By Pickett                                             H.B. No. 887
       74R3339 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to allowing a municipality to impose a fee against certain
    1-3  alarm system companies for excessive false alarms.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 3(c), Private Investigators and Private
    1-6  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
    1-7  Statutes), is amended to read as follows:
    1-8        (c)(1)  Except as otherwise specifically provided in this
    1-9  subsection, no city, county, or other political subdivision of this
   1-10  State shall impose any charge, service charge, fee, or any other
   1-11  type of payment for the use of city, county, or other public
   1-12  facilities in connection with businesses or services rendered by
   1-13  the licensees under this Act, except that any city or town may levy
   1-14  and collect reasonable charges for the use of central alarm
   1-15  installations located in a police office, that is owned, operated,
   1-16  or monitored by such city or town.
   1-17              (2)  Provided further, that any city or town may
   1-18  require discontinuation of service of any alarm signal device
   1-19  which, because of mechanical malfunction or faulty equipment,
   1-20  causes at least five false alarms in any 12-month period.  Such
   1-21  city or town may cause the disconnection of any such device until
   1-22  the same is repaired to the satisfaction of the appropriate
   1-23  municipal official, and the city or town may levy and collect
   1-24  reasonable inspection and reinspection fees in connection
    2-1  therewith.
    2-2              (3)  A city or town may impose a fee for the signaling
    2-3  of a false alarm against an alarm systems company that continues to
    2-4  service without repair an alarm signal device that, because of a
    2-5  mechanical malfunction or faulty equipment, has caused at least
    2-6  five false alarms in a 12-month period.  The fee imposed must be
    2-7  established by ordinance based on type and level of emergency
    2-8  response provided.  The fee may not exceed the lesser of $50 or the
    2-9  actual expense incurred for the response.  A city or town that
   2-10  imposes a fee under this subdivision against an alarm systems
   2-11  company may not impose a fee under Section 218.007, Local
   2-12  Government Code, against a person using an alarm system.
   2-13              (4)  In this subsection, "mechanical <"Mechanical>
   2-14  malfunction" and "faulty equipment" shall not relate, for the
   2-15  purposes of this section, to false alarms caused by human error or
   2-16  an act of God.
   2-17        SECTION 2.  Section 218.007, Local Government Code, is
   2-18  amended by adding Subsection (c) to read as follows:
   2-19        (c)  A municipality that imposes a penalty or fee under this
   2-20  section against a person using an alarm system may not impose a
   2-21  penalty or fee under Section 3(c)(3), Private Investigators and
   2-22  Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
   2-23  Civil Statutes), against an alarm systems company.
   2-24        SECTION 3.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency and an imperative public necessity that the
   2-27  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended,
    3-2  and that this Act take effect and be in force from and after its
    3-3  passage, and it is so enacted.