86R12014 JCG-F
 
  By: Darby H.B. No. 3371
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of certain battery-charged fences by
  municipalities and counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 250, Local Government Code, is amended
  by adding Section 250.009 to read as follows:
         Sec. 250.009.  BATTERY-CHARGED FENCES. (a)  In this
  section, "alarm system" means an alarm system for which a permit may
  be issued under Subchapter F or F-1, Chapter 214, or Subchapter D,
  Chapter 233.
         (b)  This section applies only to a battery-charged fence
  that:
               (1)  interfaces with an alarm system in a manner that
  enables the fence to cause the connected alarm system to transmit a
  signal intended to summon law enforcement in response to a
  burglary;
               (2)  is located on property that is not designated by a
  municipality or county for residential use;
               (3)  has an energizer that is driven by a commercial
  storage battery that is not more than 12 volts of direct current;
               (4)  produces an electric charge on contact that does
  not exceed energizer characteristics set for electric fence
  energizers by the International Electrotechnical Commission as
  published in the commission's standards on June 29, 2018;
               (5)  is completely surrounded by a nonelectric
  perimeter fence or wall that is not less than five feet in height;
               (6)  is not more than the higher of:
                     (A)  10 feet in height; or
                     (B)  two feet higher than the height of the
  nonelectric perimeter fence or wall; and
               (7)  is marked with conspicuous warning signs that are
  located on the battery-charged fence at not less than 60-foot
  intervals and that read: "WARNING--ELECTRIC FENCE."
         (c)  Notwithstanding any other law, a municipality or county
  may not adopt or enforce an ordinance, order, or regulation that:
               (1)  requires a permit for the installation or use of a
  battery-charged fence to which this section applies that is in
  addition to an alarm system permit issued by the municipality or
  county;
               (2)  imposes installation or operational requirements
  for the battery-charged fence that are inconsistent with the
  standards described by Subsection (b); or
               (3)  prohibits the installation or use of a
  battery-charged fence.
         SECTION 2.  This Act takes effect September 1, 2019.