BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1531

                                                                                                                    By: Jackson, Jim (Harris)

                                                                                                                        Business & Commerce

                                                                                                                                            4/30/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Telematics service is a service that is provided to owners, operators, and occupants of consumer vehicles or commercial fleet vehicles through the remote access of in-vehicle data that may rely on global positioning system satellite data to fix the exact location of the vehicle, is enabled through the two-way communication of voice or data, often with an interactive voice response technology interface, between a service subscriber's vehicle and a telematics company's response center, and is provided to enhance vehicle service, safety, and convenience.

 

Current law does not clearly address whether a telematics service provider is subject to the Private Security Act (Chapter 1702, Occupations Code).  While telematics service providers do offer remote assistance to individuals with issues regarding their vehicles, they are not an alarm company and, as such, should not be subject to the same compliance requirements.  H.B. 1531 defines what a telematics service provider is, by the boundaries of its functions, and specifically exempts such providers from the requirements of the Private Security Act. 

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Department of Public Safety in SECTION 1 (Section 1702.331, Occupations Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter N, Chapter 1702, Occupations Code, by adding Section 1702.331, as follows:

 

Sec. 1702.331.  TELEMATICS SERVICE PROVIDERS.  (a)  Defines "telematics service."

 

(b)  Provides that, except as otherwise provided by this section, this chapter does not apply to a person who provides a telematics service in this state.

 

(c)  Sets forth requirements for a telematics service provider to qualify for the exemption provided by Subsection (b).

 

(d)  Authorizes the Department of Public Safety to adopt rules necessary to carry out the purposes of this section, including rules to determine whether a telematics service provider is complying with Subsection (c). 

 

SECTION 2.  (a)  Requires the Department of Public Safety to adopt the rules necessary to implement Section 1702.331, Occupations Code, as added by this Act, not later than January 1, 2006.

 

(b)  Provides that a telematics service provider is not required to comply with Section 1702.331, Occupations Code, before January 1, 2006.

 

SECTION 3.  Effective date:  September 1, 2005.