By Junell, Culberson, et al. H.B. No. 2464 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the provision at certain retail establishments of 1-3 security measures and devices to protect employees and customers. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 4, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 96 to read as follows: 1-7 CHAPTER 96. SECURITY MEASURES AND DEVICES 1-8 AT CERTAIN RETAIL ESTABLISHMENTS 1-9 Sec. 96.001. DEFINITIONS. In this chapter: 1-10 (1) "Convenience store" means a retail establishment 1-11 that: 1-12 (A) is primarily engaged in the retail sale of 1-13 groceries as well as other products and services, which may 1-14 include: 1-15 (i) prepared foods; 1-16 (ii) household items and toiletries; and 1-17 (iii) gasoline and services; 1-18 (B) is not primarily a restaurant; and 1-19 (C) contains less than 6,000 square feet of 1-20 leasable area for retail purposes. 1-21 (2) "Department" means the Department of Public Safety 1-22 of the State of Texas. 1-23 (3) "Mall hours" means the period of the day during 2-1 which at least 25 percent of the leasable area of mall stores is 2-2 open for business with the public. 2-3 (4) "Mall store" means a store operating in and with 2-4 direct storefront access to a multilevel shopping mall. 2-5 (5) "Multilevel shopping mall" means an enclosed 2-6 multilevel retail center, including its exterior grounds, surface 2-7 parking lots, multilevel parking garages, office buildings, and 2-8 other associated structures and premises, that: 2-9 (A) contains more than 1,200,000 square feet of 2-10 gross leasable area for retail purposes; and 2-11 (B) includes one or more multilevel parking 2-12 garages. 2-13 A mall contained within a special improvement district 2-14 created by Chapter 289, Acts of the 73rd Legislature, Regular 2-15 Session, 1993, is also considered a multilevel shopping mall for 2-16 the purposes of this chapter. 2-17 (6) "Owner or operator of a multilevel shopping mall" 2-18 means the owner or operator of a multilevel shopping mall and the 2-19 agents and employees of the owner or operator of a multilevel 2-20 shopping mall. 2-21 (7) "Peace officer" means a person listed under 2-22 Article 2.12, Code of Criminal Procedure. 2-23 (8) "Security hours" means the period of the day 2-24 beginning two hours before the beginning of mall hours and ending 2-25 two hours after the later of: 3-1 (A) the end of mall hours; or 3-2 (B) if there is a movie theater with direct 3-3 storefront access to the mall, the time that the last movie of the 3-4 theater's business day ends. 3-5 (9) "Security officer" has the meaning assigned by 3-6 Section 2, Private Investigators and Private Security Agencies Act 3-7 (Article 4413(29bb), Vernon's Texas Civil Statutes). 3-8 Sec. 96.002. SECURITY MEASURES AND DEVICES. (a) An 3-9 employer of personnel at a convenience store may provide the 3-10 following measures and devices for the security of employees and 3-11 customers: 3-12 (1) video surveillance equipment that is maintained in 3-13 working order and operated continuously during the hours of 3-14 operation of the store; 3-15 (2) a sign, with lettering at least three-fourths inch 3-16 in height, posted in the store's window stating that the cash 3-17 register contains less than $75; 3-18 (3) a drop-safe or time-release safe maintained at the 3-19 store that is bolted to the floor, is installed in the floor, or 3-20 weighs 350 pounds or more; 3-21 (4) a sign, with lettering at least three-fourths inch 3-22 in height, posted in the store's window stating that there is a 3-23 safe in the store and that the safe is not accessible to the 3-24 store's employees or, if store employees have access to a 3-25 time-release safe, that employees have access to a limited amount 4-1 of cash only at time-delayed intervals; 4-2 (5) interior and exterior lighting in each area of the 4-3 premises that is intended for customer access and controlled by the 4-4 employer, with an illumination intensity maintained at at least two 4-5 foot-candles for each square foot at 36 inches above the surface of 4-6 the lighted area; and 4-7 (6) markers at the entrance of the store that can 4-8 indicate the height of a person entering the store. 4-9 (b) An employer of personnel at a convenience store who 4-10 elects to comply with the security measures and devices described 4-11 by Subsection (a) shall conduct business in the convenience store 4-12 in a manner that provides full visibility from the street of the 4-13 clerk and customer during a sales transaction at the cash register 4-14 or checkout counter. 4-15 (c) An employer of personnel at a convenience store shall 4-16 maintain a video surveillance recording until at least the 30th day 4-17 after the date of the recording of an event unless, before that 4-18 date, the recording is taken by a law enforcement agent in 4-19 connection with a criminal investigation. 4-20 (d) An owner or operator of a multilevel shopping mall may 4-21 establish and implement a security plan that provides for the 4-22 following measures and devices for the protection of employees, 4-23 invitees, tenants, and customers at the multilevel shopping mall: 4-24 (1) one peace officer on duty during security hours; 4-25 (2) one security officer for each 600,000 square feet 5-1 of gross leasable area on duty during security hours; 5-2 (3) one security officer for each 1,000 parking spaces 5-3 that are contained in the parking facilities maintained at the 5-4 multilevel shopping mall who is on duty during security hours; 5-5 (4) one security vehicle patrolling during security 5-6 hours each 2,500 parking spaces that are contained in the parking 5-7 facilities maintained at the multilevel shopping mall subject to 5-8 allowing reasonable breaks for the vehicle patrol officer; 5-9 (5) a communications system in effect 24 hours a day, 5-10 seven days a week; 5-11 (6) security escorts available: 5-12 (A) during security hours; and 5-13 (B) as necessary when requested in advance by a 5-14 tenant to provide security escorts to employees of the multilevel 5-15 shopping mall who are working after security hours; and 5-16 (7) a security advisory newsletter, designed to 5-17 communicate safety and security advice to tenants, invitees, and 5-18 customers, to be distributed to the tenants and posted in a manner 5-19 to be visible to invitees and customers at least once in each 5-20 three-month period by the owner or operator of the multilevel 5-21 shopping mall, unless a more frequent distribution and posting is 5-22 necessary because of extraordinary circumstances affecting the 5-23 health, safety, or welfare of tenants, invitees, and customers. 5-24 (e) An owner or operator of a multilevel shopping mall that 5-25 establishes a security plan under this section shall file a copy of 6-1 the plan with the chief of police of any municipality in which the 6-2 mall is located and the sheriff of the county in which the mall is 6-3 located. A filing under this subsection is proof of the 6-4 establishment of a security plan for purposes of this chapter. 6-5 Sec. 96.003. TRAINING PROGRAM FOR CONVENIENCE STORES; 6-6 DEPARTMENT APPROVAL. (a) An employer of personnel at a 6-7 convenience store who elects to comply with the security measures 6-8 described by Section 96.002(a) shall instruct each employee who 6-9 serves as a clerk or manager in the store in security techniques in 6-10 a training program conducted by the employer that is approved by 6-11 the department under Subsection (b). The employer shall require 6-12 the instruction of a new employee subject to this subsection not 6-13 later than the 30th day after the date on which the person begins 6-14 the employment. 6-15 (b) An employer of personnel at a convenience store may 6-16 apply to the department, in the manner prescribed by the 6-17 department, for evaluation of the employer's training program. The 6-18 department may assess a $25 fee for evaluation of a training 6-19 program under this subsection. The department shall notify the 6-20 employer whether the program is approved by the department not 6-21 later than the 14th day after the date on which the application is 6-22 received by the department. 6-23 (c) An employer of personnel at a convenience store whose 6-24 training program is approved by the department shall post a sign at 6-25 the convenience store that indicates that the store's employees are 7-1 instructed and trained in security techniques. An approval by the 7-2 department of an employer's training program is effective for 24 7-3 months unless the department finds that the employer has not 7-4 complied with the conditions upon which the approval was granted. 7-5 Sec. 96.004. AFFIRMATIVE DEFENSE FOR CONVENIENCE STORES; 7-6 EVIDENCE OF SAFETY MEASURES. It is an affirmative defense in a 7-7 cause of action that alleges the liability for damages of a 7-8 convenience store because of the failure of the store to provide 7-9 adequate safety measures for the store's customers and employees 7-10 that, at the time of the incident that is the basis for the cause 7-11 of action: 7-12 (1) the security measures and devices described by 7-13 Sections 96.002(a) and (b) were in place at the store and in 7-14 operation; and 7-15 (2) the employees of the store had been instructed in 7-16 security techniques in a training program approved by the 7-17 department under this chapter. 7-18 Sec. 96.005. AFFIRMATIVE DEFENSE FOR MULTILEVEL SHOPPING 7-19 MALLS; EVIDENCE OF SAFETY MEASURES. It is an affirmative defense 7-20 in a cause of action that alleges that the owner or operator of a 7-21 multilevel shopping mall is liable for failure to provide adequate 7-22 security measures or devices that, at the time of the incident that 7-23 is the basis for the cause of action, the owner or operator of the 7-24 multilevel shopping mall had established and substantially 7-25 implemented the security plan described by Section 96.002(d) at the 8-1 multilevel shopping mall. 8-2 Sec. 96.006. RESTRICTIONS ON APPLICATION. (a) This chapter 8-3 does not apply to a cause of action based on product liability. 8-4 (b) This chapter does not apply to an action brought by an 8-5 employee or the legal beneficiary of an employee under Subtitle A, 8-6 Title 5, Labor Code. 8-7 (c) No portion of this chapter shall be mentioned, alluded 8-8 to, referenced, or used in any manner by any party or witness in a 8-9 court of law where the defendant or any party who might be liable 8-10 to another in tort or contract is not asserting a defense based on 8-11 this chapter. 8-12 (d) Nothing in this chapter shall be construed to impose an 8-13 obligation on a property owner or operator to adopt certain 8-14 measures of security or to adhere to certain standards relating to 8-15 security. 8-16 SECTION 2. (a) This Act takes effect September 1, 1995. 8-17 (b) Section 96.004, Civil Practice and Remedies Code, as 8-18 added by this Act, applies only to a cause of action that accrues 8-19 on or after January 1, 1996. A cause of action described by that 8-20 section that accrues before January 1, 1996, is governed by the law 8-21 in effect on the date the cause of action accrued, and the former 8-22 law is continued in effect for that purpose. 8-23 (c) Section 96.005, Civil Practice and Remedies Code, as 8-24 added by this Act, applies only to a cause of action that accrues 8-25 on or after September 1, 1995. A cause of action described by that 9-1 section that accrues before September 1, 1995, is governed by the 9-2 law in effect on the date the cause of action accrued, and the 9-3 former law is continued in effect for that purpose. 9-4 SECTION 3. The importance of this legislation and the 9-5 crowded condition of the calendars in both houses create an 9-6 emergency and an imperative public necessity that the 9-7 constitutional rule requiring bills to be read on three several 9-8 days in each house be suspended, and this rule is hereby suspended.