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Amend Floor Amendment No.1 to CSSB 22 as follows:
(1) In the recital to the section of the bill adding Section 1702.005, Occupations Code, strike "Section 1702.005" and
substitute "Sections 1702.005 and 1702.006".
(2) In the section of the bill adding Section 1702.005,
Occupations Code, following that proposed section, insert the
following:
Sec. 1702.006. TEXAS DEPARTMENT OF HEALTH. (a) In this
section, "personal emergency response system" means an alarm system
that is:
(1) installed in the residence of a person;
(2) monitored by an alarm systems company; and
(3) designed to permit the person to signal the
occurrence of a medical emergency on the part of the person so that
the company may dispatch appropriate aid.
(b) Notwithstanding the other provisions of this chapter,
the Texas Department of Health shall administer the provisions of
this chapter that are applicable to the following persons who
provide services subject to regulation under this chapter only in
connection with personal emergency response systems:
(1) an alarm systems company;
(2) an alarm systems installer;
(3) an alarm systems monitor;
(4) a manager or branch office manager; and
(5) a security salesperson.
(c) A reference in this chapter or another law to the Texas
Commission on Private Security in connection with a person
described by Subsection (b) means the Texas Department of Health.
(3) In the nonamendatory section of the bill relating to the
transfer of functions, activities, and other matters from the Texas
Commission on Private Security to the Texas Private Security Board
of the Department of Public Safety of the State of Texas, strike
Subsections (a) and (b) of the section and substitute the
following:
(a) On January 1, 2004:
(1) all functions and activities performed by the
Texas Commission on Private Security immediately before that date
are transferred to the Texas Private Security Board of the
Department of Public Safety of the State of Texas or the Texas
Department of Health, as applicable;
(2) a rule or form adopted by the Texas Commission on
Private Security is a rule or form of the Texas Private Security
Board or the Texas Department of Health, as applicable, and remains
in effect until amended or replaced by that board or department;
(3) a reference in law or an administrative rule to the
Texas Commission on Private Security means the Texas Private
Security Board or the Texas Department of Health, as applicable;
(4) a complaint, investigation, or other proceeding
before the Texas Commission on Private Security is transferred
without change in status to the Texas Private Security Board or the
Texas Department of Health, as determined by a memorandum of
understanding between the Department of Public Safety of the State
of Texas and the Texas Department of Health, and the Texas Private
Security Board or the Texas Department of Health, as applicable,
assumes, as appropriate and without a change in status, the
position of the Texas Commission on Private Security in an action or
proceeding to which the Texas Commission on Private Security is a
party;
(5) all property in the custody of the Texas
Commission on Private Security is transferred to the Texas Private
Security Board or the Texas Department of Health, as determined by a
memorandum of understanding between the Department of Public Safety
of the State of Texas and the Texas Department of Health; and
(6) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Commission on
Private Security is transferred to the Texas Private Security Board
or the Texas Department of Health, as determined by a memorandum of
understanding between the Department of Public Safety of the State
of Texas and the Texas Department of Health.
(b) Before January 1, 2004, the Texas Commission on Private
Security may agree with the Department of Public Safety of the State
of Texas and the Texas Department of Health to transfer any property
of the Texas Commission on Private Security to the Department of
Public Safety of the State of Texas or the Texas Department of
Health to implement the transfer required by this article.