By: Armbrister S.B. No. 1273
97S0734/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the sale of alarm products or services and burglary
1-2 detection devices.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 3A, Private Investigators
1-5 and Private Security Agencies Act (Article 4413 (29bb), Vernon's
1-6 Texas Civil Statutes), is amended to read as follows:
1-7 (a) Except as provided by Subsection (c) of this section,
1-8 the provisions of this Act do not apply to a person who sells
1-9 detection devices or other devices for preventing or detecting
1-10 burglary [in a person's residence] if:
1-11 (1) the person does not install, service, or maintain
1-12 detection devices;
1-13 (2) the person holds a valid seller's certificate
1-14 issued by the board;
1-15 (3) the person has, as a precedent for obtaining a
1-16 seller's certificate, submitted to the board an application for a
1-17 seller's certificate which shall include the person's full name,
1-18 residence telephone number, date and place of birth, and Social
1-19 Security number and two sets of classifiable fingerprints;
1-20 (4) the person has paid to the board a seller's
1-21 certificate fee as established by the board, but not to exceed $25,
1-22 which certificate shall be valid for a period of two years;
1-23 (5) there is filed with the board, either by the
2-1 manufacturer, distributor, or sellers of such devices, a
2-2 certificate evidencing insurance for liability for bodily injury or
2-3 property damage arising from faulty or defective products in an
2-4 amount not less than $1 million combined single limit, provided
2-5 that such policy of insurance need not relate exclusively to
2-6 burglary devices;
2-7 (6) there has been filed with the board, either by the
2-8 manufacturer, distributor, or sellers of such devices, a surety
2-9 bond executed by a surety company authorized to do business in this
2-10 state in the sum of $10,000 in favor of the State of Texas, and any
2-11 customer purchasing such devices in his home who does not receive
2-12 delivery of the devices in accordance with the contract or
2-13 agreement may bring an action against the bond to recover the down
2-14 payment or purchase price actually paid; and
2-15 (7) the person is not employed by a security services
2-16 contractor.
2-17 SECTION 2. This Act takes effect September 1, 1997.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.