HBA-NIK C.S.H.B. 3189 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3189 By: Driver Public Safety 4/22/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Licensed security firms often install standard residential burglar alarm systems, equipped with three button keypads that include police, fire, and medical "panic buttons." Under Article 5.43-2 (Fire Detection and Alarm Devices), Insurance Code, if a licensed security firm activates the fire alarm button on the keypad, the firm must also obtain a fire alarm license. To avoid this requirement, security firms sometimes disable the fire button. Homeowners who are unaware that the button has been disabled might erroneously believe they have summoned firefighters by pushing the button. C.S.H.B. 3189 exempts installers licensed under the Private Investigators and Private Security Agencies Act from the fire alarm licensing requirements when installing a fire alarm panic button in a one or two family dwelling, if the fire alarm signal is monitored by a registered fire alarm firm and the alarm is not initiated by a fire or smoke detection device. This bill also makes prohibitions relating to a political subdivision dealing with fire alarm or fire detection devices or systems. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3(b), Article 5.43-2, Insurance Code, to include among the enumerated persons to whom the licensing provisions of this article is prohibited from applying, a person or organization licensed to install or service burglar alarms under (Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act) that provides and installs in a single-family or two-family residence a combination keypad that includes a panic button to initiate a fire alarm signal if the fire alarm signal is monitored by a fire alarm firm registered under this article (Fire Detection and Alarm Devices), and is not initiated by any fire or smoke detection device. SECTION 2. Amends Section 7, Article 5.43-2, Insurance Code, to prohibit a political subdivision from selling, servicing, installing, or monitoring fire alarm or fire detection devices or systems or receiving fire alarm and supervisory signals unless the service, installation, monitoring, or receipt of signals is provided for property owned by the political subdivision. Provides that a law enforcement agency or fire department or a law enforcement officer or firefighter acting in an official capacity is not prohibited from responding to a fire alarm or detection device. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3189 modifies the original bill by redesignating SECTION 2 of the original bill to SECTION 3. The substitute adds a new Section 2 amending Section 7, Article 5.43-2, Insurance Code, to prohibit a political subdivision from selling, servicing, installing, or monitoring fire alarm or fire detection devices or systems or receiving fire alarm and supervisory signals unless the service, installation, monitoring, or receipt of signals is provided for property owned by the political subdivision. The substitute provides that a law enforcement agency or fire department or a law enforcement officer or firefighter acting in an official capacity is not prohibited from responding to a fire alarm or detection device. Section 7, Article 5.43-2, Insurance Code, was not addressed in original. C.S.H.B. 3189 modifies the original by redesignating SECTION 3 (emergency clause) of the original to SECTION 4.