C.S.S.B. 1252 78(R) BILL ANALYSIS
C.S.S.B. 1252
By: Armbrister
Law Enforcement
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Under current law, the alarm system industry is regulated under Chapter
1702 (Private Security) of the Occupations Code. However, the alarm
system industry has changed since the provisions to regulate this industry
were enacted. C.S.S.B. 1252 amends the Occupations Code to reflect
advances in security alarm system technology.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Commission on
Private Security in SECTION 10 (Section 1702.236, Occupations Code) and
SECTION 15 of the bill.
ANALYSIS
SECTION 1. Amends Section 1702.002, Occupations Code, as follows:
(a-1) Redefine "alarm system."
(a-6) Redefines "detection device."
(6-a) Defines "electronic access control device."
SECTION 2. Amends Subchapter D, Chapter 1702, Occupations Code, by adding
1702.0635, to prohibit the Texas Commission on Private Security
(commission) from adopting rules or from establishing unduly restrictive
experience or education requirements that limit a person's ability to be
licensed as an electronic access control device company or be registered
as an electronic access control device installer.
SECTION 3. Amends Subchapter F, Chapter 1702, Occupations Code, by adding
Section 1702.1025, as follows:
Sec. 1702.1025. ELECTRONIC ACCESS CONTROL DEVICE COMPANY LICENSE
REQUIRED; SCOPE OF LICENSE. (a) Prohibits a person from taking certain
actions, unless the person holds a license as an electronic access control
device company.
(b) Prohibits a person licensed as an electronic access control device
company from installing alarm systems unless otherwise licensed or
registered to install alarm systems under this chapter.
SECTION 4. Amends Sections 1702.103(a) and (b), Occupations Code, as
follows:
(a) Includes a new class of license classifications, Class D.
(b) Makes a conforming change.
SECTION 5. Amends Subchapter F, Chapter 1702, Occupations Code, by adding
Sections 1702.1055 and 1702.1056, as follows:
Sec. 1702.1055. ELECTRONIC ACCESS CONTROL DEVICE COMPANY. Provides that
a person acts as an electronic access control device company for the
purpose of this chapter if the person installs or maintains an electronic
access control device.
Sec. 1702.1056. LOCKSMITH COMPANY. Provides that a person acts as a
locksmith company for the purpose of this chapter if the person installs
and maintains mechanical security devices, including deadbolts and locks
and cuts keys for mechanical security devices. The person must advertise
services offered by the company using the term "locksmith" or include the
term "locksmith" in the company name.
SECTION 6. Updates outdated references to agencies and codes.
SECTION 7. Amends Section 1702.221, Occupations Code, to require an
individual to register with the commission as provided by commission rule
if the individual is employed as an electronic access control device
installer or locksmith.
SECTION 8. Amends Subchapter J, Chapter 1702, Occupations Code, by adding
Section 1702.2225, as follows:
Sec. 1702.2225. LOCKSMITH COMPANY REGISTRATION REQUIRED. Prohibits a
person from taking certain actions, unless the person is registered as a
locksmith company.
SECTION 9. Amends Subchapter J, Chapter 1702, Occupations Code, by adding
Sections 1702.2226 and 1702.2227, as follows:
Sec. 1702.2226. ELECTRONIC ACCESS CONTROL DEVICE INSTALLER. (a)
Provides that an individual acts as an electronic access control device
installer for purposes of this chapter if the individual installs,
maintains, or repairs an electronic access control device.
(b) Prohibits a person registered as an electronic access control device
installer from installing alarm systems unless the person is registered
under this chapter as an alarm system installer.
Sec. 1702.2227. LOCKSMITH. Provides that an individual acts as a
locksmith for the purposes of this chapter if the person sells, installs,
or maintains mechanical security devices, including deadbolts and locks,
and advertises or offers services to the public or represents to the
public that the person is a locksmith.
SECTION 10. Amends Subchapter J, Chapter 1702, Occupations Code, by
adding Section 1702.236, as follows:
Sec. 1702.236. EXAMINATION AND TRAINING REQUIREMENTS FOR ELECTRONIC
ACCESS CONTROL DEVICE INSTALLERS. (a) Requires the commission to require
an individual who applies for registration as an electronic access control
device installer to pass an examination given by the commission or a
person approved by the commission. Requires the examination to cover
material related to access control.
(b) Requires the commission, before September 1, 2005, to allow an
electronic access control device installer to obtain or renew a
certificate of registration by fulfilling the requirements of a
commission-approved, industry-based educational training program.
Provides that this subsection expires September 1, 2006.
(c) Authorizes the commission, on and after September 1, 2005, by rule
to allow an electronic access control device installer to obtain or renew
a certificate of registration by fulfilling the requirements of a
commission-approved, industry-based educational training program.
(d) Authorizes a party who asserts that the commission has adopted a rule
in violation of Subsection (b) or (c) to appeal to the attorney general
for a determination of whether the rule violates the subsection because
the rule does not comply with reasonable business practices. Requires the
attorney general to make a determination on an appeal submitted under this
section not later than the 90th day after the date the appeal is submitted
or within a reasonable time as circumstances require. Prohibits the
challenged rule from taking effect until after the attorney general makes
a determination. Provides that this subsection expires September 1, 2007.
SECTION 11. Amends Section 1702.223, Occupations Code, as follows:
(a) Provides that an individual acts as an alarm systems installer for
purposes of this chapter if the individual installs, maintains, or repairs
an alarm system or detection device.
(b) Authorizes an alarm systems installer to install, maintain, or repair
an electronic access control device.
SECTION 12. Amends Section 1702.239(a), Occupations Code, to authorize
the commission to approve only nationally recognized training programs
that consist of at least 16 hours, rather than 20 hours, of classroom
study in the areas of work allowed by the registration.
SECTION 13. Amends Section 1702.324(b), Occupations Code, to provide that
this chapter does not apply to a manufacturer or a manufacturer's
authorized distributor who sells equipment to a license holder or
registrant that is used in the operations for which the person is required
to be licensed or registered. Provides that this chapter does not apply
to a person who is a licensed engineer practicing engineering or directly
supervising engineering practice under Chapter 1001, Occupations Code,
rather than the Texas Engineering Practice Act (Article 3271(a),
V.T.C.S.), including forensic analysis, burglar alarm system engineering,
and necessary date collection. Adds text providing that this chapter does
not apply to a locksmith or a person who on the person's own property or
on property owned or managed by their employer installs, changes, or
repairs a mechanical security device, repairs an electronic security
device, or cuts or makes a key for a security device.
SECTION 14. Amends Section 1702.328, Occupations Code, to provide that
this chapter does not apply to a person in the business of building
construction that installs electrical wiring and devices that may include
in part the installation of a burglar alarm or detection device if the
person does not service or maintain alarm systems, electronic access
control devices, or locks, rather than burglar alarms. This chapter does
not apply to a person who sells exclusively over the counter or by mail
order alarm systems, electronic access control devices, locks, or
detection devices, rather than signal devices, burglary alarms, television
cameras, still cameras, or other electrical, mechanical, or electronic
devise used for preventing or detecting burglary, theft, or other losses.
SECTION 15. (a) Requires the commission, by January 1, 2004, to adopt
rules necessary to administer the changes made by this Act to Chapter
1702, Occupations Code.
(b) Provides that notwithstanding Sections 1702.1025 and 1702.2225,
Occupations Code, as added by this Act, and Section 1702.221, Occupations
Code, as amended by this Act, a person is not required to hold a license
as an electronic access control device installer, a locksmith company, or
a locksmith before September 1, 2004.
SECTION 16. Sections 1702.1025 and 1702.2225, Occupations Code, as added
by this Act, take effect January 1, 2004. All other Sections of this Act
take effect September 1, 2003.
EFFECTIVE DATE
This Act takes effect September 1, 2003
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute modifies the original by adding a new provision that a
person acts as a locksmith company if the person sells, installs, or
maintains mechanical security devices, including deadbolts and locks, and
advertises their services using the term locksmith or includes that in
their company name.
The substitute modifies the original by exempting from licensure a person
who on the person's own property or on property owned or managed by their
employer installs, changes, or repairs a mechanical security device,
repairs an electronic security device, or cuts or makes a key for a
security device.