Bill Text: TX HB3115 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the administration and enforcement of the Private Security Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-08 - Committee report sent to Calendars [HB3115 Detail]
Download: Texas-2017-HB3115-Comm_Sub.html
85R27123 JCG-F | |||
By: Simmons | H.B. No. 3115 | ||
Substitute the following for H.B. No. 3115: | |||
By: Burns | C.S.H.B. No. 3115 |
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relating to the administration and enforcement of the Private | ||
Security Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1702.061, Occupations Code, is amended | ||
by adding Subsection (c-1) to read as follows: | ||
(c-1) The board may not adopt or enforce any rule or take any | ||
action that distinguishes between persons or that favors one person | ||
over another on the basis of the number of persons licensed, | ||
registered, or commissioned under this chapter. | ||
SECTION 2. The heading to Section 1702.239, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1702.239. TRAINING REQUIREMENTS FOR ALARM SYSTEMS | ||
INSTALLER, ALARM SYSTEMS MONITOR, AND SECURITY SALESPERSON; | ||
EXAMINATION. | ||
SECTION 3. Sections 1702.239(a) and (d), Occupations Code, | ||
are amended to read as follows: | ||
(a) The board may require that an individual employed as an | ||
alarm systems installer or security salesperson hold a | ||
certification by a board-approved training program to renew an | ||
endorsement. The board may approve [ |
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training programs that consist of at least 16 hours of classroom | ||
study in the areas of work allowed by the endorsement or any | ||
professional training program reasonably related to a service | ||
regulated under this section. To be approved, a training program | ||
must offer at least two certification programs each year, | ||
sufficient to complete the requirements of this subsection, within | ||
100 miles of each county in the state that has a population of more | ||
than one million [ |
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(d) If the board requires certification or examination | ||
under this section, the board may [ |
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require that to renew an endorsement, an individual who is employed | ||
as an alarm systems installer or a security salesperson and who has | ||
already once renewed the endorsement, or an individual who is | ||
employed as an alarm systems monitor, must obtain continuing | ||
education credits related to the line of work for which the | ||
individual is licensed. If the board requires the continuing | ||
education, the chief administrator may [ |
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offered by nationally recognized organizations or may approve any | ||
professional training class reasonably related to a service | ||
regulated under this section. Participants [ |
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the classes must qualify according to board rules. | ||
SECTION 4. Sections 1702.288(d) and (e), Occupations Code, | ||
are amended to read as follows: | ||
(d) The rules shall require that, not later than the seventh | ||
day after the date of selling an alarm monitoring contract to | ||
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another alarm systems company [ |
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systems company shall[ |
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the contract of the name, address, and telephone number of and | ||
individual to contact at the company that purchased the contract[ |
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(e) The rules shall require that notice provided to a | ||
recipient of services under Subsection (d) shall[ |
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emphasizes the required information[ |
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SECTION 5. Section 1702.289, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1702.289. INSPECTIONS. (a) An employee or agent of | ||
the department or board, as applicable, who enters the place of | ||
business of a person regulated under this chapter for the purpose of | ||
conducting an inspection [ |
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(1) notify the manager or owner of the business of the | ||
presence of the person conducting the inspection [ |
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(2) present the manager or owner of the business with | ||
credentials that identify the person conducting the inspection [ |
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(3) explain the basis for the inspection, including | ||
any applicable complaint. | ||
(b) This section does not prohibit the department or board | ||
from conducting an undercover investigation or covert observation | ||
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adopted under this chapter. | ||
(c) In this section, "inspection" means an examination | ||
conducted in response to a complaint or specific event suggestive | ||
of a potential violation of this chapter or a rule adopted under | ||
this chapter. | ||
SECTION 6. Subchapter L, Chapter 1702, Occupations Code, is | ||
amended by adding Section 1702.290 to read as follows: | ||
Sec. 1702.290. AUDITS. (a) An employee or agent of the | ||
department or board, as applicable, who enters the place of | ||
business of a person regulated under this chapter for the purpose of | ||
conducting an audit must: | ||
(1) notify the manager or owner of the business of the | ||
presence of the person conducting the audit; and | ||
(2) present the manager or owner of the business with | ||
credentials that identify the person conducting the audit as an | ||
employee or agent of the department or board. | ||
(b) This section does not prohibit the department or board | ||
from conducting an undercover investigation or covert observation | ||
to determine compliance with this chapter or a rule adopted under | ||
this chapter. | ||
(c) In this section, "audit" means a random or routine | ||
review and evaluation of a license holder's records, equipment, and | ||
facilities for the purpose of ensuring compliance with this chapter | ||
or a rule adopted under this chapter. | ||
SECTION 7. Section 1702.370, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1702.370. EFFECT OF SUSPENSION; MONITORING OF | ||
EXISTING ALARM CONTRACTS. Subject to expiration of the license | ||
under Section 1702.306, a license holder may continue to monitor | ||
under an existing alarm contract [ |
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suspension of the person's license. | ||
SECTION 8. This Act takes effect September 1, 2017. |