By Smith                                        H.B. No. 1561

      75R5337 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the 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.  Chapter 218, Local Government Code, is amended by

 1-6     adding Section 218.0015 to read as follows:

 1-7           Sec. 218.0015.  TYPES OF ALARM SYSTEMS.  (a)  A municipality

 1-8     that adopts an ordinance under this chapter may distinguish between

 1-9     a residential alarm system and a business establishment alarm

1-10     system in the assessment of a permit fee as provided by Section

1-11     218.004 and the assessment of a penalty or fee for responding to a

1-12     false alarm as provided by Section 218.007.

1-13           (b)  The municipality shall distinguish between residential

1-14     and business establishment alarm systems based on the use of the

1-15     property.

1-16           SECTION 2.  Section 218.004, Local Government Code, is

1-17     amended to read as follows:

1-18           Sec. 218.004.  FEE FOR MUNICIPAL PERMIT.  If a municipality

1-19     adopts an ordinance that requires a person to pay an annual fee to

1-20     obtain a permit from the municipality before the person may use an

1-21     alarm system in the municipality, the fee may not exceed:

1-22                 (1)  [the rate of] $50 a year for a residential alarm

1-23     system; or

1-24                 (2)  $200 a year for a business establishment alarm

 2-1     system.

 2-2           SECTION 3.  Section 218.007, Local Government Code, is

 2-3     amended by amending Subsection (b) and adding Subsection (c) to

 2-4     read as follows:

 2-5           (b)  A penalty or fee imposed for a false alarm must be

 2-6     established by ordinance based on the type and level of emergency

 2-7     response provided.  This fee may not exceed:

 2-8                 (1)  $50 for a false alarm generated by a residential

 2-9     alarm system; or

2-10                 (2)  $200 for a false alarm generated by a business

2-11     establishment alarm system [in the case of the category of burglar

2-12     alarms].

2-13           (c)  The penalty or fee for a false alarm may not exceed the

2-14     actual expenses incurred for the response.

2-15           SECTION 4.  Chapter 237, Local Government Code, is amended by

2-16     adding Section 237.0015 to read as follows:

2-17           Sec. 237.0015.  TYPES OF ALARM SYSTEMS.  (a)  A commissioners

2-18     court that adopts an order under this chapter may distinguish

2-19     between a residential alarm system and a business establishment

2-20     alarm system in the assessment of a permit fee as provided by

2-21     Section 237.004 and the assessment of a penalty or fee for

2-22     responding to a false alarm as provided by Section 237.002.

2-23           (b)  The commissioners court shall distinguish between

2-24     residential and business establishment alarm systems based on the

2-25     use of the property.

2-26           SECTION 5.  Section 237.002(c), Local Government Code, is

2-27     amended to read as follows:

 3-1           (c)  A penalty or fee imposed for a false alarm must be

 3-2     established by rule based on the type and level of emergency

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

 3-4     not exceed $75 for a [per] false alarm generated by a residential

 3-5     alarm system or $200 for a false alarm generated by a business

 3-6     establishment alarm system [above the number of free responses].

 3-7     If there are more than nine false alarms in a one-year period, the

 3-8     alarm system permit may be revoked.

 3-9           SECTION 6.  Section 237.004(a), Local Government Code, is

3-10     amended to read as follows:

3-11           (a)  The sheriff of a county who regulates alarm systems

3-12     under this chapter may authorize the county auditor to assess and

3-13     collect fees for the issuance or renewal of a permit under this

3-14     chapter in reasonable amounts set by the commissioners court.  A

3-15     fee assessed under this subsection may not exceed:

3-16                 (1)  $50 a year for a residential alarm system; or

3-17                 (2)  $200 a year for a business establishment alarm

3-18     system.

3-19           SECTION 7.  The importance of this legislation and the

3-20     crowded condition of the calendars in both houses create an

3-21     emergency and an imperative public necessity that the

3-22     constitutional rule requiring bills to be read on three several

3-23     days in each house be suspended, and this rule is hereby suspended.