74R10920 E
          By Bivins                                              S.B. No. 490
          Substitute the following for S.B. No. 490:
          By Smithee                                         C.S.S.B. No. 490
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to premium discounts by certain insurance companies for
    1-3  persons installing home security devices.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1, Article 5.33A, Insurance Code, is
    1-6  amended by adding Subdivisions (4) and (5) to read as follows:
    1-7              (4)  "U.L." means Underwriters Laboratories.
    1-8              (5)  "Siren" includes a horn, bell, whistle, or other
    1-9  device, located inside or outside of a burglar alarm system control
   1-10  box, that is designed to emit a loud noise when activated.
   1-11        SECTION 2.  Section 2, Article 5.33A, Insurance Code, is
   1-12  amended to read as follows:
   1-13        Sec. 2.  Qualification for Premium Reduction.  A person is
   1-14  entitled to a premium reduction for homeowners insurance coverage
   1-15  under this article if:
   1-16              (1)  that person's property <person> is found by an
   1-17  inspector to be in compliance with the specifications under <in>
   1-18  Section 6(a)(1) or (a)(2) of this article; or
   1-19              (2)  that person possesses a certificate of
   1-20  installation issued by the installer of the electronic burglar
   1-21  alarm stating that at the time of installation the system complied
   1-22  with the requirements of Section 6(a)(2) of this article and the
   1-23  person furnishes the certificate to the insurer and the insurer has
   1-24  determined that the person's property is in compliance with Section
    2-1  6(a)(2) of this article.  It is the responsibility of the insurer
    2-2  to determine compliance with this article, taking into
    2-3  consideration the certification by the installer and other
    2-4  investigation as the insurer may determine to be appropriate.
    2-5        SECTION 3.  Subsection (a), Section 3, Article 5.33A,
    2-6  Insurance Code, is amended to read as follows:
    2-7        (a)  A person who desires a premium reduction on homeowners
    2-8  insurance under Section 2(1) of this article shall apply to the
    2-9  city or, if the person lives in an unincorporated area, to the
   2-10  county in which the person's home is located for a premium
   2-11  reduction certification inspection.  Application for the inspection
   2-12  shall be made in writing and in the form required by the
   2-13  commission.
   2-14        SECTION 4.  Subsection (a), Section 4, Article 5.33A,
   2-15  Insurance Code, is amended to read as follows:
   2-16        (a)  If the inspector's report provided as part of the
   2-17  inspection under  Section 2(1) of this article states that the
   2-18  applicant's property qualifies for a premium reduction, the board
   2-19  shall issue to the applicant a premium reduction certificate
   2-20  entitling him or her to a premium reduction on the homeowners
   2-21  insurance.
   2-22        SECTION 5.  Subsection (a), Section 6, Article 5.33A,
   2-23  Insurance Code, is amended to read as follows:
   2-24        (a)  A person's property qualifies for a homeowners insurance
   2-25  premium reduction if the property:
   2-26              (1)  meets the following minimum specifications:
   2-27                    (A)  exterior doors must be solid core doors that
    3-1  are 1-3/8 inches thick and must be secured by dead-bolt locks;
    3-2                    (B)  metal doors must be secured by dead-bolt
    3-3  locks;
    3-4                    (C)  double doors must meet the specifications
    3-5  provided by Subdivision (1) of this subsection, must have the
    3-6  inactive door secured by header and threshold bolts that penetrate
    3-7  metal strike plates, and in the case of glass located within 40
    3-8  inches of header and threshold bolts, must have the bolts
    3-9  flush-mounted in the edge of the door;
   3-10                    (D)  sliding glass doors must be secured by
   3-11  secondary locking devices to prevent lifting and prying;
   3-12                    (E)  dutch doors must have concealed flush-bolt
   3-13  locking devices to interlock upper and lower halves and must be
   3-14  secured by a dead-bolt lock;
   3-15                    (F)  garage doors must be equipped with
   3-16  key-operated locking devices; and
   3-17                    (G)  windows must be secured by auxiliary locking
   3-18  devices; or
   3-19              (2)  is equipped with an electronic burglar alarm that
   3-20  meets the following requirements:
   3-21                    (A)  all exterior entry doors, including a door
   3-22  from the garage to the interior of the house and all hatches for
   3-23  the attic and basement, <structure openings> are protected by
   3-24  magnetic contacts except that magnetic contacts are not required on
   3-25  the garage door <contacted>;
   3-26                    (B)  all exterior windows are protected by one of
   3-27  the following:
    4-1                          (i)  magnetic contacts;
    4-2                          (ii)  an alarm screen; or
    4-3                          (iii)  a motion detector in the immediate
    4-4  vicinity of each exterior window;
    4-5                    (C)  the system includes a siren audible inside
    4-6  the house <an interior> and, except where prohibited under an
    4-7  ordinance or other law finally adopted by the governing body of a
    4-8  local government, a <exterior> siren audible outside of the house;
    4-9                    (D) <(C)>  all equipment, except for sirens, is
   4-10  U.L. or Factory Mutual Research Corporation (FM) listed, <approved>
   4-11  and the burglar alarm system is monitored by a U.L. listed
   4-12  <approved> central station;
   4-13                    (E)  the system includes a backup battery; and
   4-14                    (F)  all equipment <(D)> sales, service,
   4-15  installation, and monitoring of the system are <done> in compliance
   4-16  with the Private Investigators and Private Security Agencies Act
   4-17  (Article 4413(29bb), Vernon's Texas Civil Statutes).
   4-18        SECTION 6.  Section 7, Article 5.33A, Insurance Code, is
   4-19  amended to read as follows:
   4-20        Sec. 7.  Duties of the Commission.  The commission shall
   4-21  establish standards for the inspection program under Section 2(1)
   4-22  of this article, shall adopt rules to carry out the inspection
   4-23  program, and shall certify inspectors who do the inspections,
   4-24  except such certificate shall be limited to the specification set
   4-25  forth in Section 6 hereof for which the inspector has received
   4-26  instruction under Section 8(b)(3) hereof.
   4-27        SECTION 7.  Subsection (a), Section 8, Article 5.33A,
    5-1  Insurance Code, is amended to read as follows:
    5-2        (a)  Before a person may conduct an inspection required under
    5-3  Section 2(1) of this article <act as an inspector>, that person
    5-4  must apply for and receive certification from the commission and
    5-5  must meet the qualifications stated in Subsection (b) of this
    5-6  section.
    5-7        SECTION 8.  This Act takes effect September 1, 1995, and
    5-8  applies only to an insurance policy that is delivered, issued for
    5-9  delivery, or renewed on or after January 1, 1996.  A policy that is
   5-10  delivered, issued for delivery, or renewed before January 1, 1996,
   5-11  is governed by the law as it existed immediately before the
   5-12  effective date of this Act, and that law is continued in effect for
   5-13  that purpose.
   5-14        SECTION 9.  The importance of this legislation and the
   5-15  crowded condition of the calendars in both houses create an
   5-16  emergency and an imperative public necessity that the
   5-17  constitutional rule requiring bills to be read on three several
   5-18  days in each house be suspended, and this rule is hereby suspended.