By Smith                                              H.B. No. 1561

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to regulation of alarm systems by municipalities and

 1-3     counties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 218.003(a), Local Government Code, is

 1-6     amended to read as follows:

 1-7           (a)  If a municipality adopts an ordinance that requires a

 1-8     person to obtain a permit from the municipality before the [a]

 1-9     person may use an alarm system in the municipality, the ordinance

1-10     must provide that the permit is valid for at least one year.

1-11           SECTION 2.  Section 218.005, Local Government Code, is

1-12     amended to read as follows:

1-13           Sec. 218.005.  TERMINATION AND DISCRIMINATION.  (a)  [Except

1-14     as provided in Subsection (d) of this section, a municipality may

1-15     not terminate its law enforcement response to a permit holder

1-16     because of excess false alarms if the false alarm fees are paid in

1-17     full.]

1-18           [(b)]  In permitting free false alarm responses and in

1-19     setting false alarm fees, a municipality must administer any

1-20     ordinance on a fair and equitable basis as determined by the

1-21     governing body.

1-22           (b) [(c)]  A municipality may not terminate an alarm permit

1-23     for nonrenewal without providing at least 30 days' notice.

1-24           (c) [(d)]  A municipality may set standards for alarm systems

 2-1     to be permitted [and may refuse to permit particular systems which

 2-2     in its discretion have a history of unreliability].

 2-3           SECTION 3.  Section 218.006, Local Government Code, is

 2-4     amended to read as follows:

 2-5           Sec. 218.006.  FALSE ALARM EXEMPTIONS [ON-SITE INSPECTION

 2-6     REQUIRED].  A municipality may not consider a false alarm to have

 2-7     occurred unless a response is made by an agency of the municipality

 2-8     within 30 minutes of the alarm notification and the agency

 2-9     determines from an inspection of the interior or exterior of the

2-10     premises that the alarm was false.

2-11           SECTION 4.  Section 218.007, Local Government Code, is

2-12     amended to read as follows:

2-13           Sec. 218.007.  PENALTY LIMITATIONS.  (a)  During any

2-14     preceding 12-month period:

2-15                 (1)  a [A] municipality may not impose a [penalty or]

2-16     fee for the signaling of a false alarm [by a burglar alarm system]

2-17     unless [at least] five other false alarms have occurred; and

2-18                 (2)  a municipality may impose a fee of not more than

2-19     $100 each for the signaling of a false alarm after the fifth false

2-20     alarm [during the preceding 12-month period].

2-21           (b)  A municipality may terminate its law enforcement

2-22     response to an alarm system only if:

2-23                 (1)  the person is operating the alarm system without a

2-24     required permit; or

2-25                 (2)  the person has not paid a false alarm fee assessed

2-26     under this section.

2-27           (c)  The municipality shall notify the permit holder of an

 3-1     alarm system by certified mail of the termination of law

 3-2     enforcement response to an alarm system if law enforcement response

 3-3     is terminated because the person has not paid a false alarm fee

 3-4     assessed under this section.  The notice must be deposited in the

 3-5     mail and have a postmark that is not later than the 10th day before

 3-6     the date the termination is to take effect.  [A penalty or fee

 3-7     imposed for a false alarm must be established by ordinance based on

 3-8     the type and level of emergency response provided.  This fee may

 3-9     not exceed $50 in the case of the category of burglar alarms.  The

3-10     penalty or fee for a false alarm may not exceed the actual expenses

3-11     incurred for the response.]

3-12           SECTION 5.  Sections 237.002(b), (c), (d), and (e), Local

3-13     Government Code, are amended to read as follows:

3-14           (b)  [A county may not impose a penalty or fee for the

3-15     signaling of a false alarm by an alarm system unless five other

3-16     false alarms have occurred within the preceding 12-month period.]

3-17           [(c)  A penalty or fee imposed for a false alarm must be

3-18     established by rule based on the type and level of emergency

3-19     response provided.  The fee for more than five false alarms shall

3-20     not exceed $75 per false alarm above the number of free responses.

3-21     If there are more than nine false alarms in a one-year period, the

3-22     alarm system permit may be revoked.]

3-23           [(d)]  Notwithstanding the other provisions of this section,

3-24     the owner or lessee of premises on which an alarm system is

3-25     installed may be charged the full costs incurred by the county when

3-26     the owner or lessee or the agent or employee of the owner or lessee

3-27     intentionally or knowingly activates the alarm system for any

 4-1     reason other than an emergency or threat of an emergency of the

 4-2     kind for which the alarm system was designed to give notice.

 4-3           (c) [(e)]  The sheriff or the sheriff's representative shall

 4-4     provide a copy of the rules to a person and assess a fee for the

 4-5     copy in accordance with Chapter 552, Government Code.

 4-6           SECTION 6.  Chapter 237, Local Government Code, is amended by

 4-7     adding Section 237.0021 to read as follows:

 4-8           Sec. 237.0021.  PENALTY LIMITATIONS.  (a)  During any

 4-9     preceding 12-month period:

4-10                 (1)  a county may not impose a fee for the signaling of

4-11     a false alarm unless five other false alarms have occurred; and

4-12                 (2)  a county may impose a fee of not more than $100

4-13     each for the signaling of a false alarm after the fifth false

4-14     alarm.

4-15           (b)  A county may terminate its law enforcement response to

4-16     an alarm system only if:

4-17                 (1)  the person is operating the alarm system without a

4-18     required permit; or

4-19                 (2)  the person has not paid a false alarm fee assessed

4-20     under this section.

4-21           (c)  The county shall notify the permit holder of an alarm

4-22     system by certified mail of the termination of law enforcement

4-23     response to an alarm system if law enforcement response is

4-24     terminated because the person has not paid a false alarm fee

4-25     assessed under this section.  The notice must be deposited in the

4-26     mail and have a postmark that is not later than the 10th day before

4-27     the date the termination is to take effect.

 5-1           SECTION 7.  The importance of this legislation and the

 5-2     crowded condition of the calendars in both houses create an

 5-3     emergency and an imperative public necessity that the

 5-4     constitutional rule requiring bills to be read on three several

 5-5     days in each house be suspended, and this rule is hereby suspended.