82R19920 SLB-F

By: Patrick S.B. No. 1400

(Fletcher)

Substitute the following for S.B. No. 1400: No.

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain private security companies and occupations.

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

SECTION 1. Section 1702.002, Occupations Code, is amended by amending Subdivisions (1) and (6-a) and adding Subdivisions (4), (4-a), and (13-a) to read as follows:

(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].

(4) "Camera systems company" means a person who performs the activities described by Section 1702.1057.

(4-a) "Closed circuit television or still camera system" means a device or system of devices that:

(A) records or transmits, including transmission by an intranet or Internet device, an image or series of images;

(B) is monitored by security personnel or an alarm systems monitor for the purposes of security or surveillance; and

(C) is not used exclusively:

(i) to view or monitor traffic conditions on public roads;

(ii) to detect motor vehicle violations on public roads;

(iii) for telephone or video conferencing;

(iv) to monitor a manufacturing process;

(v) for a medical purpose by medical practitioners;

(vi) by a courtroom reporter for recording or archiving depositions or testimony;

(vii) in the course of an ongoing investigation, when installed by and remaining under the control of a licensed investigations company; or

(viii) by a law enforcement agency to monitor criminal activity.

(6-a) "Electronic access control device" means an electronic, electrical, or computer-based device, including a telephone entry system, that allows access to a controlled area [of a business], but that is not monitored by security personnel or services and does not send a signal to which law enforcement or emergency services respond. The term does not include:

(A) a mechanical device, such as a deadbolt or lock; or

(B) an operator for opening or closing a commercial gate or door or an accessory, such as a fixed or portable transmitter, card-reader, or keypad, if the operator or accessory is used only to activate the gate or door and is not connected to an alarm system.

(13-a) "Lock" means a fastening device that:

(A) is used to secure, regulate, activate, or control a door, gate, drawer, cabinet, safe, or automobile by means of a mechanical or electric device, including a latch, bolt, key, transmitter, card-reader, keypad, or proximity key fob; and

(B) is not monitored by security personnel or services and does not send a signal to which law enforcement or emergency services respond.

SECTION 2. Section 1702.021(a), Occupations Code, is amended to read as follows:

(a) The Texas Private Security Board consists of nine [seven] members appointed by the governor with the advice and consent of the senate as follows:

(1) five [four] public members, each of whom is a citizen of the United States;

(2) one member who is licensed under this chapter as a private investigator;

(3) one member who is licensed under this chapter as an alarm systems company; [and]

(4) one member who is licensed under this chapter as the owner or operator of a guard company; and

(5) one member who is licensed under this chapter as a locksmith.

SECTION 3. Section 1702.102(a), Occupations Code, is amended to read as follows:

(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 1702.1056(a), Occupations Code, is amended to read as follows:

(a) A person acts as a locksmith company for the purposes of this chapter if the person:

(1) for a fee and with legal authorization, sells, installs, services, [or] maintains, bypasses, or defeats electronic access control devices or [offers to sell, install, service, or maintain,] mechanical security devices, including deadbolts and locks;

(2) advertises services traditionally offered by a [the] company using the term "locksmith"; or

(3) includes the term "locksmith" in the company's name.

SECTION 5. Subchapter F, Chapter 1702, Occupations Code, is amended by adding Section 1702.1057 to read as follows:

Sec. 1702.1057. CAMERA SYSTEMS COMPANY. A person acts as a camera systems company for purposes of this chapter if the person:

(1) sells, installs, services, or monitors a closed circuit television or still camera system; or

(2) offers to perform a service described by Subdivision (1).

SECTION 6. Section 1702.221(b), Occupations Code, is amended to read as follows:

(b) An individual must obtain the appropriate endorsement in accordance with the requirements of this chapter and related administrative rules if the individual:

(1) is employed as:

(A) an alarm instructor;

(B) an alarm systems installer;

(C) an alarm systems monitor;

(D) an electronic access control device installer;

(E) a level 3 classroom or firearm instructor;

(F) a locksmith;

(G) a dog trainer;

(H) a manager or branch office manager;

(I) a noncommissioned security officer;

(J) a level 4 personal protection instructor;

(K) a private investigator;

(L) a private security consultant;

(M) a security salesperson; [or]

(N) a camera systems installer; or

(O) an individual whose duties include performing another activity for which an endorsement is required under Subsection (e); or

(2) is an owner who oversees the security-related aspects of the business, officer, partner, or shareholder of a license holder.

SECTION 7. Section 1702.2227(a), Occupations Code, is amended to read as follows:

(a) An individual acts as a locksmith for the purposes of this chapter if the person:

(1) for a fee and with legal authorization, sells, installs, services, [or] maintains, bypasses, or defeats electronic access control devices or mechanical security devices, including deadbolts and locks; or

(2) advertises or offers locksmith services to the public or represents to the public that the person is a locksmith.

SECTION 8. Subchapter J, Chapter 1702, Occupations Code, is amended by adding Section 1702.2228 to read as follows:

Sec. 1702.2228. CAMERA SYSTEMS INSTALLER. An individual acts as a camera systems installer for purposes of this chapter if the individual:

(1) installs, maintains, or repairs a closed circuit television or still camera system; or

(2) advertises or offers the services under Subdivision (1) to the public or represents to the public that the person is a camera systems installer.

SECTION 9. Section 1702.224(a), Occupations Code, is amended to read as follows:

(a) An individual acts as an alarm systems monitor for purposes of this chapter if the individual monitors an alarm system, camera system, or detection device.

SECTION 10. Section 1702.288, Occupations Code, is amended by adding Subsection (f) to read as follows:

(f) A license holder acting as an alarm systems company does not have to provide the notice required under Subsection (d) if the contact information, including the address and the telephone numbers for the alarm systems company, has not changed.

SECTION 11. Section 1702.322, Occupations Code, is amended to read as follows:

Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter does not apply to:

(1) a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, extra job coordinator, or watchman if the officer:

(A) is employed in an employee-employer relationship or employed on an individual contractual basis:

(i) directly by the recipient of the services; or

(ii) by a company licensed under this chapter;

(B) is not in the employ of another peace officer;

(C) is not a reserve peace officer; and

(D) works as a peace officer on the average of at least 32 hours a week, is compensated by the state or a political subdivision of the state at least at the minimum wage, and is entitled to all employee benefits offered to a peace officer by the state or political subdivision;

(2) a reserve peace officer while the reserve officer is performing guard, patrolman, or watchman duties for a county and is being compensated solely by that county;

(3) a peace officer acting in an official capacity in responding to a burglar alarm or detection device; or

(4) a person engaged in the business of electronic monitoring of an individual as a condition of that individual's community supervision, parole, mandatory supervision, or release on bail, if the person does not perform any other service that requires a license under this chapter.

SECTION 12. Section 1702.328, Occupations Code, is amended to read as follows:

Sec. 1702.328. SECURITY SYSTEMS SALES AND INSTALLATION EXEMPTIONS. This chapter does not apply to:

(1) a person who owns and installs an alarm system or [a burglar] detection [or alarm] device, electronic access control device, lock, or closed circuit television or still camera system on the person's own property or[, if the person does not charge for the device or the installation,] installs the system or 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 systems or 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 an [a burglar] alarm system, [or] detection device, electronic access control device, lock, or closed circuit television or still camera system 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 system, [or] detection device, electronic access control device, lock, or closed circuit television or still camera system; and

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

(B) the person does not service or maintain alarm systems, electronic access control devices, locks, closed circuit television or still camera systems, or detection devices;

(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; or

(5) a local governmental entity that installs or has a licensed contractor install a closed circuit television or still camera system for purposes of public safety.

SECTION 13. (a) The changes in law made by this Act to Chapter 1702, Occupations Code, apply only to an application for an original or renewal license, registration, or endorsement submitted to the Texas Private Security Board on or after January 1, 2012. An application submitted before January 1, 2012, is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.

(b) Not later than February 1, 2013, the governor shall appoint the members of the Texas Private Security Board necessary to ensure the composition of the board complies with Section 1702.021, Occupations Code, as amended by this Act.

(c) The Texas Private Security Board shall adopt rules to implement the changes in law made by this Act not later than January 1, 2012. A person is not required to obtain a registration or endorsement under Section 1702.2228, Occupations Code, as added by this Act, before January 1, 2012.

SECTION 14. 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, 2011.