75R12008 PAM-D                           

         By Smith                                              H.B. No. 1561

         Substitute the following for H.B. No. 1561:

         By Ehrhardt                                       C.S.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.  PERFORMANCE STANDARDS [TERMINATION AND

1-14     DISCRIMINATION].  (a)  [Except as provided in Subsection (d)  of

1-15     this section, a municipality may not terminate its law enforcement

1-16     response to a permit holder because of excess false alarms if the

1-17     false alarm fees are paid in full.]

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

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

1-20     fair and equitable basis as determined by the governing body.]

1-21           [(c)  A municipality may not terminate an alarm permit for

1-22     nonrenewal without providing at least 30 days' notice.]

1-23           [(d)]  A municipality may set performance standards for alarm

1-24     systems to be permitted [and may refuse to permit particular

 2-1     systems which in its discretion have a history of unreliability].

 2-2           (b)  A performance standard is the number of false alarms

 2-3     allowed before the municipality may suspend or revoke a permit.

 2-4           (c)  The municipality may not set a performance standard that

 2-5     would allow fewer than eight false alarms in a 12-month period.

 2-6           SECTION 3.  Section 218.006, Local Government Code, is

 2-7     amended to read as follows:

 2-8           Sec. 218.006.  FALSE ALARM EXEMPTIONS [ON-SITE INSPECTION

 2-9     REQUIRED].  A municipality may not consider a false  alarm to have

2-10     occurred unless a response is made by an agency of the municipality

2-11     within 30 minutes of the alarm notification and the agency

2-12     determines from an inspection of the interior or exterior of the

2-13     premises that the alarm was false.

2-14           SECTION 4.  Section 218.007, Local Government Code, is

2-15     amended to read as follows:

2-16           Sec. 218.007.  PENALTIES, SUSPENSION, REVOCATION, AND

2-17     TERMINATION [PENALTY LIMITATIONS].  (a)  During any preceding

2-18     12-month period a permit is effective:

2-19                 (1)  a [A] municipality may not impose a [penalty or]

2-20     fee for the signaling of a false alarm [by a burglar alarm system]

2-21     unless three [at least  five] other false alarms have occurred;

2-22                 (2)  a municipality may impose a fee of not more than

2-23     $50 for the signaling of a false alarm after the third false alarm;

2-24     and

2-25                 (3)  a municipality may suspend or revoke an alarm

2-26     system permit for the signaling of a false alarm after the alarm

2-27     system has signaled the number of false alarms permitted by the

 3-1     municipal performance standard under Section 218.005 [during the

 3-2     preceding 12-month period].

 3-3           (b)  A municipality may terminate its law enforcement

 3-4     response to an alarm system if:

 3-5                 (1)  the person is operating the alarm system without a

 3-6     required permit;

 3-7                 (2)  the person is operating the alarm system during

 3-8     the period in which a permit is suspended or revoked; or

 3-9                 (3)  the person has not paid a false alarm fee assessed

3-10     under this section.

3-11           (c)  The municipality shall notify the permit holder of an

3-12     alarm system by certified mail of the suspension or revocation of a

3-13     permit or the termination of law enforcement response to an alarm

3-14     system immediately after the municipality suspends or revokes the

3-15     permit or terminates law enforcement response to the alarm system.

3-16     [A penalty or fee imposed for a false alarm must be established by

3-17     ordinance based on the type and level of emergency response

3-18     provided.  This fee may not exceed $50 in the case of the category

3-19     of burglar alarms.  The penalty or fee for a false alarm may not

3-20     exceed the actual expenses incurred for the response.]

3-21           SECTION 5.  Chapter 218, Local Government Code, is amended by

3-22     adding Sections 218.008, 218.009, and 218.010 to read as follows:

3-23           Sec. 218.008.  APPEAL OF SUSPENSION OR REVOCATION.  (a)  The

3-24     permit holder of an alarm system may appeal the suspension or

3-25     revocation of a permit by submitting a written request for an

3-26     appeal to the municipality.

3-27           (b)  A municipality that adopts an ordinance regulating alarm

 4-1     systems under this chapter shall adopt procedures for a permit

 4-2     holder to appeal the suspension or revocation of a permit under

 4-3     this chapter.  The procedure must provide the permit holder with

 4-4     notice and an opportunity to be heard.

 4-5           Sec. 218.009.  REINSTATEMENT.  (a)  The municipality may

 4-6     reinstate a permit suspended under Section 218.007(a).

 4-7           (b)  If the municipality reinstates an alarm system permit as

 4-8     provided by this section, the municipality may revoke  the permit

 4-9     after the signaling of two false alarms within 180 days after the

4-10     date the permit is reinstated.

4-11           Sec. 218.010.  LIABILITY FOR DAMAGES.  The municipality and

4-12     the company that provides alarm system services are not liable for

4-13     damages resulting from the failure of municipal law enforcement to

4-14     respond to an alarm system if the permit for the alarm system has

4-15     been suspended or revoked as provided by Section 218.007.

4-16           SECTION 6.  Section 237.002, Local Government Code, is

4-17     amended to read as follows:

4-18           Sec. 237.002.  AUTHORITY TO REGULATE; ADOPTION OF RULES.

4-19     (a)  The commissioners court of a county by order may authorize the

4-20     sheriff of a county to:

4-21                 (1)  propose rules to implement this chapter;

4-22                 (2)  regulate the incidence of and response to false

4-23     alarms in accordance with the rules proposed by the sheriff and

4-24     adopted or modified by the commissioners court under this chapter;

4-25                 (3)  establish procedures for application for and

4-26     renewal, suspension, termination, and revocation of an alarm system

4-27     permit;

 5-1                 (4)  establish procedures that include notice to the

 5-2     permit holder and an opportunity for a hearing for permit

 5-3     revocation or suspension if the permit holder violates this chapter

 5-4     or an order of the commissioners court or a rule adopted under this

 5-5     chapter;

 5-6                 (5)  establish fees in accordance with this chapter for

 5-7     the issuance of the permits;

 5-8                 (6)  require that any permit issued under this chapter

 5-9     be kept at the alarm site and produced for inspection on request of

5-10     the sheriff or the sheriff's representative;

5-11                 (7)  require that a permit must be issued and be

5-12     unsuspended and unrevoked before a sheriff or other law enforcement

5-13     official may respond; and

5-14                 (8)  establish a number of free false alarms for each

5-15     category of alarm system and impose a service response fee for any

5-16     alarm in excess of the number of free responses within the

5-17     preceding 12-month period.

5-18           (b)  [A county may not impose a penalty or fee for the

5-19     signaling of a false alarm by an alarm system unless five other

5-20     false alarms have occurred within the preceding 12-month period.]

5-21           [(c)  A penalty or fee imposed for a false alarm must be

5-22     established by rule based on the type and level of emergency

5-23     response provided.  The fee for more than five false alarms shall

5-24     not exceed $75 per false alarm above the number of free responses.

5-25     If there are more than nine false alarms in a one-year period, the

5-26     alarm system permit may be revoked.]

5-27           [(d)]  Notwithstanding the other provisions of this section,

 6-1     the owner or lessee of premises on which an alarm system is

 6-2     installed may be charged the full costs incurred by the county when

 6-3     the owner or lessee or the agent or employee of the owner or lessee

 6-4     intentionally or knowingly activates the alarm system for any

 6-5     reason other than an emergency or threat of an emergency of the

 6-6     kind for which the alarm system was designed to give notice.

 6-7           (c) [(e)]  The sheriff or the sheriff's representative shall

 6-8     provide a copy of the rules to a person and assess a fee for the

 6-9     copy in accordance with Chapter 552, Government Code.

6-10           SECTION 7.  Chapter 237, Local Government Code, is amended by

6-11     adding Sections 237.0021-237.0025 to read as follows:

6-12           Sec. 237.0021.  PERFORMANCE STANDARDS.  (a)  The

6-13     commissioners court of a county may set performance standards for

6-14     alarm systems to be permitted.

6-15           (b)  A performance standard is the number of false alarms

6-16     allowed before the county may suspend or revoke the permit.  The

6-17     commissioners court may not set a performance standard that would

6-18     allow fewer than eight false alarms in a 12-month period.

6-19           Sec. 237.0022.  FALSE ALARM EXEMPTIONS.  A county may not

6-20     consider a false alarm to have occurred unless a response is made

6-21     by an agency of the county within 30 minutes of the alarm

6-22     notification and the agency determines from an inspection of the

6-23     interior or exterior of the premises that the alarm was false.

6-24           Sec. 237.0023.  PENALTIES, SUSPENSION, REVOCATION, AND

6-25     TERMINATION.  (a)  During any preceding 12-month period a permit is

6-26     effective:

6-27                 (1)  a county may not impose a fee for the signaling of

 7-1     a false alarm unless three other false alarms have occurred;

 7-2                 (2)  a county may impose a fee of not more than $50 for

 7-3     the signaling of a false alarm after the third false alarm; and

 7-4                 (3)  a county may suspend or revoke an alarm system

 7-5     permit for the signaling of a false alarm after the alarm system

 7-6     has signaled the number of false alarms permitted by the county

 7-7     performance standard under Section 237.0021.

 7-8           (b)  A county may terminate its law enforcement response to

 7-9     an alarm system if:

7-10                 (1)  the person is operating the alarm system without a

7-11     required permit;

7-12                 (2)  the person is operating the alarm system during

7-13     the period in which a permit is suspended or revoked; or

7-14                 (3)  the person has not paid a false alarm fee assessed

7-15     under this section.

7-16           (c)  The county shall notify the permit holder of an alarm

7-17     system by certified mail of the suspension or revocation of a

7-18     permit or the termination of law enforcement response to an alarm

7-19     system immediately after the county suspends or revokes the permit

7-20     or terminates law enforcement response to the alarm system.

7-21           Sec. 237.0024.  APPEAL OF SUSPENSION OR REVOCATION.  (a)  The

7-22     permit holder of an alarm system may appeal the suspension or

7-23     revocation of a permit by submitting a written request for an

7-24     appeal to the commissioners court of the county.

7-25           (b)  A county that authorizes the regulation of alarm systems

7-26     under this chapter shall adopt procedures for a permit holder to

7-27     appeal the suspension or revocation of a permit under this chapter.

 8-1     The procedure must provide the permit holder with notice and an

 8-2     opportunity to be heard.

 8-3           Sec. 237.0025.  REINSTATEMENT.  (a)  The county may reinstate

 8-4     a permit suspended under Section 237.0023(a).

 8-5           (b)  If the county reinstates an alarm system permit as

 8-6     provided by this section, the county may revoke the permit after

 8-7     the signaling of two false alarms within 180 days after the date

 8-8     the permit is reinstated.

 8-9           SECTION 8.  Section 237.007, Local Government Code, is

8-10     amended to read as follows:

8-11           Sec. 237.007.  [COUNTY] LIABILITY. (a)  The county, the

8-12     commissioners court, the sheriff, and the sheriff's  employees or

8-13     agents are not liable for an action arising out of the regulation

8-14     of or failure to regulate alarm systems.

8-15           (b)  The county, the commissioners court, the sheriff, the

8-16     sheriff's employees or agents, and the company that provides alarm

8-17     system services are not liable for damages resulting from the

8-18     failure of law enforcement to respond to an alarm system if the

8-19     permit for the alarm system has been suspended or revoked as

8-20     provided by Section 237.0023.

8-21           SECTION 9.  The importance of this legislation and the

8-22     crowded condition of the calendars in both houses create an

8-23     emergency and an imperative public necessity that the

8-24     constitutional rule requiring bills to be read on three several

8-25     days in each house be suspended, and this rule is hereby suspended.