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.