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AN ACT
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relating to the regulation of certain battery-charged fences by |
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municipalities and counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Local Government Code, is amended |
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by adding Section 250.009 to read as follows: |
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Sec. 250.009. BATTERY-CHARGED FENCES. (a) In this |
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section, "alarm system" means an alarm system for which a permit may |
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be issued under Subchapter F or F-1, Chapter 214, or Subchapter D, |
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Chapter 233. |
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(b) This section applies only to a battery-charged fence |
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that: |
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(1) interfaces with an alarm system in a manner that |
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enables the fence to cause the connected alarm system to transmit a |
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signal intended to summon law enforcement in response to a |
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burglary; |
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(2) is located on property that is not designated by a |
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municipality or county for residential use; |
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(3) has an energizer that is driven by a commercial |
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storage battery that is not more than 12 volts of direct current; |
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(4) produces an electric charge on contact that does |
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not exceed energizer characteristics set for electric fence |
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energizers by the International Electrotechnical Commission as |
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published in the commission's standards on June 29, 2018; |
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(5) is completely surrounded by a nonelectric |
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perimeter fence or wall that is not less than five feet in height; |
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(6) is not more than the higher of: |
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(A) 10 feet in height; or |
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(B) two feet higher than the height of the |
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nonelectric perimeter fence or wall; and |
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(7) is marked with conspicuous warning signs that are |
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located on the battery-charged fence at not less than 60-foot |
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intervals and that read: "WARNING--ELECTRIC FENCE." |
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(c) Notwithstanding any other law, a municipality or county |
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may not adopt or enforce an ordinance, order, or regulation that: |
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(1) requires a permit for the installation or use of a |
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battery-charged fence to which this section applies that is in |
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addition to an alarm system permit issued by the municipality or |
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county; |
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(2) imposes installation or operational requirements |
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for: |
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(A) the battery-charged fence that are |
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inconsistent with the standards set by the International |
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Electrotechnical Commission as published on June 29, 2018; or |
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(B) an alarm system described by Subsection (b); |
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or |
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(3) prohibits the installation or use of a |
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battery-charged fence. |
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SECTION 2. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3371 was passed by the House on April |
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18, 2019, by the following vote: Yeas 146, Nays 1, 2 present, not |
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voting; |
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that the House concurred in Senate amendments to H.B. No. |
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3371 on May 24, 2019, by the following vote: Yeas 132, Nays 7, 2 |
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present, not voting; and that the House adopted H.C.R. No. 186 |
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authorizing certain corrections in H.B. No. 3371 on May 25, 2019, by |
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the following vote: Yeas 146, Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3371 was passed by the Senate, with |
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amendments, on May 22, 2019, by the following vote: Yeas 30, Nays |
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1; and that the Senate adopted H.C.R. No. 186 authorizing certain |
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corrections in H.B. No. 3371 on May 26, 2019, by the following vote: |
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Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |