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.