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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain professions under 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. 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. To be |
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approved, a training program must offer at least two certification |
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programs each year, sufficient to complete the requirements of this |
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subsection, within 100 miles of each county in the state that has a |
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population of more 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 not [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 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 must approve classes offered by
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nationally recognized organizations, and participants in the
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classes must qualify according to board rules.] |
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SECTION 3. 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 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 4. 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) have reasonable suspicion of a violation of this |
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chapter or a rule adopted under this chapter. |
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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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SECTION 5. 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) An employee or agent of the department or board, as |
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applicable, who enters the place of business of a person regulated |
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under this chapter for the purpose of conducting an audit may not |
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conduct an audit without the express consent of the manager or owner |
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of the business. |
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(c) 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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SECTION 6. Section 1702.308(a), Occupations Code, is |
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amended to read as follows: |
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(a) This section does not apply to a noncommissioned |
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security officer or an employee of an alarm systems company. |
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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. Section 1702.388, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Except as provided by Subsection (c), an [An] offense |
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under this section is a Class A misdemeanor, except that the offense |
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is a felony of the third degree if the person has previously been |
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convicted under this chapter of failing to hold a license, |
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registration, endorsement, certificate, or commission that the |
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person is required to hold under this chapter. |
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(c) An offense under this section for a violation of a rule |
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adopted under this chapter is a Class C misdemeanor. |
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SECTION 9. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 10. This Act takes effect September 1, 2017. |