SECTION 1. Section 1702.002,
Occupations Code, is amended by amending Subdivisions (1) and (6-a) and
adding Subdivisions (4) and (4-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;
(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; and
(D) does not include a
camera used for videoconferencing that is integrated or attached to:
(i) a wireless
communication device capable of using a commercial mobile service as
defined by 47 U.S.C. Section 332;
(ii) computer equipment,
as defined by Section 361.952, Health and Safety Code; or
(iii) a television, as
defined by Section 361.952, Health and Safety Code.
(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 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 purposes 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) "Closed circuit television or still camera system"
does not include:
(A) a device or system of devices that is 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;
(viii) by a law
enforcement agency to monitor criminal activity; or
(ix) for any purpose other than for the purposes of security or
surveillance; and
(B) a camera used for
videoconferencing that is integrated or attached to:
(i) a wireless
communication device capable of using a commercial mobile service as
defined by 47 U.S.C. Section 332;
(ii) computer equipment,
as defined by Section 361.952, Health and Safety Code; or
(iii) a television, as
defined by Section 361.952, Health and Safety Code.
(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 7. 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 the Comptroller of the Currency [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, 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; or
(20) a retailer,
wholesaler, or other person who sells closed circuit television or still
camera systems and does not:
(A) install or service
closed circuit television or still camera systems for the public outside
the person's premises; or
(B) claim to act as a
camera systems company.
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SECTION 8. 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 a federally insured
financial institution or 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
(C) [(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, 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; or
(20) a retailer,
wholesaler, or other person who sells closed circuit television or still
camera systems and does not:
(A) install or service closed
circuit television or still camera systems for the public outside the
person's premises; or
(B) claim to act as a
camera systems company.
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SECTION 8. 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 a 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 a 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 9. 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 a 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 a 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; 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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