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79R4700 KEG-F
By: Driver H.B. No. 2304
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of alarm systems and alarm systems
companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 214.191(1), Local Government Code, is
amended to read as follows:
(1) "Alarm system" means a device or system that
transmits a signal intended to summon police of a municipality in
response to an indication of [a] burglary, robbery, duress, or
panic. The term includes an alarm that emits an audible signal on
the exterior of a structure. The term does not include an alarm
installed on a vehicle, unless the vehicle is used for a habitation
at a permanent site, or an alarm designed to alert only the
inhabitants within the premises.
SECTION 2. Section 214.192, Local Government Code, is
amended to read as follows:
Sec. 214.192. CATEGORIES OF ALARM SYSTEMS. The category of
alarm system to be regulated is burglary, robbery, duress, and
panic.
SECTION 3. Subchapter F, Chapter 214, Local Government
Code, is amended by adding Section 214.1925 to read as follows:
Sec. 214.1925. MUNICIPAL PERMIT REQUIRED. (a) The
governing body of a municipality shall, by ordinance, require that
a person obtain a permit from the municipality before operating an
alarm system in the municipality.
(b) This section does not apply to a municipality that
adopts an ordinance under Section 214.199.
SECTION 4. Section 214.193(a), Local Government Code, is
amended to read as follows:
(a) An ordinance adopted under Section 214.1925 [If a
municipality adopts an ordinance that requires a person to obtain a
permit from the municipality before a person may use an alarm system
in the municipality, the ordinance] must provide that the permit
required by the ordinance is valid for at least one year.
SECTION 5. Section 214.194, Local Government Code, is
amended to read as follows:
Sec. 214.194. FEE FOR MUNICIPAL PERMIT. A municipality may
require an annual fee for an alarm system permit authorized by this
subchapter. The [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; or
(2) $100 a year for a commercial location.
SECTION 6. Subchapter F, Chapter 214, Local Government
Code, is amended by adding Section 214.1945 to read as follows:
Sec. 214.1945. MUNICIPAL RESPONSE TO ALARM SIGNAL NOT
REQUIRED IN ABSENCE OF VALID PERMIT. A municipality is not required
to provide a law enforcement response to an alarm system signal at a
residential or commercial location if:
(1) a permit required by the municipality for the
operation of the alarm system was not obtained, regardless of
whether the municipality refused to issue the permit;
(2) a required permit was revoked by the municipality
in accordance with Section 214.195(d); or
(3) on expiration of a required permit, notice was
provided by the municipality as required by Section 214.195(c).
SECTION 7. The section 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
PROHIBITED.
SECTION 8. 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 9. Subchapter F, Chapter 214, Local Government
Code, is amended by adding Section 214.1955 to read as follows:
Sec. 214.1955. MULTI-UNIT HOUSING FACILITIES. (a) A
municipality may not refuse to issue an alarm system permit for a
residential location solely because the residential location is an
individual residential unit located in a multi-unit housing
facility.
(b) In issuing an alarm system permit for an alarm installed
in an individual residential unit of a multi-unit housing facility,
the municipality shall issue the permit to the person occupying the
individual residential unit.
(c) A municipality may impose a penalty under Section
214.197 for the signaling of a false alarm on the premises of a
multi-unit housing facility for a facility other than an individual
residential unit only if the permit holder is notified of:
(1) the date of the signaling of the false alarm;
(2) the address of the multi-unit housing facility
where the signaling of the false alarm occurred; and
(3) the identification of the individual facility, if
applicable, located on the multi-unit housing facility premises
where the signaling of the false alarm occurred.
SECTION 10. Section 214.196, Local Government Code, is
amended to read as follows:
Sec. 214.196. ON-SITE INSPECTION REQUIRED. A municipality
may not consider a false alarm to have occurred unless a response is
made by an agency of the municipality within 30 minutes of the alarm
notification and the agency determines from an inspection of the
[interior or] exterior of the premises that the alarm was false.
SECTION 11. 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 an [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 not exceed:
(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
period; or
(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 12. Subchapter F, Chapter 214, Local Government
Code, is amended by adding Sections 214.198-214.201 to read as
follows:
Sec. 214.198. LIMITATION ON FINES, FEES, AND PENALTIES.
(a) Notwithstanding any other provision of this subchapter, the
fines, fees, and penalties issued by a municipality to a person who
holds a permit for an alarm system regulated under this subchapter
may not exceed the municipality's actual cost of providing relevant
services.
(b) On a biennial basis, each municipality shall conduct an
audit of the municipality's actual expenses associated with
providing services to alarm system permit holders during the
preceding 12-month period, including expenses associated with law
enforcement responses, expenses incurred in the collection of
fines, fees, and penalties, and other administrative expenses, and
shall adjust the amounts of any fines, fees, or penalties
accordingly.
Sec. 214.199. EXCEPTION OF MUNICIPALITY FROM ALARM SYSTEM
RESPONSE. (a) Notwithstanding any other provision of this
subchapter, the governing body of a municipality may 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.
(b) Before a municipality may adopt an ordinance under this
section, the governing body of the municipality must:
(1) post notice at appropriate public places in the
municipality for 90 days immediately before the adoption of the
ordinance; and
(2) during the 60-day period immediately before
adoption of the ordinance, conduct two public hearings at which
persons interested in the response of the municipality to alarm
systems are given the opportunity to be heard.
(c) 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. EFFECT OF SUBCHAPTER ON WAIVER OF SOVEREIGN
IMMUNITY OR PRIORITY OF RESPONSE. Nothing in this subchapter:
(1) waives the sovereign immunity of a municipality or
otherwise authorizes any cause of action or damage against a
municipality or its employees in addition to the remedies
authorized by Chapter 101, Civil Practice and Remedies Code; or
(2) affects the priority of any response provided by a
municipality to a permitted location.
Sec. 214.201. LIABILITY OF MUNICIPALITY FOR NONRESPONSE TO
ALARM SIGNAL. A municipality that does not respond to an alarm
system signal is not liable for damages that may occur relating to
the cause of the alarm signal if the municipality:
(1) was not required to provide a law enforcement
response to the signal for a reason described under Section
214.1945; or
(2) adopted an ordinance under Section 214.199
providing that law enforcement personnel of the municipality will
not respond to any alarm signal.
SECTION 13. Subchapter L, Chapter 1702, Occupations Code,
is amended by adding Sections 1702.286-1702.288 to read as follows:
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
location;
(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.
(d) The notice required by Subsection (b) shall be provided
by fax or electronic mail or through the United States Postal
Service.
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
alarm reduction.
Sec. 1702.288. VERIFICATION BY ALARM SYSTEMS MONITOR. (a)
In this section, "alarm systems monitor" means a person described
by Section 1702.224.
(b) In the event of the signaling of an alarm system, an
alarm systems monitor shall make a minimum of two attempts to
contact the location of the alarm system by telephone for the
purpose of verifying whether the alarm signal is false before
notifying a municipality or other political subdivision of the
receipt of the alarm signal.
(c) The requirement under Subsection (b) does not apply to
the receipt of an alarm signal from a manually activated device
designed to indicate robbery, panic, or duress.
SECTION 14. Sections 1702.286 and 1702.288, Occupations
Code, as added by this Act, apply only to an alarm system installed
or activated on or after January 1, 2006.
SECTION 15. This Act takes effect September 1, 2005.