H.B. No. 2243
AN ACT
relating to the regulation of locksmiths and locksmith companies 
under the Private Security Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1702.1056, Occupations Code, is amended 
to read as follows:
	Sec. 1702.1056.  LOCKSMITH COMPANY.  (a) A person acts as a 
locksmith company for the purposes of this chapter if the person:
		(1)  sells, installs, services, or maintains 
mechanical security devices, including deadbolts and locks; [, 
and:]
		(2) [(1)]  advertises services offered by the company 
using the term "locksmith"; or
		(3) [(2)]  includes the term "locksmith" in the 
company's name.
	(b)  This section does not apply to a hotel, as that term is 
defined by Section 156.001, Tax Code.
	SECTION 2.  Section 1702.2227, Occupations Code, is amended 
to read as follows:
	Sec. 1702.2227.  LOCKSMITH.  (a)  An individual acts as a 
locksmith for the purposes of this chapter if the person:
		(1)  sells, installs, services, or maintains 
mechanical security devices, including deadbolts and locks; or
		(2)  [, and] advertises or offers services to the 
public or represents to the public that the person is a locksmith.
	(b)  This section does not apply to a hotel, as that term is 
defined by Section 156.001, Tax Code.
	SECTION 3.  Subchapter L, Chapter 1702, Occupations Code, is 
amended by adding Section 1702.286 to read as follows:
	Sec. 1702.286.  CUSTOMER AUTHORIZATION REQUIRED FOR CERTAIN 
LOCKSMITH SERVICES.  (a)  A  locksmith company or locksmith may not 
perform services for a customer who seeks entry to a structure, 
motor vehicle, or other property unless the customer, in the course 
of the transaction:
		(1)  shows the locksmith company or locksmith a 
government-issued identification; and
		(2)  provides a signed authorization stating that the 
customer owns or is otherwise entitled to legal access to the 
structure, motor vehicle, or other property.
	(b)  A locksmith company or locksmith is exempt from 
Subsection (a) if the locksmith is requested to perform services in 
a case of imminent threat to a person or property.
	SECTION 4.  Section 1702.324(b), Occupations Code, as 
amended by Chapters 936, 1237, and 1276, Acts of the 78th 
Legislature, Regular Session, 2003, is reenacted and 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 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)  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)  a licensed engineer practicing engineering or 
directly supervising engineering practice under Chapter 1001, 
including forensic analysis, burglar alarm system engineering, and 
necessary data collection;
		(7)  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)  a landman performing activities in the course and 
scope of the landman's business;
		(9)  an attorney while engaged in the practice of law;                        
		(10)  a person who obtains a document for use in 
litigation under an authorization or subpoena issued for a written 
or oral deposition;
		(11)  an admitted insurer, insurance adjuster, agent, 
or insurance broker licensed by the state, performing duties in 
connection with insurance transacted by that person;
		(12)  a person who on the person's own property or on 
property owned or managed by the person's employer:
			(A)  installs, changes, or repairs a mechanical 
security device;           
			(B)  repairs an electronic security device; or                               
			(C)  cuts or makes a key for a security device; 
[or]      
		(13)  security personnel, including security contract 
personnel, working at a commercial nuclear power plant licensed by 
the United States Nuclear Regulatory Commission; or
		(14)  a retailer, wholesaler, or other person who sells 
mechanical security devices, including locks and deadbolts, but who 
does not:
			(A)  service mechanical security devices for the 
public outside of the person's premises;  or
			(B)  claim to act as a locksmith.                                     
	SECTION 5.  To the extent of any conflict, this Act prevails 
over another Act of the 79th Legislature, Regular Session, 2005, 
relating to nonsubstantive additions and corrections in enacted 
codes.
	SECTION 6.  This Act takes effect September 1, 2005.                           
______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      
	I certify that H.B. No. 2243 was passed by the House on April 
29, 2005, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 2243 on May 26, 2005, by a non-record 
vote.
                                                  ______________________________
                                                     Chief Clerk of the House   
	
I certify that H.B. No. 2243 was passed by the Senate, with 
amendments, on May 24, 2005, by the following vote:  Yeas 31, Nays 
0.
                                                  ______________________________
                                                      Secretary of the Senate   
APPROVED: __________________                                                
 
                Date                                                         
 
         __________________                                              
 
              Governor