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79R10837 JMM-F


By:  Jackson                                                      H.B. No. 2243

Substitute the following for H.B. No. 2243:                                   

By:  Jones of Lubbock                                         C.S.H.B. No. 2243


A BILL TO BE ENTITLED
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. This Act takes effect September 1, 2005.