By: Frost H.B. No. 4137

A BILL TO BE ENTITLED

AN ACT

relating to licensing requirements for persons who sell, install, service, monitor or respond to certain camera systems.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 1702, Occupations Code, is amended by amending Section 1702.002 to read as follows:

Sec. 1702.002. DEFINITIONS. In this chapter:

(1) "Alarm system" means:

(A) electronic equipment and devices designed to detect or signal:

(i) an unauthorized entry or attempted entry of a person or object into a residence, business, or area monitored by the system; or

(ii) the occurrence of a robbery or other emergency; or

(B) electronic equipment and devices using a computer or data processor designed to control the access of a person, vehicle, or object through a door, gate, or entrance into the controlled area of a residence or business; [or

[(C) a television camera or still camera system that:

[(i) records or archives images of property or individuals in a public or private area of a residence or business; or

[(ii) is monitored by security personnel or services.

(23) "Camera System" means any device or system of devices used to capture still photographs or any sequence of moving images that: are viewable, captured, recorded or archived; or is monitored by security personnel, a security service, or an alarm company; or provides means to view the still photographs or sequence of moving images from inside or outside a residence, home or business; or may be used to view, detect, capture, record, or archive possible civil or criminal law violations in public or private places.

(23-a) For purposes of subdivision (23), the term "Camera System" does not include any device or system of devices used to capture electronic pictures or images that is used exclusively for the purpose of viewing and monitoring traffic conditions on public roads; or is used exclusively to detect motor vehicle violations on public roads; or is used exclusively for telephone or video conferencing; or is used exclusively to monitor a manufacturing process; or is used exclusively for medical purposes by medical practitioners; or is used exclusively by a courtroom reporter for the purposes of recording and archiving depositions or testimonies.

SECTION 2. Chapter 1702, Occupations Code, is amended by adding Section 1702.1057 to read as follows: Sec. 1702.1057 CAMERA SYSTEMS COMPANY. (a) Unless a person holds a license as a security services contractor, a person may not sell, offer to sell, install, service, monitor, or respond to a Camera System.

SECTION 3. Section 1702, Occupations Code, is amended by amending Section 1702.102 to read as follows:

Sec. 1702.102. SECURITY SERVICES CONTRACTOR LICENSE REQUIRED; SCOPE OF LICENSE. (a) Unless the person holds a license as a security services contractor, a person may not:

(1) act as an alarm systems company, armored car company, camera systems company, courier company, guard company, guard dog company, locksmith company, or private security consultant company;

(2) offer to perform the services of a company in Subdivision (1); or

(3) engage in business activity for which a license is required under this chapter.

SECTION 4. Section 1702, Occupations Code, is amended by amending Section 1702.328 to read as follows: Sec. 1702.328. SECURITY SYSTEMS SALES AND INSTALLATION. This chapter does not apply to:

(1) a person who owns and installs a burglar detection electronic access control device, lock, camera system or alarm device on the person's own property or, [if the person does not charge for the device or the installation], installs the device for the protection of the person's personal property located on another person's property and does not, as a normal business practice, install the devices on the property of another, and who does not perform any other act that requires a license under this chapter;

(2) a person in the business of building construction that installs electrical wiring and devices that may include in part the installation of a burglar alarm, electronic access control device, lock, camera system or detection device if:

(A) the person is a party to a contract that provides that:

(i) the installation will be performed, [under the direct supervision of, and] inspected and certified by, a person licensed to install and certify the alarm, electronic access control device, lock, camera system or detection device; and

(ii) the license holder assumes full responsibility for the installation of the alarm or detection device; and

(B) the person does not service or maintain alarm systems, electronic access control devices, locks, camera systems or detection devices,or any other device or service regulated by this chapter;

(3) a person who sells or installs automobile burglar alarm devices and who does not perform any other act that requires a license under this chapter; or

(4) a person who sells exclusively by e-commerce, over the counter transactions, or mail order, alarm systems, electronic access control devices, locks, or detection devices, and who does not perform any other act that requires a license under this chapter.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.