By Shapiro                                             S.B. No. 969
       74R6585 PAM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to municipal regulation of burglar alarm systems.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 218.005, Local Government Code, is
    1-5  amended to read as follows:
    1-6        Sec. 218.005.  Termination and Discrimination.  (a)  A
    1-7  <Except as provided in Subsection (d) of this section, a>
    1-8  municipality may <not>  terminate its law enforcement response to a
    1-9  permit holder  if the permit holder's alarm system has signaled
   1-10  nine false alarms during a 12-month period.  The municipality may
   1-11  not terminate law enforcement response or shall reinstate law
   1-12  enforcement response if the permit holder provides certification by
   1-13  a licensed alarm installer stating that the permit holder's alarm
   1-14  system has been inspected, that all components of the system are
   1-15  operating properly, and that persons operating the system have
   1-16  received additional training in the operation of the system.  If,
   1-17  after being certified as provided by this section, the alarm system
   1-18  signals three false alarms during a 12-month period, the
   1-19  municipality may discontinue law enforcement response for one year.
   1-20  <because of excess false alarms if the false alarm fees are paid in
   1-21  full.>
   1-22        (b)  In permitting free false alarm responses and in setting
   1-23  false alarm fees, a municipality must administer any ordinance on a
   1-24  fair and equitable basis as determined by the governing body.
    2-1        (c)  A municipality may not terminate law enforcement
    2-2  response under Subsection (a) without providing at least 15 days'
    2-3  notice.  A municipality may not terminate an alarm permit for
    2-4  nonrenewal without providing at least 30 days' notice.
    2-5        (d)  A municipality may set standards for systems to be
    2-6  permitted and may refuse to permit particular systems which in its
    2-7  discretion have a history of unreliability.  A municipality may
    2-8  refuse law enforcement response to a person who has an alarm system
    2-9  that does not have a permit.
   2-10        (e)  A municipality is not liable for its failure to respond
   2-11  to an alarm system that is not permitted or that has had law
   2-12  enforcement response terminated under Subsection (a).
   2-13        SECTION 2.  Section 218.007, Local Government Code, is
   2-14  amended to read as follows:
   2-15        Sec. 218.007.  Penalty Limitations.  (a)  A municipality may
   2-16  not impose a penalty or fee for the signaling of a false alarm by a
   2-17  burglar alarm system unless at least three <five> other false
   2-18  alarms have occurred during the preceding 12-month period.   For
   2-19  purposes of this subsection, the signaling of a false alarm is
   2-20  subject to this section only after the later of:
   2-21              (1)  the 15th day after the date the municipality
   2-22  issues a permit for the system; or
   2-23              (2)  the time the system is installed and operating.
   2-24        (b)  A penalty or fee imposed for a false alarm must be
   2-25  established by ordinance based on the type and level of emergency
   2-26  response provided.   In the case of the category of burglar alarms,
   2-27  the penalty or <This> fee may not exceed:
    3-1              (1)  $75 for the fourth through the ninth false alarm
    3-2  signaled;
    3-3              (2)  $100 for the 10th through the 14th false alarm
    3-4  signaled; and
    3-5              (3)  $125 for the 15th and each subsequent false alarm
    3-6  signaled.  <$50 in the case of the category of burglar alarms.  The
    3-7  penalty or fee for a false alarm may not exceed the actual expenses
    3-8  incurred for the response.>
    3-9        SECTION 3.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended.