By Lucio S.B. No. 1640 74R9515 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the provision by employers of security measures to 1-3 protect employees and customers at certain retail establishments. 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. EMPLOYER-PROVIDED 1-8 SECURITY MEASURES 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 and other products and services, including: 1-14 (i) prepared foods; 1-15 (ii) household items and toiletries; and 1-16 (iii) gasoline and services; 1-17 (B) is regularly open for business between the 1-18 hours of 10 p.m. and 5 a.m.; and 1-19 (C) is not primarily a restaurant. 1-20 (2) "Department" means the Department of Public Safety 1-21 of the State of Texas. 1-22 Sec. 96.002. SECURITY MEASURES. (a) An employer of 1-23 personnel at a convenience store may provide the following measures 1-24 for the security of employees and customers: 2-1 (1) video surveillance equipment that is maintained in 2-2 working order and operated continuously during the hours of 2-3 operation of the store; 2-4 (2) a sign, with lettering at least three-fourths inch 2-5 in height, posted in the store's window stating that the cash 2-6 register contains less than $50; 2-7 (3) a drop-safe or time-release safe maintained at the 2-8 store that is bolted to the floor, is installed in the floor, or 2-9 weighs 500 pounds or more; 2-10 (4) a sign, with lettering at least three-fourths inch 2-11 in height, posted in the store's window stating that there is a 2-12 safe in the store and stating: 2-13 (A) that the safe is not accessible to the 2-14 store's employees; or 2-15 (B) if the safe is a time-release safe and store 2-16 employees have access to the safe at time-delayed intervals, that 2-17 employees have access to limited amounts of cash only at 2-18 time-delayed intervals; 2-19 (5) interior and exterior lighting in each area of the 2-20 premises that is intended for customer access and controlled by the 2-21 employer, with an illumination intensity maintained at at least two 2-22 foot-candles per square foot at 36 inches above the surface of the 2-23 lighted area; and 2-24 (6) markers at the entrance of the store that indicate 2-25 the height of a person entering the store. 2-26 (b) An employer who elects to comply with the security 2-27 measures described by Subsection (a) shall conduct business in the 3-1 convenience store in a manner that provides clear visibility into 3-2 the store from the street and shall locate the sales area of the 3-3 store in a manner that provides full visibility from the street of 3-4 the clerk and customer during a sales transaction at the cash 3-5 register or checkout counter. 3-6 Sec. 96.003. TRAINING PROGRAM; DEPARTMENT APPROVAL. (a) An 3-7 employer who elects to comply with the security measures described 3-8 by Subsection (a) shall instruct each employee in security 3-9 techniques in a training program conducted by the employer that is 3-10 approved by the department under Subsection (b). The employer 3-11 shall instruct a new employee not later than the 30th day after the 3-12 date on which the person begins the employment. 3-13 (b) An employer may apply to the department, in the manner 3-14 prescribed by the department, for evaluation of the employer's 3-15 training program. The department may assess a $25 fee for 3-16 evaluation of a training program under this section. The 3-17 department shall notify the employer whether the program is 3-18 approved by the department not later than the 14th day after the 3-19 date on which the application is received by the department. 3-20 (c) An approval by the department of an employer's training 3-21 program is effective until the second anniversary of the date on 3-22 which the approval is granted unless the department finds that the 3-23 employer has not complied with the conditions on which the approval 3-24 was granted. 3-25 (d) The department shall provide an employer whose training 3-26 program is approved with a sign that may be posted at the 3-27 convenience store that indicates that the store's employees are 4-1 instructed and trained in security techniques. 4-2 Sec. 96.004. AFFIRMATIVE DEFENSE: EVIDENCE OF SAFETY 4-3 MEASURES. It is an affirmative defense in a cause of action that 4-4 alleges that a person failed to provide adequate safety measures 4-5 for the convenience store's customers and employees that, at the 4-6 time of the incident that is the basis for the cause of action: 4-7 (1) all of the security measures described by Section 4-8 96.002 were in place at the store; and 4-9 (2) the employees of the store had been instructed in 4-10 security techniques in a training program approved by the 4-11 department under this chapter. 4-12 Sec. 96.005. RESTRICTIONS ON APPLICATION. (a) This chapter 4-13 does not apply to a cause of action based on product liability. 4-14 (b) This chapter does not apply to an action brought by an 4-15 employee or a legal beneficiary of an employee under Subtitle A, 4-16 Title 5, Labor Code (Texas Workers' Compensation Act). 4-17 Sec. 96.006. STATEWIDE APPLICATION. This chapter 4-18 establishes a statewide policy for security programs in convenience 4-19 stores for the protection of employees and customers. A political 4-20 subdivision of this state may not limit or expand the requirements 4-21 for those security programs in a manner that affects the 4-22 affirmative defense accorded to employers who comply with the 4-23 requirements of this chapter. 4-24 SECTION 2. This Act takes effect September 1, 1995, and 4-25 Chapter 96, Civil Practice and Remedies Code, as added by this Act, 4-26 applies only to a cause of action that accrues on or after January 4-27 1, 1996. A cause of action that accrues before that date is 5-1 governed by the law in effect on the date that the cause accrued, 5-2 and the former law is continued in effect for that purpose. 5-3 SECTION 3. The importance of this legislation and the 5-4 crowded condition of the calendars in both houses create an 5-5 emergency and an imperative public necessity that the 5-6 constitutional rule requiring bills to be read on three several 5-7 days in each house be suspended, and this rule is hereby suspended.