Texas 2009 - 81st Regular

Texas House Bill HB4137 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Frost H.B. No. 4137
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to licensing requirements for persons who sell, install,
7	7	service, monitor or respond to certain camera systems.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 1702, Occupations Code, is amended by
10	10	amending Section 1702.002 to read as follows:
11	11	Sec. 1702.002. DEFINITIONS. In this chapter:
12	12	(1) "Alarm system" means:
13	13	(A) electronic equipment and devices designed to
14	14	detect or signal:
15	15	(i) an unauthorized entry or attempted
16	16	entry of a person or object into a residence, business, or area
17	17	monitored by the system; or
18	18	(ii) the occurrence of a robbery or other
19	19	emergency; or
20	20	(B) electronic equipment and devices using a
21	21	computer or data processor designed to control the access of a
22	22	person, vehicle, or object through a door, gate, or entrance into
23	23	the controlled area of a residence or business; [or
24	24	[(C) a television camera or still camera system
25	25	that:
26	26	[(i) records or archives images of property
27	27	or individuals in a public or private area of a residence or
28	28	business; or
29	29	[(ii) is monitored by security personnel or
30	30	services.
31	31	(23) "Camera System" means any device
32	32	or system of devices used to capture still photographs or any
33	33	sequence of moving images that: are viewable, captured, recorded
34	34	or archived; or is monitored by security personnel, a security
35	35	service, or an alarm company; or provides means to view the still
36	36	photographs or sequence of moving images from inside or outside a
37	37	residence, home or business; or may be used to view, detect,
38	38	capture, record, or archive possible civil or criminal law
39	39	violations in public or private places.
40	40	(23-a) For purposes of subdivision
41	41	(23), the term "Camera System" does not include any device or system
42	42	of devices used to capture electronic pictures or images that is
43	43	used exclusively for the purpose of viewing and monitoring traffic
44	44	conditions on public roads; or is used exclusively to detect motor
45	45	vehicle violations on public roads; or is used exclusively for
46	46	telephone or video conferencing; or is used exclusively to monitor
47	47	a manufacturing process; or is used exclusively for medical
48	48	purposes by medical practitioners; or is used exclusively by a
49	49	courtroom reporter for the purposes of recording and archiving
50	50	depositions or testimonies.
51	51	SECTION 2. Chapter 1702, Occupations Code, is amended by
52	52	adding Section 1702.1057 to read as follows: Sec. 1702.1057 CAMERA
53	53	SYSTEMS COMPANY. (a) Unless a person holds a license as a security
54	54	services contractor, a person may not sell, offer to sell, install,
55	55	service, monitor, or respond to a Camera System.
56	56	SECTION 3. Section 1702, Occupations Code, is amended by
57	57	amending Section 1702.102 to read as follows:
58	58	Sec. 1702.102. SECURITY SERVICES CONTRACTOR LICENSE
59	59	REQUIRED; SCOPE OF LICENSE. (a) Unless the person holds a license
60	60	as a security services contractor, a person may not:
61	61	(1) act as an alarm systems company, armored car
62	62	company, camera systems company, courier company, guard company,
63	63	guard dog company, locksmith company, or private security
64	64	consultant company;
65	65	(2) offer to perform the services of a company in
66	66	Subdivision (1); or
67	67	(3) engage in business activity for which a license is
68	68	required under this chapter.
69	69	SECTION 4. Section 1702, Occupations Code, is amended by
70	70	amending Section 1702.328 to read as follows: Sec. 1702.328.
71	71	SECURITY SYSTEMS SALES AND INSTALLATION. This chapter does not
72	72	apply to:
73	73	(1) a person who owns and installs a burglar detection
74	74	electronic access control device, lock, camera system or alarm
75	75	device on the person's own property or, [if the person does not
76	76	charge for the device or the installation], installs the device for
77	77	the protection of the person's personal property located on another
78	78	person's property and does not, as a normal business practice,
79	79	install the devices on the property of another, and who does not
80	80	perform any other act that requires a license under this chapter;
81	81	(2) a person in the business of building construction
82	82	that installs electrical wiring and devices that may include in
83	83	part the installation of a burglar alarm, electronic access control
84	84	device, lock, camera system or detection device if:
85	85	(A) the person is a party to a contract that
86	86	provides that:
87	87	(i) the installation will be performed,
88	88	[under the direct supervision of, and] inspected and certified by,
89	89	a person licensed to install and certify the alarm, electronic
90	90	access control device, lock, camera system or detection device; and
91	91	(ii) the license holder assumes full
92	92	responsibility for the installation of the alarm or detection
93	93	device; and
94	94	(B) the person does not service or maintain alarm
95	95	systems, electronic access control devices, locks, camera systems
96	96	or detection devices,or any other device or service regulated by
97	97	this chapter;
98	98	(3) a person who sells or installs automobile burglar
99	99	alarm devices and who does not perform any other act that requires a
100	100	license under this chapter; or
101	101	(4) a person who sells exclusively by e-commerce, over
102	102	the counter transactions, or mail order, alarm systems, electronic
103	103	access control devices, locks, or detection devices, and who does
104	104	not perform any other act that requires a license under this
105	105	chapter.
106	106	SECTION 5. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2009.