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.