By: Driver H.B. No. 2304
Substitute the following for H.B. No. 2304:
By: Jackson C.S.H.B. No. 2304
A BILL TO BE ENTITLED
relating to the regulation of alarm systems and alarm systems
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 FEE GENERALLY.
(a) 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
shall be used for the general administration of this subchapter,
including the provision of responses generally required to
implement this subchapter other than specific responses to false
(b) A municipal permit fee imposed under this section may
not exceed the rate of:
(1) $50 a year for a residential location; or
(2) $100 a year for a commercial location.
SECTION 2. The heading to Section 214.195, Local Government
Code, is amended to read as follows:
Sec. 214.195. NONRENEWAL OR REVOCATION OF PERMIT AND
TERMINATION OF MUNICIPAL RESPONSE; [ AND] DISCRIMINATION
SECTION 3. Sections 214.195(a) and (d), Local Government
Code, are amended to read as follows:
(a) Except as provided in Subsection (d) [ of this section],
a municipality may not terminate its law enforcement response to a
residential or commercial permit holder because of excess false
alarms if the false alarm fees are paid in full.
(d) A municipality may revoke or [ set standards for systems
to be permitted and may] refuse to renew the permit of an alarm
system that has had eight or more false alarms during the preceding
12-month period [ permit particular systems which in its discretion
have a history of unreliability].
SECTION 4. 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 three [ 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
(1) $50, if the location has had more than three but
fewer than six other false alarms in the preceding 12-month period;
(2) $75, if the location has had more than five but
fewer than eight other false alarms in the preceding 12-month
(3) $100, if the location has had eight or more other
false alarms in the preceding 12-month period.
[ (b) 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 5. Subchapter F, Chapter 214, Local Government
Code, is amended by adding Sections 214.198-214.200 to read as
Sec. 214.198. VERIFICATION. A municipality may require an
alarm systems monitor to attempt to contact the occupant of the
alarm system location twice before the municipality responds to the
Sec. 214.199. EXCEPTION OF MUNICIPALITY FROM ALARM SYSTEM
RESPONSE. (a) The governing body of a municipality may not adopt
an ordinance providing that law enforcement personnel of the
municipality will not respond to any alarm signal indicated by an
alarm system in the municipality unless, before adopting the
ordinance, the governing body of the municipality:
(1) makes reasonable efforts to notify permit holders
of its intention to adopt the ordinance; and
(2) conducts a public hearing at which persons
interested in the response of the municipality to alarm systems are
given the opportunity to be heard.
(b) A municipality that adopts an ordinance under this
section may not impose or collect any fine, fee, or penalty
otherwise authorized by this subchapter.
Sec. 214.200. PRIORITY OR LEVEL OF RESPONSE NOT AFFECTED;
LIABILITY OF MUNICIPALITY FOR NONRESPONSE. (a) Nothing in this
(1) affects the priority or level of response provided
by a municipality to a permitted location; or
(2) waives the governmental immunity provided by law
for a municipality.
(b) A municipality that does not respond to an alarm signal
is not liable for damages that may occur relating to the cause of
the alarm signal.
SECTION 6. Subchapter L, Chapter 1702, Occupations Code, is
amended by adding Sections 1702.286 and 1702.287 to read as
Sec. 1702.286. DUTIES OF ALARM SYSTEMS COMPANY. (a) On the
installation or activation of an alarm system, an alarm systems
company 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 company 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 alarm systems company
shall provide to the municipality:
(1) the alarm systems company name;
(2) the alarm systems company license number;
(3) the name of the occupant of the alarm system
(4) the address of the alarm system location; and
(5) 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.
Sec. 1702.287. DETECTION DEVICE CONTROL PANELS; MINIMUM
STANDARDS. An alarm systems company may not install any alarm
system on or after January 1, 2007, that includes a detection device
control panel unless the control panel meets or exceeds the
standards of the American National Standards Institute for false
SECTION 7. Section 1702.286, Occupations Code, as added by
this Act, applies only to an alarm system installed or activated on
or after January 1, 2006.
SECTION 8. This Act takes effect September 1, 2005.