JWW S.B. 691 75(R)BILL ANALYSIS PUBLIC SAFETY S.B. 691 By: Ratliff (Kuempel) 5-1-97 Committee Report (Amended) BACKGROUND In 1995, the 74th Legislature passed H.B. 713, relating to the regulation of private investigators and private security agencies, which included a last minute Senate amendment. The amendment provided that the definition of "detection device" should include any electronic device used to limit access by persons into building structures or gate compounds, including any control, communication, motion detector, door or window switch, card or proximity readers, push button key pad entry, gate entry device, door exit buttons, or similar device. With the addition of this amendment to the Private Investigators and Private Security Agencies Act, the law could be interpreted to force locksmiths to be licensed by the agency for installation of simple electronic locks. PURPOSE This bill clarifies the definitions of "alarm systems company" and "detection devices". 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. Amends Section 2, Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes), as follows: (5) This subdivision amends the definition of an "alarm systems company" to include persons who installs, services , monitors, or responds to alarms systems used to signal the presence of an emergency or other hazard requiring an urgent response by law enforcement or other emergency services. (33) This subdivision amends the definition of "detection device" to remove references to any electronic device designed to limit access into building structures or gate compounds. Examples of these detection devices are communications, motion detectors, door or window switches, card or proximity readers, push button key pad entries, gate entries, door exit buttons, controls, or similar devices. SECTION 2. Effective Date: September 1, 1997. SECTION 3. Emergency Clause. EXPLANATION OF AMENDMENTS Amendment #1 (1) Amendment #1 amends Subdivision (33) by removing the type-over which limits the definition of detection device. (2) Language is added to the end of Subdivision (33) which states that electronic devices which strictly limit access (and nothing more) are not included in the definition of a detection device.