84R26067 SRS-F

By: Simmons H.B. No. 2161

Substitute the following for H.B. No. 2161:

By: Phillips C.S.H.B. No. 2161

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain private security companies and occupations; expanding the applicability of an occupational license.

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 (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.

SECTION 2. 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 3. 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) installs, services at the place of installation, or sells a closed circuit television or still camera system for a fee; or

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

SECTION 4. 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 5. Subchapter J, Chapter 1702, Occupations Code, is amended by adding Section 1702.2228 to read as follows:

Sec. 1702.2228. CAMERA SYSTEMS INSTALLER. (a) 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 for a fee;

(2) offers the services described by Subdivision (1) to the public for a fee; or

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

(b) An individual does not act as a camera systems installer for purposes of this chapter if the individual is mounting or positioning hardware for a closed circuit television or still camera system or connecting that hardware to an electrical outlet and the individual:

(1) accomplishes those activities without activation of or access to the recording or transmitting functions of the closed circuit television or still camera system;

(2) performs those activities at a premises where the closed circuit television or still camera system is not connected to a separate dedicated recording device;

(3) performs those activities for a fee;

(4) has been subjected to a local and national background check within the year preceding the date of the installation that demonstrated that the individual has not been previously convicted of a sexual offense or any category of a criminal offense greater than a Class B misdemeanor; and

(5) provides verification, either personally or through the entity for whom the individual is acting as an agent, that the background check under Subdivision (4) demonstrates that the individual who performs the activities has not been previously convicted of a sexual offense or any category of a criminal offense greater than a Class B misdemeanor on request of the owner or tenant of the residence or business location where the individual performs the installation activities.

SECTION 6. Section 1702.223, Occupations Code, is amended by adding Subsection (c) to read as follows:

(c) An alarm systems installer may sell, install, maintain, repair, or service a closed circuit television or still camera system.

SECTION 7. 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 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.

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.

SECTION 10. (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, 2016. An application submitted before January 1, 2016, 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) The Texas Private Security Board shall adopt rules to implement the changes in law made by this Act not later than January 1, 2016. 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, 2016.

SECTION 11. 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, 2015.