1-1 By: Armbrister S.B. No. 1273
1-2 (In the Senate - Filed March 12, 1997; March 17, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 7, 1997, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; April 7, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the sale of alarm products or services and burglary
1-9 detection devices.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (a), Section 3A, Private Investigators
1-12 and Private Security Agencies Act (Article 4413 (29bb), Vernon's
1-13 Texas Civil Statutes), is amended to read as follows:
1-14 (a) Except as provided by Subsection (c) of this section,
1-15 the provisions of this Act do not apply to a person who sells
1-16 detection devices or other devices for preventing or detecting
1-17 burglary [in a person's residence] if:
1-18 (1) the person does not install, service, or maintain
1-19 detection devices;
1-20 (2) the person holds a valid seller's certificate
1-21 issued by the board;
1-22 (3) the person has, as a precedent for obtaining a
1-23 seller's certificate, submitted to the board an application for a
1-24 seller's certificate which shall include the person's full name,
1-25 residence telephone number, date and place of birth, and Social
1-26 Security number and two sets of classifiable fingerprints;
1-27 (4) the person has paid to the board a seller's
1-28 certificate fee as established by the board, but not to exceed $25,
1-29 which certificate shall be valid for a period of two years;
1-30 (5) there is filed with the board, either by the
1-31 manufacturer, distributor, or sellers of such devices, a
1-32 certificate evidencing insurance for liability for bodily injury or
1-33 property damage arising from faulty or defective products in an
1-34 amount not less than $1 million combined single limit, provided
1-35 that such policy of insurance need not relate exclusively to
1-36 burglary devices;
1-37 (6) there has been filed with the board, either by the
1-38 manufacturer, distributor, or sellers of such devices, a surety
1-39 bond executed by a surety company authorized to do business in this
1-40 state in the sum of $10,000 in favor of the State of Texas, and any
1-41 customer purchasing such devices in his home who does not receive
1-42 delivery of the devices in accordance with the contract or
1-43 agreement may bring an action against the bond to recover the down
1-44 payment or purchase price actually paid; and
1-45 (7) the person is not employed by a security services
1-46 contractor.
1-47 SECTION 2. This Act takes effect September 1, 1997.
1-48 SECTION 3. The importance of this legislation and the
1-49 crowded condition of the calendars in both houses create an
1-50 emergency and an imperative public necessity that the
1-51 constitutional rule requiring bills to be read on three several
1-52 days in each house be suspended, and this rule is hereby suspended.
1-53 * * * * *