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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration and enforcement of the Private |
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Security Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1702.061, Occupations Code, is amended |
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by adding Subsection (c-1) to read as follows: |
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(c-1) The board may not adopt or enforce any rule or take any |
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action that distinguishes between persons or that favors one person |
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over another on the basis of the number of persons licensed, |
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registered, or commissioned under this chapter. |
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SECTION 2. The heading to Section 1702.239, Occupations |
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Code, is amended to read as follows: |
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Sec. 1702.239. TRAINING REQUIREMENTS FOR ALARM SYSTEMS |
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INSTALLER, ALARM SYSTEMS MONITOR, AND SECURITY SALESPERSON; |
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EXAMINATION. |
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SECTION 3. Sections 1702.239(a) and (d), Occupations Code, |
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are amended to read as follows: |
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(a) The board may require that an individual employed as an |
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alarm systems installer or security salesperson hold a |
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certification by a board-approved training program to renew an |
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endorsement. The board may approve [only] nationally recognized |
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training programs that consist of at least 16 hours of classroom |
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study in the areas of work allowed by the endorsement or any |
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professional training program reasonably related to a service |
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regulated under this section. To be approved, a training program |
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must offer at least two certification programs each year, |
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sufficient to complete the requirements of this subsection, within |
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100 miles of each county in the state that has a population of more |
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than one million [500,000]. |
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(d) If the board requires certification or examination |
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under this section, the board may [shall] implement rules to |
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require that to renew an endorsement, an individual who is employed |
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as an alarm systems installer or a security salesperson and who has |
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already once renewed the endorsement, or an individual who is |
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employed as an alarm systems monitor, must obtain continuing |
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education credits related to the line of work for which the |
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individual is licensed. If the board requires the continuing |
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education, the chief administrator may [must] approve classes |
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offered by nationally recognized organizations or may approve any |
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professional training class reasonably related to a service |
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regulated under this section. Participants [, and participants] in |
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the classes must qualify according to board rules. |
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SECTION 4. Sections 1702.288(d) and (e), Occupations Code, |
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are amended to read as follows: |
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(d) The rules shall require that, not later than the seventh |
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day after the date of selling an alarm monitoring contract to |
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[entering into a contract for services regulated by the board with] |
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another alarm systems company [or alarm systems monitor], an alarm |
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systems company shall[:
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[(1)] notify the recipient of [those] services under |
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the contract of the name, address, and telephone number of and |
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individual to contact at the company that purchased the contract[;
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[(2)
notify the recipient of services at the time the
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contract is negotiated that another licensed company may provide
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any of the services requested by subcontracting or outsourcing
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those services; and
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[(3)
if any of the services are subcontracted or
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outsourced to a licensed third party, notify the recipient of
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services, by mail, of the name, address, phone number, and license
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number of the company providing those services]. |
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(e) The rules shall require that notice provided to a |
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recipient of services under Subsection (d) shall[:
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[(1)] be mailed to the recipient in a written form that |
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emphasizes the required information[; and
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[(2)
include stickers or other materials to be affixed
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to an alarm system indicating the alarm systems company's or alarm
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systems monitor's new telephone number]. |
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SECTION 5. Section 1702.289, Occupations Code, is amended |
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to read as follows: |
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Sec. 1702.289. INSPECTIONS. (a) An employee or agent of |
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the department or board, as applicable, who enters the place of |
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business of a person regulated under this chapter for the purpose of |
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conducting an inspection [or audit] must: |
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(1) notify the manager or owner of the business of the |
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presence of the person conducting the inspection [or audit]; [and] |
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(2) present the manager or owner of the business with |
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credentials that identify the person conducting the inspection [or
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audit] as an employee or agent of the department or board; and |
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(3) explain the basis for the inspection, including |
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any applicable complaint. |
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(b) This section does not prohibit the department or board |
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from conducting an undercover investigation or covert observation |
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[audit in order] to determine compliance with this chapter or a rule |
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adopted under this chapter. |
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(c) In this section, "inspection" means an examination |
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conducted in response to a complaint or specific event suggestive |
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of a potential violation of this chapter or a rule adopted under |
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this chapter. |
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SECTION 6. Subchapter L, Chapter 1702, Occupations Code, is |
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amended by adding Section 1702.290 to read as follows: |
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Sec. 1702.290. AUDITS. (a) An employee or agent of the |
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department or board, as applicable, who enters the place of |
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business of a person regulated under this chapter for the purpose of |
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conducting an audit must: |
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(1) notify the manager or owner of the business of the |
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presence of the person conducting the audit; and |
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(2) present the manager or owner of the business with |
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credentials that identify the person conducting the audit as an |
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employee or agent of the department or board. |
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(b) This section does not prohibit the department or board |
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from conducting an undercover investigation or covert observation |
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to determine compliance with this chapter or a rule adopted under |
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this chapter. |
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(c) In this section, "audit" means a random or routine |
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review and evaluation of a license holder's records, equipment, and |
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facilities for the purpose of ensuring compliance with this chapter |
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or a rule adopted under this chapter. |
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SECTION 7. Section 1702.370, Occupations Code, is amended |
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to read as follows: |
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Sec. 1702.370. EFFECT OF SUSPENSION; MONITORING OF |
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EXISTING ALARM CONTRACTS. Subject to expiration of the license |
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under Section 1702.306, a license holder may continue to monitor |
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under an existing alarm contract [or contract to monitor under an
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existing alarm contract] for 45 [30] days after the date of |
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suspension of the person's license. |
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SECTION 8. This Act takes effect September 1, 2017. |