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Amend HB 3433 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 1702.105, Occupations Code, is amended to read as follows:
Sec. 1702.105.  ALARM SYSTEMS COMPANY. (a) A person acts as an alarm systems company for the purposes of this chapter if the person sells, installs, services, monitors, or responds to an alarm system or detection device.
(b)  An alarm systems company may sell, install, maintain, or service, or offer to sell, install, maintain, or service, an electronic access control device or a mechanical security device that is capable of activation through a wireless signal. An alarm systems company may not rekey an electronic access control device or mechanical security device that can be activated by a key. This subsection does not apply to a mechanical security device or electronic access control device installed in a motor vehicle.
SECTION ____.  Section 1702.223(b), Occupations Code, is amended to read as follows:
(b)  An alarm systems installer may sell, install, maintain, [or] repair, or service an electronic access control device or a mechanical security device that is capable of activation through a wireless signal. An alarm systems installer may not rekey an electronic access control device or mechanical security device that can be activated by a key. This subsection does not apply to a mechanical security device or electronic access control device installed in a motor vehicle.
SECTION ____.  Section 1702.324(b), Occupations Code, is amended to read as follows:
(b)  This chapter does not apply to:
(1)  a manufacturer or a manufacturer's authorized distributor while selling equipment intended for resale;
(2)  a person engaged exclusively in the business of obtaining and providing information to:
(A)  determine creditworthiness;
(B)  collect debts; or
(C)  ascertain the reliability of information provided by an applicant for property, life, or disability insurance or an indemnity or surety bond;
(3)  a person engaged exclusively in the business of repossessing property that is secured by a mortgage or other security interest;
(4)  a person who is engaged in the business of psychological testing or other testing and interviewing services, including services to determine attitudes, honesty, intelligence, personality, and skills, for preemployment purposes;
(5)  a person who:
(A)  is engaged in obtaining information that is a public record under Chapter 552, Government Code, regardless of whether the person receives compensation;
(B)  is not a full-time employee, as defined by Section 61.001, Labor Code, of a person licensed under this chapter; and
(C)  does not perform any other act that requires a license under this chapter;
(6)  a licensed engineer practicing engineering or directly supervising engineering practice under Chapter 1001, including forensic analysis, burglar alarm system engineering, and necessary data collection;
(7)  an employee of a cattle association who inspects livestock brands under the authority granted to the cattle association by the Grain Inspection, Packers and Stockyards Administration of the United States Department of Agriculture;
(8)  a landman performing activities in the course and scope of the landman's business;
(9)  an attorney while engaged in the practice of law;
(10)  a person who obtains a document for use in litigation under an authorization or subpoena issued for a written or oral deposition;
(11)  an admitted insurer, insurance adjuster, agent, or insurance broker licensed by the state, performing duties in connection with insurance transacted by that person;
(12)  a person who on the person's own property or on property owned or managed by the person's employer:
(A)  installs, changes, or repairs a mechanical security device;
(B)  repairs an electronic security device; or
(C)  cuts or makes a key for a security device;
(13)  security personnel, including security contract personnel, working at a commercial nuclear power plant licensed by the United States Nuclear Regulatory Commission;
(14)  a person or firm licensed as an accountant or accounting firm under Chapter 901, an owner of an accounting firm, or an employee of an accountant or accounting firm while performing services regulated under Chapter 901;
(15)  a retailer, wholesaler, or other person who sells mechanical security devices, including locks and deadbolts, but who does not:
(A)  service mechanical security devices for the public outside of the person's premises; or
(B)  claim to act as a locksmith;
(16)  an employee while performing investigative services that would otherwise be subject to this chapter for an entity regulated by the:
(A)  Texas Department of Insurance;
(B)  Office of Thrift Supervision;
(C)  Securities and Exchange Commission;
(D)  Federal Deposit Insurance Corporation; or
(E)  Financial Industry Regulatory Authority;
(17)  a social worker who holds a license issued under Chapter 505 who is engaged in the practice of social work;
(18)  persons licensed under Chapter 1101, Occupations Code, an association thereof, their authorized agents, or a multiple listing service, engaged in the business of selling, maintaining, repairing, programming, or placing lockboxes used for accessing real property; or
(19)  an automobile club that holds a certificate of authority under Chapter 722, Transportation Code, its subcontractor, or a business that provides similar services, that unlocks a vehicle at the request of the owner or operator of the vehicle and that does not otherwise perform a locksmith service.