83R1467 SLB-F
 
  By: Fletcher H.B. No. 75
 
 
 
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, closed circuit television or still 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 1702.328, 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.
         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.
         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.