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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [only] nationally recognized
  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 [500,000].
         (d)  If the board requires certification or examination
  under this section, the board may [shall] implement rules to
  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 [must] approve classes
  offered by nationally recognized organizations or may approve any
  professional training class reasonably related to a service
  regulated under this section.  Participants [, and participants] in
  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
  [entering into a contract for services regulated by the board with]
  another alarm systems company [or alarm systems monitor], an alarm
  systems company shall[:
               [(1)]  notify the recipient of [those] services under
  the contract of the name, address, and telephone number of and
  individual to contact at the company that purchased the contract[;
               [(2)     notify the recipient of services at the time the
  contract is negotiated that another licensed company may provide
  any of the services requested by subcontracting or outsourcing
  those services; and
               [(3)     if any of the services are subcontracted or
  outsourced to a licensed third party, notify the recipient of
  services, by mail, of the name, address, phone number, and license
  number of the company providing those services].
         (e)  The rules shall require that notice provided to a
  recipient of services under Subsection (d) shall[:
               [(1)]  be mailed to the recipient in a written form that
  emphasizes the required information[; and
               [(2)     include stickers or other materials to be affixed
  to an alarm system indicating the alarm systems company's or alarm
  systems monitor's new telephone number].
         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 [or audit] must:
               (1)  notify the manager or owner of the business of the
  presence of the person conducting the inspection [or audit]; [and]
               (2)  present the manager or owner of the business with
  credentials that identify the person conducting the inspection [or
  audit] as an employee or agent of the department or board; and
               (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
  [audit in order] to determine compliance with this chapter or a rule
  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 [or contract to monitor under an
  existing alarm contract] for 45 [30] days after the date of
  suspension of the person's license.
         SECTION 8.  This Act takes effect September 1, 2017.