By: Frost H.B. No. 4137
A BILL TO BE ENTITLED
AN ACT
relating to licensing requirements for persons who sell, install,
service, monitor or respond to certain camera systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1702, Occupations Code, is amended by
amending Section 1702.002 to read as follows:
Sec. 1702.002. DEFINITIONS. In this chapter:
(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.
(23) "Camera System" means any device
or system of devices used to capture still photographs or any
sequence of moving images that: are viewable, captured, recorded
or archived; or is monitored by security personnel, a security
service, or an alarm company; or provides means to view the still
photographs or sequence of moving images from inside or outside a
residence, home or business; or may be used to view, detect,
capture, record, or archive possible civil or criminal law
violations in public or private places.
(23-a) For purposes of subdivision
(23), the term "Camera System" does not include any device or system
of devices used to capture electronic pictures or images that is
used exclusively for the purpose of viewing and monitoring traffic
conditions on public roads; or is used exclusively to detect motor
vehicle violations on public roads; or is used exclusively for
telephone or video conferencing; or is used exclusively to monitor
a manufacturing process; or is used exclusively for medical
purposes by medical practitioners; or is used exclusively by a
courtroom reporter for the purposes of recording and archiving
depositions or testimonies.
SECTION 2. Chapter 1702, Occupations Code, is amended by
adding Section 1702.1057 to read as follows: Sec. 1702.1057 CAMERA
SYSTEMS COMPANY. (a) Unless a person holds a license as a security
services contractor, a person may not sell, offer to sell, install,
service, monitor, or respond to a Camera System.
SECTION 3. Section 1702, Occupations Code, is amended by
amending Section 1702.102 to read as follows:
Sec. 1702.102. SECURITY SERVICES CONTRACTOR LICENSE
REQUIRED; SCOPE OF LICENSE. (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, Occupations Code, is amended by
amending Section 1702.328 to read as follows: Sec. 1702.328.
SECURITY SYSTEMS SALES AND INSTALLATION. This chapter does not
apply to:
(1) a person who owns and installs a burglar detection
electronic access control device, lock, camera system or alarm
device on the person's own property or, [if the person does not
charge for the device or the installation], installs the 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 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 a burglar alarm, electronic access control
device, lock, camera system or detection device 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, electronic
access control device, lock, camera system or detection device; and
(ii) the license holder assumes full
responsibility for the installation of the alarm or detection
device; and
(B) the person does not service or maintain alarm
systems, electronic access control devices, locks, camera systems
or detection devices,or any other device or service regulated by
this chapter;
(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 5. 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, 2009.