78R13265 YDB-F
By: Driver H.B. No. 2079
Substitute the following for H.B. No. 2079:
By: Driver C.S.H.B. No. 2079
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain activities associated with
providing private security.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.002, Occupations Code, is amended
by amending Subdivisions (1) and (6) and adding Subdivision (6-a)
to read as follows:
(1) "Alarm system" means:
(A) electronic equipment and devices designed to
detect or signal:
(i) an unauthorized entry or attempted
entry of a person or object into a residence, business, or area
monitored by the system; or
(ii) the occurrence of a robbery or other
emergency;
(B) electronic equipment and devices using a
computer or data processor designed to control the access of a
person, vehicle, or object through a door, gate, or entrance into
the controlled area of a residence or business; or
(C) a television camera or still camera system
that records, archives, or monitors property or individuals in a
public or private area of a residence or business [an alarm system,
burglar alarm signal device, burglar alarm, robbery alarm,
television camera, or still camera used to signal the presence of an
emergency to which law enforcement or emergency services are
expected to respond].
(6) "Detection device" means an electronic device used
as a part of an alarm system [a burglar or robbery alarm], including
a control, communications device, motion detector, door or window
switch, sound detector, vibration detector, light beam, pressure
mat, wiring, or similar device.
(6-a) "Electronic access control device" means an
electronic, electrical, or computer-based device that allows
access to a controlled area of a business, but that is not monitored
and does not send a signal to which law enforcement or emergency
services respond. The term does not include a mechanical device,
such as a deadbolt or lock.
SECTION 2. Subchapter D, Chapter 1702, Occupations Code, is
amended by adding Section 1702.0635 to read as follows:
Sec. 1702.0635. RESTRICTIONS ON CERTAIN RULES. The
commission may not adopt rules or establish 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. Subchapter F, Chapter 1702, Occupations Code, is
amended by adding Section 1702.1025 to read as follows:
Sec. 1702.1025. ELECTRONIC ACCESS CONTROL DEVICE COMPANY
LICENSE REQUIRED; SCOPE OF LICENSE. (a) Unless the person holds a
license as an electronic access control device company, a person
may not:
(1) act as an electronic access control device
company;
(2) offer to perform the services of an electronic
access control device company; or
(3) engage in business activity for which a license is
required under this chapter.
(b) A person licensed as an electronic access control device
company may not install alarm systems unless otherwise licensed or
registered to install alarm systems under this chapter.
SECTION 4. Sections 1702.103(a) and (b), Occupations Code,
are amended to read as follows:
(a) The license classifications are:
(1) Class A: investigations company license, covering
operations of an investigations company;
(2) Class B: security services contractor license,
covering operations of a security services contractor; [and]
(3) Class C: covering the operations included within
Class A and Class B; and
(4) Class D: electronic access control device license,
covering operations of an electronic access control device company.
(b) A Class A, B, [or] C, or D license does not authorize the
license holder to perform a service for which the license holder has
not qualified. A person may not engage in an operation outside the
scope of that person's license. The commission shall indicate on
the license the services the license holder is authorized to
perform. The license holder may not perform a service unless it is
indicated on the license.
SECTION 5. Subchapter F, Chapter 1702, Occupations Code, is
amended by adding Sections 1702.1055 and 1702.1056 to read as
follows:
Sec. 1702.1055. ELECTRONIC ACCESS CONTROL DEVICE COMPANY. A
person acts as an electronic access control device company for the
purposes of this chapter if the person installs or maintains an
electronic access control device.
Sec. 1702.1056. LOCKSMITH COMPANY. A person acts as a
locksmith company for the purposes of this chapter if the person:
(1) installs and maintains mechanical security
devices, including deadbolts and locks; and
(2) cuts keys for mechanical security devices.
SECTION 6. Section 1702.124(a), Occupations Code, is
amended to read as follows:
(a) The commission may not issue a license unless the
applicant files with the commission:
(1) evidence of a general liability insurance policy
on a certificate of insurance form prescribed by the Texas
Department of Insurance [commission] and countersigned by an
insurance agent licensed in this state; or
(2) a certificate of insurance for surplus lines
coverage obtained under Chapter 981 [Article 1.14-2], Insurance
Code, through a licensed Texas surplus lines agent resident in this
state.
SECTION 7. Section 1702.221, Occupations Code, is amended
to read as follows:
Sec. 1702.221. REGISTRATION REQUIRED. An individual must
register with the commission as provided by commission rule if the
individual:
(1) is employed as an alarm systems installer, alarm
systems monitor, electronic access control device installer,
locksmith, dog trainer, manager or branch office manager,
noncommissioned security officer, private investigator, private
security consultant, or security salesperson; or
(2) is an owner, officer, partner, or shareholder of a
license holder.
SECTION 8. Subchapter J, Chapter 1702, Occupations Code, is
amended by adding Section 1702.2225 to read as follows:
Sec. 1702.2225. LOCKSMITH COMPANY REGISTRATION REQUIRED.
Unless the person is registered as a locksmith company, a person may
not:
(1) act as a locksmith company;
(2) offer to perform the services of a locksmith
company; or
(3) engage in business activity for which registration
is required under this chapter.
SECTION 9. Subchapter J, Chapter 1702, Occupations Code, is
amended by adding Sections 1702.2226 and 1702.2227 to read as
follows:
Sec. 1702.2226. ELECTRONIC ACCESS CONTROL DEVICE
INSTALLER. (a) 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) A person registered as an electronic access control
device installer may not install alarm systems unless the person is
registered under this chapter as an alarm systems installer.
Sec. 1702.2227. LOCKSMITH. An individual acts as a
locksmith for the purposes of this chapter if the person installs
and maintains mechanical security devices, including deadbolts and
locks, and cuts keys for mechanical security devices.
SECTION 10. Subchapter J, Chapter 1702, Occupations Code,
is amended by adding Section 1702.236 to read as follows:
Sec. 1702.236. EXAMINATION AND TRAINING REQUIREMENTS FOR
ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS. (a) The commission
shall 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. The
examination must cover material related to access control.
(b) Before September 1, 2005, the commission shall 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.
This subsection expires September 1, 2006.
(c) On and after September 1, 2005, the commission by rule
may 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) A party who asserts that the commission has adopted a
rule in violation of Subsection (b) or (c) may 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. The attorney general shall 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. The challenged rule may
not take effect until after the attorney general makes a
determination. This subsection expires September 1, 2007.
SECTION 11. Section 1702.223, Occupations Code, is amended
to read as follows:
Sec. 1702.223. ALARM SYSTEMS INSTALLER. (a) 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) An alarm systems installer may install, maintain, or
repair an electronic access control device.
SECTION 12. Section 1702.239(a), Occupations Code, is
amended to read as follows:
(a) The commission may require that an individual employed
as an alarm systems installer or security salesperson hold a
certification by a commission-approved training program to renew an
initial registration. The commission may approve only nationally
recognized training programs that consist of at least 16 [20] hours
of classroom study in the areas of work allowed by the registration.
To be approved, a training program must offer at least two
certification programs each year, sufficient to complete the
requirements of this subsection, within 100 miles of each county in
the state that has a population of more than 500,000.
SECTION 13. Section 1702.324(b), Occupations Code, is
amended to read as follows:
(b) This chapter does not apply to:
(1) 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;
(2) a person engaged exclusively in the business of
obtaining and providing information to:
(A) determine creditworthiness;
(B) collect debts; or
(C) ascertain the reliability of information
provided by an applicant for property, life, or disability
insurance or an indemnity or surety bond;
(3) a person engaged exclusively in the business of
repossessing property that is secured by a mortgage or other
security interest;
(4) [a locksmith who:
[(A) does not install or service detection
devices;
[(B) does not conduct investigations; and
[(C) is not a security services contractor;
[(5)] a person who:
(A) is engaged in the business of psychological
testing or other testing and interviewing services, including
services to determine attitudes, honesty, intelligence,
personality, and skills, for preemployment purposes; and
(B) does not perform any other service that
requires a license under this chapter;
(5) [(6)] a person who:
(A) is engaged in obtaining information that is a
public record under Chapter 552, Government Code, regardless of
whether the person receives compensation;
(B) is not a full-time employee, as defined by
Section 61.001, Labor Code, of a person licensed under this
chapter; and
(C) does not perform any other act that requires
a license under this chapter;
(6) [(7)] a licensed professional engineer practicing
engineering or directly supervising engineering practice under
Chapter 1001, Occupations Code [The Texas Engineering Practice Act
(Article 3271a, Vernon's Texas Civil Statutes)], including
forensic analysis, burglar alarm system engineering, and necessary
data collection;
(7) [(8)] an employee of a cattle association who
inspects livestock brands under the authority granted to the cattle
association by the Grain Inspection, Packers and Stockyards
Administration of the United States Department of Agriculture;
(8) [(9)] a landman performing activities in the
course and scope of the landman's business;
(9) [(10)] an attorney while engaged in the practice
of law;
(10) [(11)] a person who obtains a document for use in
litigation under an authorization or subpoena issued for a written
or oral deposition; or
(11) [(12)] an admitted insurer, insurance adjuster,
agent, or insurance broker licensed by the state, performing duties
in connection with insurance transacted by that person.
SECTION 14. Section 1702.328, Occupations Code, is amended
to read as follows:
Sec. 1702.328. SECURITY SYSTEMS SALES AND INSTALLATION.
This chapter does not apply to:
(1) a person who owns and installs a burglar detection
or alarm device on the person's own property or, if the person does
not charge for the device or the installation, installs the device
for the protection of the person's personal property located on
another person's property and does not, as a normal business
practice, install the devices on the property of another;
(2) 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:
(A) the person is a party to a contract that
provides that:
(i) the installation will be performed
under the direct supervision of, and inspected and certified by, a
person licensed to install and certify the alarm or detection
device; and
(ii) the license holder assumes full
responsibility for the installation of the alarm or detection
device; and
(B) the person does not service or maintain alarm
systems, electronic access control devices, locks, [burglar
alarms] or detection devices;
(3) a person who sells or installs automobile burglar
alarm devices and who does not perform any other act that requires a
license under this chapter; or
(4) a person who sells exclusively over the counter or
by mail order [burglar] alarm systems, electronic access control
devices, locks, or detection [signal] devices[, burglary alarms,
television cameras, still cameras, or other electrical,
mechanical, or electronic devices used for preventing or detecting
burglary, theft, or other losses].
SECTION 15. (a) Not later than January 1, 2004, the Texas
Commission on Private Security shall adopt the rules necessary to
administer the changes in law made by this Act to Chapter 1702,
Occupations Code.
(b) 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 company or
be registered as an electronic access control device installer, a
locksmith company, or a locksmith before September 1, 2004.
SECTION 16. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2003.
(b) Sections 1702.1025 and 1702.2225, Occupations Code, as
added by this Act, take effect January 1, 2004.