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.