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.