By Bosse H.B. No. 284
74R99 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of locksmiths; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. PURPOSE. It is the intent of the legislature to
1-5 improve the general welfare and safety of the citizens of this
1-6 state by regulating the locksmithing industry in this state in
1-7 order to protect the best interests of both the industry and the
1-8 public.
1-9 SECTION 2. DEFINITIONS. In this Act:
1-10 (1) "Board" means the Locksmithing Advisory Board.
1-11 (2) "Commission" means the Texas Commission of
1-12 Licensing and Regulation.
1-13 (3) "Commissioner" means the commissioner of licensing
1-14 and regulation.
1-15 (4) "Department" means the Texas Department of
1-16 Licensing and Regulation.
1-17 (5) "Key duplicator" means a person licensed as a key
1-18 duplicator under this Act.
1-19 (6) "Locksmith" means a person licensed as a locksmith
1-20 under this Act.
1-21 (7) "Locksmithing" means the installation, repair,
1-22 replacement, rebuilding, rearrangement, or adjustment of a lock or
1-23 the mechanical parts of a lock. The term includes the adjustment
1-24 of a lock in a safe, vault, or vehicle.
2-1 (8) "Master locksmith" means a person licensed as a
2-2 master locksmith under this Act.
2-3 (9) "Person" means an individual.
2-4 (10) "Safe and vault technician" means a person
2-5 licensed as a safe and vault technician under this Act.
2-6 SECTION 3. EXEMPTIONS. This Act does not apply to:
2-7 (1) an employee of the federal government, the state,
2-8 or a political subdivision of the state if the employee performs
2-9 locksmithing only in the scope of the employee's official duties;
2-10 (2) a person, firm, or corporation that practices any
2-11 aspect of locksmithing only on property owned by that person, firm,
2-12 or corporation if the locksmithing activity does not affect the
2-13 welfare or safety of the general public;
2-14 (3) a builder or an employee or subcontractor of a
2-15 builder who installs locks in a building under construction or
2-16 newly constructed by the builder; or
2-17 (4) an automobile dealer or an employee or
2-18 subcontractor of an automobile dealer who repairs or repossesses
2-19 automobiles that are the property of the dealer or a customer of
2-20 the dealer.
2-21 SECTION 4. LOCKSMITHING ADVISORY BOARD. (a) The
2-22 Locksmithing Advisory Board is established as an advisory board to
2-23 the department. The board is composed of six members appointed by
2-24 the commissioner. A member holds office for a term of six years,
2-25 with two members' terms expiring on February 1 of each odd-numbered
2-26 year. The commissioner shall designate a member to serve as the
2-27 board's presiding officer.
3-1 (b) To be eligible for appointment to the board, a person
3-2 must have experience in the locksmithing industry. If possible, no
3-3 fewer than four members must be persons eligible for a master
3-4 locksmith license under this Act. The commissioner shall consider
3-5 persons recommended by locksmith associations in the state in
3-6 making the appointments.
3-7 (c) The commissioner may remove a member of the board for
3-8 inefficiency or neglect of duty in office. If a vacancy occurs on
3-9 the board, the commissioner shall appoint a member who represents
3-10 the same interests as the former member to serve for the unexpired
3-11 term.
3-12 (d) The board shall meet at least twice each year at the
3-13 call of the presiding officer at a place designated by the
3-14 presiding officer. A decision of the board is not valid unless
3-15 supported by a majority of the members present at the meeting at
3-16 which the decision is made.
3-17 (e) The board shall advise the commissioner in the adoption
3-18 of rules and the design of a licensing examination.
3-19 (f) A board member is entitled to a per diem as set by the
3-20 General Appropriations Act for each day that the member engages in
3-21 the business of the board. A member may not receive compensation
3-22 for the member's services.
3-23 SECTION 5. LICENSE ISSUANCE; RULES. (a) The commissioner
3-24 shall issue a license to an applicant for a locksmith license,
3-25 master locksmith license, key duplicator license, or safe and vault
3-26 technician license who passes the appropriate examination
3-27 prescribed by the commissioner and who possesses the other
4-1 qualifications for the specific license required by this Act or a
4-2 rule adopted under this Act.
4-3 (b) The commissioner shall:
4-4 (1) adopt rules relating to licensing under this Act;
4-5 and
4-6 (2) prescribe all forms required under this Act.
4-7 (c) The commissioner may adopt rules governing a person who
4-8 holds or applies for more than one type of license under this Act.
4-9 (d) A license issued under this Act is valid for one year
4-10 from the date of issuance.
4-11 SECTION 6. LOCKSMITH LICENSE. To qualify for a locksmith
4-12 license under this Act, a person must apply on a form prescribed by
4-13 the commissioner and demonstrate, in the manner required by the
4-14 commissioner, reasonable proficiency in the following locksmithing
4-15 procedures:
4-16 (1) making a key, other than by means of duplication
4-17 or code, to operate a specific lock;
4-18 (2) making a key, by means of duplication or code, to
4-19 operate a specific lock;
4-20 (3) opening a lock by means other than with an
4-21 existing key;
4-22 (4) making proper repairs to a damaged lock;
4-23 (5) installing properly a lock and a locking device;
4-24 and
4-25 (6) changing the combination of various types of locks
4-26 and setting a lock to a master system.
4-27 SECTION 7. MASTER LOCKSMITH LICENSE. To qualify for a
5-1 master locksmith license under this Act, a person must:
5-2 (1) apply on a form prescribed by the commissioner;
5-3 (2) have the qualifications required under this Act
5-4 for a locksmith license and safe and vault technician license;
5-5 (3) have at least 10 years of practical experience as
5-6 a locksmith; and
5-7 (4) demonstrate, in the manner required by the
5-8 commissioner, reasonable proficiency in:
5-9 (A) the charting and laying out of a master key
5-10 system;
5-11 (B) the interpretation of lock specifications;
5-12 and
5-13 (C) institutional and industrial lock
5-14 requirements.
5-15 SECTION 8. SAFE AND VAULT TECHNICIAN LICENSE. To qualify
5-16 for a safe and vault technician license under this Act, a person
5-17 must apply on a form prescribed by the commissioner and
5-18 demonstrate, in the manner required by the commissioner, reasonable
5-19 proficiency in the following safe and vault work procedures:
5-20 (1) opening a safe or vault by drilling or
5-21 manipulation;
5-22 (2) identifying a safe by outward appearance and
5-23 design;
5-24 (3) changing the combination on the locks of a safe or
5-25 vault; and
5-26 (4) repairing a lock and restoring a safe or vault to
5-27 useable condition to ensure security.
6-1 SECTION 9. KEY DUPLICATOR LICENSE. To qualify for a key
6-2 duplicator license under this Act, a person must apply on a form
6-3 prescribed by the commissioner and demonstrate, in the manner
6-4 required by the commissioner, that the person is proficient in
6-5 making keys to locks by making a duplicate of an original key
6-6 through the operation of a key machine.
6-7 SECTION 10. FEES. The commission by rule shall set license
6-8 and examination fees under this Act.
6-9 SECTION 11. EXAMINATIONS. (a) The commissioner shall
6-10 prepare examinations under this Act that test an applicant's
6-11 knowledge, skill, and efficiency in the field in which the
6-12 applicant seeks a license.
6-13 (b) A person who fails an examination may apply for
6-14 reexamination at a scheduled examination held at least six months
6-15 after the date the person failed the original examination.
6-16 (c) Examinations shall be offered in the state at least
6-17 twice a year at times and places designated by the commissioner.
6-18 SECTION 12. COMMISSIONER AND DEPARTMENT DUTIES; INSPECTIONS.
6-19 (a) The commissioner shall enforce this Act.
6-20 (b) The department shall investigate allegations of
6-21 violations of this Act. The department may enter any place of
6-22 business or other establishment at which alleged illegal activity
6-23 occurs during reasonable business hours and without advance notice.
6-24 (c) The commissioner shall adopt rules for the registration
6-25 of professional and coin-operated key duplication machines.
6-26 SECTION 13. SUSPENSION, REVOCATION, AND RENEWAL OF LICENSES;
6-27 REISSUANCE. (a) After a hearing, the commissioner shall suspend
7-1 or revoke a license on a finding that a person:
7-2 (1) made a material misstatement in an application for
7-3 a license;
7-4 (2) wilfully disregarded or violated this Act or a
7-5 rule adopted under this Act;
7-6 (3) wilfully aided or abetted another in the violation
7-7 of this Act or a rule adopted under this Act;
7-8 (4) was convicted for a crime, an essential element of
7-9 which is misstatement, fraud, or dishonesty, or a felony; or
7-10 (5) engaged in dishonorable or unethical conduct
7-11 likely to deceive, defraud, or harm the public.
7-12 (b) The commissioner may reissue a license to a person whose
7-13 license has been revoked if the person applies in writing to the
7-14 department and shows good cause to justify reissuing the license.
7-15 SECTION 14. PROHIBITED ACTS. (a) A person may not
7-16 advertise, hold out, or act as a locksmith, master locksmith, safe
7-17 and vault technician, or key duplicator unless the person holds an
7-18 appropriate license under this Act.
7-19 (b) A person may not own or operate a professional key
7-20 duplication machine unless the person is licensed under this Act
7-21 and the machine is registered as provided by rules adopted under
7-22 this Act.
7-23 (c) A person may not own a coin-operated key duplication
7-24 machine unless the machine is registered as provided by rules
7-25 adopted under this Act.
7-26 (d) A person may not duplicate a key known to be a master
7-27 key, a key marked or stamped in a way indicating that the key is a
8-1 master key, or a key that is not permitted to be duplicated unless
8-2 the person is a locksmith or master locksmith licensed under this
8-3 Act.
8-4 (e) A person may not manufacture or purchase for sale or
8-5 resale to a person who is not a licensed locksmith any specialized
8-6 equipment used in the business, trade, or occupation of
8-7 locksmithing, including a lock pick, a pressure or jiggle key, a
8-8 try-out key, a depth key, or an automobile-opening device, and may
8-9 not dispose of the equipment to a person other than a person
8-10 licensed under this Act.
8-11 (f) A person may not sell a code manual used for
8-12 locksmithing or a safe manual to a person other than a person
8-13 licensed under this Act.
8-14 SECTION 15. MASTER KEYS. (a) A master key made by a
8-15 locksmith or master locksmith shall be designated by the locksmith
8-16 or master locksmith as a master key by stamping or marking the key
8-17 in a manner that identifies the key as a master key. A locksmith
8-18 or master locksmith shall mark the key in a manner that identifies
8-19 the locksmith or master locksmith who made the key.
8-20 (b) A locksmith or master locksmith shall keep a record of
8-21 each person who orders a master key, each key made by code, and
8-22 each locked item opened for another. The record maintained under
8-23 this subsection must include the person's name, address, and
8-24 driver's license number or Department of Public Safety
8-25 identification number.
8-26 SECTION 16. COIN-OPERATED KEY DUPLICATION MACHINES. (a)
8-27 With the advice of the board, the commissioner shall adopt rules
9-1 regulating coin-operated key duplication machines, including rules
9-2 relating to registration requirements for those machines.
9-3 (b) A coin-operated key duplication machine shall be labeled
9-4 with a notice that informs the user that the machine may not be
9-5 used to duplicate master keys.
9-6 SECTION 17. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person
9-7 commits an offense if the person violates this Act or a rule
9-8 adopted under this Act. An offense under this subsection is a
9-9 Class A misdemeanor.
9-10 (b) A person who violates this Act or a rule adopted under
9-11 this Act is subject to an administrative penalty assessed by the
9-12 commission as provided by Section 17, Article 9100, Revised
9-13 Statutes.
9-14 SECTION 18. APPLICATION OF SUNSET ACT. The Locksmithing
9-15 Advisory Board is subject to Chapter 325, Government Code (Texas
9-16 Sunset Act). Unless continued in existence as provided by that
9-17 chapter, the board is abolished and this Act expires September 1,
9-18 2007.
9-19 SECTION 19. TRANSITION. (a) In making the initial
9-20 appointments to the Locksmithing Advisory Board, the commissioner
9-21 shall designate two members for terms expiring on February 1, 1997,
9-22 two members for terms expiring on February 1, 1999, and two members
9-23 for terms expiring on February 1, 2001.
9-24 (b) Until January 1, 1997, a locksmith, master locksmith,
9-25 key duplicator, or safe and vault technician who is a resident of
9-26 the state and who practiced in the person's respective field
9-27 during the 24 months preceding the effective date of this Act may
10-1 be licensed without examination on submitting to the commissioner
10-2 proof of the person's experience on an application form prescribed
10-3 by the commissioner.
10-4 SECTION 20. EFFECTIVE DATE. (a) Except as provided by
10-5 Subsection (b) of this section, this Act takes effect September 1,
10-6 1995.
10-7 (b) Sections 14 and 17 of this Act take effect January 1,
10-8 1996.
10-9 SECTION 21. The importance of this legislation and the
10-10 crowded condition of the calendars in both houses create an
10-11 emergency and an imperative public necessity that the
10-12 constitutional rule requiring bills to be read on three several
10-13 days in each house be suspended, and this rule is hereby suspended.