SRC-TAG S.B. 1252 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1252
78R5097 YDB-FBy: Armbrister
Criminal Justice
5/5/2003
As Filed


DIGEST AND PURPOSE 

Under current law, the alarm system industry is regulated under Chapter
1702 (Private Security), Occupations Code.  The alarm system industry has
changed since the provisions to regulate this industry were enacted.  As
proposed, S.B. 1252 amends the Occupations Code to reflect advances in
security alarm system technology.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 1702.002(1) and (6), Occupations Code to
redefine "alarm system" and "detection device." 

SECTION 2.  Amends Section 1702.124(a), Occupations Code, to prohibit the
Texas Commission on Private Security (commission) from issuing a license
unless the applicant files with the commission evidence of general
liability insurance policy on a certificate of insurance form prescribed
by the Texas Department of Insurance, rather than the commission, and
countersigned by an insurance agent licensed in this state; or a
certificate of insurance for surplus lines coverage obtained under Chapter
981 (Surplus Line Insurance), rather than Article 1.14-2, Insurance Code,
through a licensed Texas surplus lines agent resident in this state. 

SECTION 3.  Amends Section 1702.223, Occupations Code, to provide 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. 

SECTION 4.  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 5.  Amends Section 1702.324(b), Occupations Code, as follows:

(b)(4)  Provides that this chapter does not apply to a locksmith who does
not sell, install, or service alarm systems or detection devices.  

(b)(7)  Provides that this chapter does not apply to a person who is a
licensed professional engineer practicing engineering supervising
engineering practice under Chapter 1001, Occupations Code, rather than
Texas Engineering Practice Act (Article 3271(a), V.T.C.S.), including
forensic analysis, burglar alarm system engineering, and necessary date
collection.  

SECTION 6.  Amends Section 1702.328, Occupations Code, to provide that
this chapter does not apply to a person who sells exclusively  over the
counter or by mail order alarm systems or detection device, 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.  Makes a conforming change.  
 
SECTION 7.  Effective date: September 1, 2003.