COMPARISON OF ORIGINAL
AND SUBSTITUTE
While C.S.H.B. 75 may differ
from the original in minor or nonsubstantive ways, the following
comparison is organized and highlighted in a manner that indicates the
substantial differences between the introduced and committee substitute
versions of the bill.
INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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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.
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SECTION 1. Section 1702.002,
Occupations Code, is amended by amending Subdivisions (1) and (6-a) and
adding Subdivisions (4), (4-a), and (4-b) 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 for the purpose of security
or surveillance; or
(B) is monitored by
security personnel or an alarm systems monitor for the purposes of security
or surveillance.
(4-b) For purposes of
Subdivision (4-a), the term "closed circuit television or still camera
system" does not include a device or system of devices that is used
exclusively:
(A) to view or monitor
traffic conditions on public roads;
(B) to detect motor
vehicle violations on public roads;
(C) for telephone or
video conferencing;
(D) to monitor a manufacturing
process;
(E) for a medical purpose
by medical practitioners;
(F) by a courtroom
reporter for recording or archiving depositions or testimony;
(G) in the course of an
ongoing investigation, when installed by and remaining under the control of
a licensed investigations company; or
(H) 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.
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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.
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No
equivalent provision.
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SECTION 3. Section
1702.102(a), Occupations Code, is amended.
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SECTION 2. Same as introduced
version.
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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.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 3. 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 lock that is
capable of activation through a wireless signal.
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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).
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SECTION 4. 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, or
services a closed circuit television or still camera system; or
(2) offers to perform a
service described by Subdivision (1).
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SECTION 6. Section
1702.221(b), Occupations Code, is amended.
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SECTION 5. Same as introduced
version.
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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.
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No
equivalent provision.
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SECTION 8. Subchapter J,
Chapter 1702, Occupations Code, is amended by adding Section 1702.2228.
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SECTION 6. Same as introduced
version.
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No
equivalent provision.
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SECTION 7. 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 lock that is
capable of activation through a wireless signal.
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SECTION 9. Section
1702.224(a), Occupations Code, is amended.
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SECTION 8. Same as introduced
version.
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SECTION 10. Section
1702.288, Occupations Code, is amended by adding Subsection (f).
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SECTION 9. Same as introduced
version.
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No
equivalent provision.
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SECTION 10. 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:
(i) mechanical
security device; or
(ii) closed circuit
television or still camera system;
(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; [or]
(17) a social worker who
holds a license issued under Chapter 505 who is engaged in the practice of
social work; or
(18) a retailer,
wholesaler, or other person who sells closed circuit television or still
camera systems who does not:
(A) install or service
closed circuit television or still camera systems for the public outside of
the person's premises; or
(B) claim to act as a
camera systems company.
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SECTION 11. 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, [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.
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SECTION 11. 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 a burglar detection or alarm device 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 a burglar alarm or detection device
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 or detection device 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, closed circuit television or still camera systems,
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.
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SECTION 12. (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, 2014. An application submitted before January 1, 2014, 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, 2015, 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, 2014. 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, 2014.
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SECTION 12. (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, 2014. An application submitted before January 1, 2014, is
governed by the law in effect immediately
before the effective date of this Act, and the former law is
continued in effect for that purpose.
(b) The Texas Private
Security Board shall adopt rules to implement the changes in law made by
this Act not later than January 1, 2014. 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, 2014.
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SECTION 13. 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, 2013.
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SECTION 13. Same as
introduced version.
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