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.