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.