78R5097 YDB-F
By: Driver 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. Sections 1702.002(1) and (6), Occupations Code,
are amended 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.
SECTION 2. 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 3. Section 1702.223, Occupations Code, is amended
to read as follows:
Sec. 1702.223. ALARM SYSTEMS INSTALLER. 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. 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 5. 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 that is used in
the operations for which the person is required to be licensed;
(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 sell, install, or service alarm
systems or 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;
(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;
(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;
(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;
(9) a landman performing activities in the course and
scope of the landman's business;
(10) an attorney while engaged in the practice of law;
(11) a person who obtains a document for use in
litigation under an authorization or subpoena issued for a written
or oral deposition; or
(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 6. 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 [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 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 7. This Act takes effect September 1, 2003.