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.