

Because of the relatively contained environment, it is believed
that the incidence of criminal activity and the risk of injury to
patrons in large multi-level shopping malls and convenience stores
can be reduced to virtual non-existence by the rigorous application
of security measures by the owners and operators of those
establishments.

PURPOSE

The bill encourages the owners and operators of large, multi-level
shopping malls and convenience stores to make the expenditures
necessary to provide state-of-the-art security measures by
providing complying owners or operators with an affirmative defense
to certain claims for damages caused by the criminal acts of third
parties at such establishments.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill may grant additional
rulemaking to the Department of Public Safety under SECTION 1,
Section 96.003(a)(b)(c) requiring the Department of Public Safety
to approve a security training program established by the
convenience store employers for their employees who elect to comply
with the requirements of this bill, notification is required by the
Department within 14 days.  The Department of Public Safety may
also assess a $25 fee for this evaluation. 

SECTION BY SECTION ANALYSIS

     SECTION 1.  Creates new Chapter 96. SECURITY MEASURES AND
DEVICES AT CERTAIN RETAIL ESTABLISHMENTS

     Section 96.001.  DEFINITIONS.  (1) definition of "convenience
     store"

     (2) definition of "Department"
     (3) definition of "Mall hours"
     (4) definition of "Mall store"
     (5) definition of "Multilevel shopping mall"
     (6) definition of "Owner or operator of a multilevel shopping
mall"
     (7) definition of "Peace Officer"
     (8) definition of "Security hours"
     (9) definition of "Security officer"
           
     Section 96.002.  SECURITY MEASURES AND DEVICES.  Establishes
security standards for convenience stores and large multi-level
shopping malls.


     Section 96.003.  TRAINING PROGRAM FOR CONVENIENCE STORES;
DEPARTMENT APPROVAL.  Establishes training parameters for an
employer of personnel at a convenience store who elects to comply
with the security measures described by Section 96.002.

     Section 96.004.  AFFIRMATIVE DEFENSE FOR CONVENIENCE STORES;
EVIDENCE OF SAFETY MEASURES.  Provides the owner or operator of a
convenience store meeting the requirements of Section 96.002 and
Section 96.003 with an affirmative defense to certain claims for
failure to provide adequate security.

     Section 96.005.  AFFIRMATIVE DEFENSE FOR MULTILEVEL SHOPPING     MALLS; EVIDENCE OF SAFETY MEASURES.  Provides the owner or
operator of a large multi-level shopping mall meeting the
requirements of Section 96.002 with an affirmative defense to
certain claims for failure to provide adequate security.

     Section 96.006.  RESTRICTIONS ON APPLICATION.  Provides that
this Act does not apply to product liability or certain employee
related actions.

     SECTION 2.  Provides an effective date of September 1, 1995,
and applies the new Chapter 96 only to causes of action that accrue
on or after January 1, 1996.

     SECTION 3.     Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

     The major points of difference between H.B. No. 2464, as
introduced and the committee substitute are as follows:

SECTION 1.  Section 96.001,  Adds new definitions for convenience
store, department, mall  hours, mall store, peace officer, security
hours and security officer.

     Section 96.002.  Adds new convenience store safety measures
and devices.

     Section 96.003.  Adds new convenience store training program;
department approval.

     Section  96.004.  Adds new affirmative defense for convenience
stores; evidence of safety measures.

     Section 96.005.  Old Section 96.003. 

     Section 96.006.  Adds new restrictions on application for
affirmative defense.

SECTION 2. Effective Date adds new (b) and (c).

     (b)  Adds new effective date for convenience stores January 1,
1996.
                    
     (c)  Changes effective date for multi-level shopping malls
from January 1, 1996 to September, 1, 1995.

SUMMARY OF COMMITTEE ACTION

The Committee on Business and Industry considered H.B. 2464 in a
public hearing on April 18, 1995. Testifying in support of H.B.
2464 were Marion Sanford, representing Gerald Hines Interest and
Johnnie B. Rogers, representing Coalition of Convenience Stores. 
No one testified on or against H.B. 2464.  The committee considered
a complete committee substitute for the bill.  The substitute to
H.B. 2464 was withdrawn without objection.  H.B. 2464 was left
pending before the committee.  The committee considered H.B. 2464
on pending business on April 25, 1995. The committee considered a
complete committee substitute for the bill.  One (1) amendment was
offered to the substitute.  The one (1) amendment was adopted
without objection. The committee substitute, as amended to H.B.
2464 was adopted without objection.  The Chair directed the staff
to incorporate the amendment into the committee substitute.  H.B.
2464 was reported favorably, as substituted with the recommendation
that it do pass and be printed by a record vote of 9 (nine) ayes,
0 (zero) nays, 0 (zero) present-not-voting, zero (0) absent.