78R6204 AKH-D

By:  Smith of Tarrant                                             H.B. No. 3236



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of alarm systems and alarm systems 
installers.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 214.194, Local Government Code, is 
amended to read as follows:
	Sec. 214.194.  FEE FOR MUNICIPAL PERMIT.  If a municipality 
adopts an ordinance that requires a person to 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.  Section 214.197, Local Government Code, is 
amended to read as follows:
	Sec. 214.197.  PENALTIES FOR FALSE ALARMS [PENALTY 
LIMITATIONS].  (a)  A municipality may [not] impose a penalty [or 
fee] for the signaling of a false alarm by a burglar alarm system if
[unless] at least two [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 one but 
fewer than four other false alarms in the preceding 12-month 
period;
		(2)  $75, if the location has had four or more but fewer 
than six other false alarms in the preceding 12-month period; and
		(3)  $100, if the location has had six or more other 
false alarms in the preceding 12-month period.
	(b)  If a location has had six or more other false alarms in 
the preceding 12-month period, the municipality may revoke or 
suspend the permit instead of imposing a penalty under Subsection 
(a).  A person whose permit has been revoked or suspended under this 
section is not a permit holder for the purposes of this subchapter. 
[A penalty or fee imposed for a false alarm must be established by 
ordinance based on the type and level of emergency response 
provided.  This fee may not exceed $50 in the case of the category of 
burglar alarms.  The penalty or fee for a false alarm may not exceed 
the actual expenses incurred for the response.]
	SECTION 3.  Subchapter F, Chapter 214, Local Government 
Code, is amended by adding Sections 214.1935 and 214.198 to read as 
follows:
	Sec. 214.1935.  EFFECT OF NOT OBTAINING PERMIT.  (a)  A 
municipality is not required to provide a response to the signaling 
of an alarm by an alarm system if a permit has not been obtained as 
required by the municipality.
	(b)  A municipality that does not respond to the signaling of 
an alarm as described under Subsection (a) is not liable for damages 
that may occur relating to the cause of the alarm system signal.
	Sec. 214.198.  VERIFICATION.  A municipality may require an 
alarm systems monitor or the municipality's emergency dispatch, as 
applicable, to attempt contact with the occupant of the alarm 
system location twice before the municipality responds to the alarm 
system signal.
	SECTION 4.  Subchapter L, Chapter 1702, Occupations Code, is 
amended by adding Section 1702.286 to read as follows:
	Sec. 1702.286.  DUTIES OF ALARM SYSTEMS INSTALLER.  (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 name of the occupant of the alarm system 
location, the address of the alarm system location, and the date of 
installation or activation.
	(c)  Information provided to a governmental body under this 
section is confidential and subject to disclosure only as provided 
under Section 1702.284.
	SECTION 5.  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 6.  This Act takes effect September 1, 2003.