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.