C.S.H.B. 3236 78(R)BILL ANALYSIS
C.S.H.B. 3236
By: Smith, Todd
Urban Affairs
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Currently municipalities are allowed to require that a person pay an
annual fee of no more than $50 per year in order to obtain a permit from
that municipality before the person may use an alarm system in the
municipality. Municipalities are not allowed to impose penalties or fees
for the signaling of a false alarm unless five other false alarms have
occurred during the preceding 12-month period. These penalties must be
established by ordinance and may not exceed $50 in the case of the
category of burglar alarms or may not exceed the actual expenses incurred
for the response.
Committee Substitute House Bill 3236 would allow for municipalities to
charge an annual permit fee for an alarm system of $50 per year for a
residential and $100 a year for a commercial location. It also allows
municipalities to permit individual residential locations in multi-unit
housing facilities. In addition, penalties for false alarms would be
allowed after three other false alarms have occurred during the preceding
12-month period. The amounts for these penalties are $50 if the location
has had more than three but fewer than six, $75 for more than five but
fewer than eight and $100 if the location has had eight or more other
false alarms in the preceding 12-month period. C.S.H.B. 3236 also allows
municipalities to not respond to the signaling of an alarm if a permit has
not been obtained as required by the municipality (or has been revoked)
and that municipalities are not liable for damages relating to the cause
of the alarm system signal. Municipalities would be allowed to require
verification with the occupant of the alarm system location twice before
the municipality responds to the alarm system signal. C.S.H.B. 3236 also
requires alarm systems installers to distribute information to the
occupant of the alarm system location on the laws relating to false
alarms, how to prevent false alarms, and how to operate the alarm system.
They shall also notify the municipality in which the system is located of
an installation or activation of the system not later than the 30th day
after the date of the installation or activation by providing the alarm
systems company name, the alarm systems company license number, the name
of the occupant of the alarm system location, the address of the alarm
system location, and the date of installation or activation. The
information gathered under this statute is confidential.
RULEMAKING AUTHORITY
It is the opinion of this committee 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. Section 214.194, Local Government Code, FEE FOR MUNICIPAL
PERMIT, is amended to allow municipalities to adopt an ordinance that
requires that a person pay an annual fee to obtain a permit from the
municipality before the person may use an alarm system in the
municipality, the fee may not exceed the rate of:
(1) $50 a year for a residential location; and
(2) $100 a year for a commercial location.
SECTION 2. Amends Section 214.195, Local Government code by amending
Susbections (a) and (d) and adding Subsections (e) and (f) as follows:
(a) Municipalities are not allowed to terminate law enforcement response
to a residential or commercial location.
(d) Municipalities are allowed to revoke a permit or to refuse to permit
particular systems that have had eight or more false alarms during the
preceding 12-month period.
(e) Municipalities that require that an alarm system permit are allowed
to terminate their law enforcement response to a residential or commercial
location if a permit has not been obtained for that property or if the
permit is revoked or refused under Subsection (d).
(f) Municipalities that do not respond to the signaling of an alarm as
described under Subsection (e) are not liable for damages that may occur
relating to the cause of the alarm system signal.
SECTION 3. Amends Subchapter F, Chapter 214, Local Government Code by
adding Section 214.1955, MULTI-UNIT HOUSING FACILITIES, as follows:
(a) Prohibits municipalities from refusing to issue alarm system permits
for residential locations solely because the residential location is an
individual residential unit located in a multi-unit housing facility.
(b) Requires municipalities to issue the permit for an individual
residential unit of a multiunit housing facility to the person occupying
the individual residential unit.
(c) Allows municipalities to impose penalties under Section 214.197 for
the signaling of false alarms on the premises of a multi-unit housing
facility for a facility other than an individual residential unit only if
the permit holder is notified of:
(1) the date of the signaling of the false alarm;
(2) the address of the multi-unit housing facility where the false alarm
signaling occurred; and
(3) the identification of the individual facility, if applicable, located
on the multi-unit housing facility premises where the signaling of the
false alarm occurred.
SECTION 4. Amends Section 214.197, Local Government Code, as follows:
PENALTIES FOR FALSE ALARMS. Municipalities are allowed to impose
penalties for the signaling of a false alarm by a burglar alarm system if
at least three (formerly five) other false alarms have occurred during the
preceding 12-month period. The amount of the penalty for the signaling of
a false alarm as described by Section 214.196 may not exceed:
(1) $50 if the location has had more than three but fewer than six other
false alarms in the preceding 12-month period;
(2) $75 if the location has had more than five but fewer than eight other
false alarms in the preceding 12-month period; or
(3) $100 if the location has had eight or more other false alarms in the
preceding 12month period.
SECTION 5. Amends Subchapter F, Chapter 214, Local Government Code, by
adding Section 214.198 as follows:
VERIFICATION. Municipalities may require an alarm system monitor to
attempt contact with the occupant of the alarm system location twice
before the municipality responds to the alarm system signal.
SECTION 6. Amends Subchapter L, Chapter 1702, Occupations Code by adding
Section 1702.286 as follows:
DUTIES OF ALARM SYSTEMS COMPANY. (a) On the installation or activation
of an alarm system, an alarm systems installer shall distribute to the
occupant of the alarm system location information summarizing:
(1) the applicable law relating to false alarms, including the potential
for penalties and revocation or suspension of a permit;
(2) how to prevent false alarms; and
(3) how to operate the alarm system.
(b) An alarm systems installer shall notify the municipality in which the
alarm system is located of an installation or activation of an alarm
system not later than the 30th day after the date of the installation or
activation. The installer shall provide the alarm systems company name,
the alarm systems company license number, the name of the occupant of the
alarm system location, the address of the alarm system location, and the
date of the installation or activation.
(c) The information provided to a governmental body under this section is
confidential and subject to disclosure only as provided under Section
1702.284.
SECTION 6. Section 1702.286, Occupations Code, as added by this Act,
applies only to an alarm system installed or activated on or after January
1, 2004.
SECTION 7. Effective date.
EFFECTIVE DATE
September 1, 2003.
COMPARISON OF SUBSTITUTE TO THE ORIGINAL
C.S.H.B.3236 moves the Sections around to the effect that it adds
amendments to Section 214.195 to allow for provisions for failure to
obtain an alarm permit instead of adding Section 214.1935, EFFECT OF NOT
OBTAINING PERMIT, as the original does.
The substitute also changes the fine amounts for false alarms from $50 for
more than three but fewer than six where previously it was more than one
and fewer than four other false alarms. It changes the fees to $75 for
more than five but fewer than eight other false alarms rather than for
four or more but fewer than six other false alarms and to $100 for more
than eight rather than six other false alarms.
C.S.H.B 3236 also moves the amount of false alarms allowed before
termination of a permit from Local Government Code Section 214.197, (b) to
Section 214.195 (d) Local Government Code and changes the amount before a
permit can be revoked from 6 to 8.
The substitute also moves provisions allowing municipalities that require
alarm system permits to terminate law enforcement response to a
residential or commercial location if a permit has not been obtained for
that property and removing them from liability for not responding from
Local Government Code, Section 214.1935 (a) and (b) to Local Government
Code, Section 214.195 (e) and (f).
The substitute adds Multi-Unit Housing Facilities to this bill. It states
that municipalities can not refuse to issue alarm system permits for
residential locations based solely on the fact that it is located in a
multi-unit housing facility. It also states that the permit must be
issued to the person occupying the individual residential unit and that a
municipality may impose penalties for a multi-unit housing facility other
than an individual residential unit only if the permit holder is notified
of the date of the signaling of the false alarm, the address of the
multi-unit housing facility where the signaling of the false alarm
occurred, and the identification of the individual facility, if
applicable, located on the multi-unit housing facility premises where the
signaling of the false alarm occurred.
C.S.H.B. 3236 also requires that the installer of an alarm system notify
the municipality of the alarm systems company name and the alarm systems
company license number in addition to the name of the occupant of the
alarm system location, the address of the alarm system location, and the
date of the installation or activation. It also changes the heading of
DUTIES OF ALARM SYSTEMS INSTALLER to DUTIES OF ALARM SYSTEMS COMPANY.