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.