JH C.S.H.B. 1561 75(R) BILL ANALYSIS URBAN AFFAIRS C.S.H.B. 1561 By: Smith 4-18-97 Committee Report (Substituted) BACKGROUND Chapter 218 of the Local Government Code was enacted in 1991 and is entitled Municipal Regulation of Burglar Alarm Systems. This chapter defines an alarm system to be one designed to prompt a law enforcement response to a burglary. The law provides that a municipal ordinance, if adopted, regulating burglary alarm systems allow for a one-year permit. An annual permit fee may not exceed $50. A $50 false alarm penalty may be posed for false alarm exceeding 5 during any 12-month period. Chapter 237 of the Local Government Code, also enacted in 1991, is entitled County Regulation of Alarm Systems, defined to include alarm devices for prevention of burglary, fire, and other emergencies. This law allows for the adoption of rules by the commissioners court for the regulation of alarm systems. Penalties for false alarms may be imposed for those exceeding 5 in number during a 12-month period; a $75 penalty may be imposed. Alarm system permit fees, in a reasonable amount determined by the commissioners court, may be collected by the county. A violation of a county alarm system rule may be punishable as a Class C misdemeanor. PURPOSE This legislation would establish restrictions on the regulation of alarm systems by both municipalities and counties, generally. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Makes grammatical correction in Local Government Code Section 218.003. SECTION 2. Repeals right of the alarm owner to continued law enforcement response so long as false alarm fees are paid. Repeals provision requiring 30-day notice before revocation of alarm permit. Permits municipality to adopt "performance standard" by which alarm permits may be suspended or revoked; standard must permit at least seven false alarms during 12-month period. SECTION 3. Changes heading of Local Government Code Section 218.006. SECTION 4. Amends Section 218.007 to permit false alarm penalties to be assessed for false alarms exceeding 3 in number; false alarm penalty may not exceed $50; alarm system permit may be revoked or suspended for false alarms exceeding those established by municipality's performance standard; allows termination of law enforcement response to alarms systems for those operating without a permit, those operating while permit is suspended or revoked, and those operating with unpaid false alarm fees. Requires notification by certified mail of municipality's intent to suspend or revoke. SECTION 5. Adds Sections 218.008, 218.009, 218.010 to establish procedures for the suspension or revocation of an alarm system permit. Allows reinstatement of suspended permits. Allows revocation of reinstated permits for false alarms exceeding two within six months after reinstatement; exempts municipality and alarm company from liability for non-response of law enforcement to suspended or revoked systems. SECTION 6. Amends Section 237.002 to permit counties to suspend or terminate alarm system permits. Repeals provision requiring five false alarms during a 12-month period before a county may impose penalty. Repeals penalty fee not to exceed $75. Repeals provision permitting revocation for more than 9 false alarms. SECTION 7. Permits commissioners court to adopt performance standards for false alarm systems allowing for 7 false alarms during a 12-month period. Adds provision that false alarms not responded to within 30 minutes shall not be considered as false alarm. Allows county penalty for false alarms exceeding 3 in number penalty. Penalty may not exceed $50. Permits county revocation or suspension of alarm systems failing county performance standard. Permits termination of county law enforcement response to alarm system to those operating without permit, those operating while permit is suspended or revoked, or those operating with unpaid fees. Requires notification by certified mail of suspended or revocation proceedings. Permits appeal to the commissioners court. Permits reinstatement of suspended permits and revocation of reinstated permits for false alarms exceeding 2 within 6 months of reinstatement. SECTION 8. Exempts county, commissioners court, sheriff, and alarm company from liability for failure to respond to alarms that are suspended or revoked. SECTION 9. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute : 1) Deletes from existing law 30-day notice requirement. 2) Deletes from the original bill a permissible distinction between residence and business properties as to permit fees and penalties. 3) Provides procedures, including appeals, for the revocation or suspension of alarm permits and the termination of law on response. 4) Permits adoption "performance standards" by cities and counties. 5) Lowers the number of false alarms triggering a penalty. 6) Generally, limits penalty fees for all false alarms (existing law limited to burglar alarms). 7) Permits discontinuance of law enforcement response if false alarm fees unpaid. 8) Permits revocation of reinstated permits for 2 false alarms within 180 days. 9) Adds non-liability provisions. 10) Deletes from existing law county provisions a $75 fee for false alarms exceeding 5, and revocation if exceeding 9.