Bill Text: TX HB1867 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the regulation of certain private security companies and occupations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-04-18 - Reported favorably as substituted [HB1867 Detail]

Download: Texas-2011-HB1867-Introduced.html

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82R3628 SLB-F
By: Fletcher H.B. No. 1867

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain private security companies
and occupations.
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 (13-a) 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) "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;
(B) is monitored by security personnel for the
purposes of security or surveillance; and
(C) is not 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; or
(viii) by a law enforcement agency to
monitor criminal activity.
(4-a) "Camera systems company" means a person who
performs the activities described by Section 1702.1057.
(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.
(13-a) "Lock" means a fastening device that:
(A) is used to secure, regulate, activate, or
control a door, gate, drawer, cabinet, safe, or automobile by means
of a mechanical or electric device, including a latch, bolt, key,
transmitter, card-reader, keypad, or proximity key fob; and
(B) is not monitored by security personnel or
services and does not send a signal to which law enforcement or
emergency services respond.
SECTION 2. Section 1702.021(a), Occupations Code, is
amended to read as follows:
(a) The Texas Private Security Board consists of nine
[seven] members appointed by the governor with the advice and
consent of the senate as follows:
(1) five [four] public members, each of whom is a
citizen of the United States;
(2) one member who is licensed under this chapter as a
private investigator;
(3) one member who is licensed under this chapter as an
alarm systems company; [and]
(4) one member who is licensed under this chapter as
the owner or operator of a guard company; and
(5) one member who is licensed under this chapter as a
locksmith.
SECTION 3. 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 4. Section 1702.1056(a), Occupations Code, is
amended to read as follows:
(a) A person acts as a locksmith company for the purposes of
this chapter if the person:
(1) for a fee and with legal authorization, sells,
installs, services, [or] maintains, bypasses, or defeats
electronic access control devices or [offers to sell, install,
service, or maintain,] mechanical security devices, including
deadbolts and locks;
(2) advertises services traditionally offered by a
[the] company using the term "locksmith"; or
(3) includes the term "locksmith" in the company's
name.
SECTION 5. 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) sells, installs, services, or monitors a closed
circuit television or still camera system; or
(2) offers to perform a service described by
Subdivision (1).
SECTION 6. 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 7. Section 1702.2227(a), Occupations Code, is
amended to read as follows:
(a) An individual acts as a locksmith for the purposes of
this chapter if the person:
(1) for a fee and with legal authorization, sells,
installs, services, [or] maintains, bypasses, or defeats
electronic access control devices or mechanical security devices,
including deadbolts and locks; or
(2) advertises or offers locksmith services to the
public or represents to the public that the person is a locksmith.
SECTION 8. Subchapter J, Chapter 1702, Occupations Code, is
amended by adding Section 1702.2228 to read as follows:
Sec. 1702.2228. CAMERA SYSTEMS INSTALLER. 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; or
(2) advertises or offers the services under
Subdivision (1) to the public or represents to the public that the
person is a camera systems installer.
SECTION 9. Section 1702.288, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) A license holder acting as an alarm systems company does
not have to provide the notice required under Subsection (d) if the
contact information, including the address and the telephone
numbers for the alarm company, has not changed.
SECTION 10. 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 an alarm system or
[a burglar] detection [or alarm] device, electronic access control
device, lock, or 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 an [a burglar] alarm system, [or]
detection device, electronic access control device, lock, or 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 system,
[or] detection device, electronic access control device, lock, 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, or detection devices and who does
not perform any other act that requires a license under this
chapter.
SECTION 11. (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,
2012. An application submitted before January 1, 2012, 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) Not later than February 1, 2013, the governor shall
appoint the members of the Texas Private Security Board necessary
to ensure the composition of the board complies with Section
1702.021, Occupations Code, as amended by this Act.
(c) The Texas Private Security Board shall adopt rules to
implement the changes in law made by this Act not later than January
1, 2012. 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, 2012.
SECTION 12. 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, 2011.