Texas 2011 - 82nd Regular

Texas Senate Bill SB1400 Compare Versions

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1	1	82R19920 SLB-F
2	2	By: Patrick S.B. No. 1400
3	3	(Fletcher)
4	4	Substitute the following for S.B. No. 1400: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of certain private security companies
10	10	and occupations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1702.002, Occupations Code, is amended
13	13	by amending Subdivisions (1) and (6-a) and adding Subdivisions (4),
14	14	(4-a), and (13-a) to read as follows:
15	15	(1) "Alarm system" means:
16	16	(A) electronic equipment and devices designed to
17	17	detect or signal:
18	18	(i) an unauthorized entry or attempted
19	19	entry of a person or object into a residence, business, or area
20	20	monitored by the system; or
21	21	(ii) the occurrence of a robbery or other
22	22	emergency; or
23	23	(B) electronic equipment and devices using a
24	24	computer or data processor designed to control the access of a
25	25	person, vehicle, or object through a door, gate, or entrance into
26	26	the controlled area of a residence or business[; or
27	27	[(C) a television camera or still camera system
28	28	that:
29	29	[(i) records or archives images of property
30	30	or individuals in a public or private area of a residence or
31	31	business; or
32	32	[(ii) is monitored by security personnel or
33	33	services].
34	34	(4) "Camera systems company" means a person who
35	35	performs the activities described by Section 1702.1057.
36	36	(4-a) "Closed circuit television or still camera
37	37	system" means a device or system of devices that:
38	38	(A) records or transmits, including transmission
39	39	by an intranet or Internet device, an image or series of images;
40	40	(B) is monitored by security personnel or an
41	41	alarm systems monitor for the purposes of security or surveillance;
42	42	and
43	43	(C) is not used exclusively:
44	44	(i) to view or monitor traffic conditions
45	45	on public roads;
46	46	(ii) to detect motor vehicle violations on
47	47	public roads;
48	48	(iii) for telephone or video conferencing;
49	49	(iv) to monitor a manufacturing process;
50	50	(v) for a medical purpose by medical
51	51	practitioners;
52	52	(vi) by a courtroom reporter for recording
53	53	or archiving depositions or testimony;
54	54	(vii) in the course of an ongoing
55	55	investigation, when installed by and remaining under the control of
56	56	a licensed investigations company; or
57	57	(viii) by a law enforcement agency to
58	58	monitor criminal activity.
59	59	(6-a) "Electronic access control device" means an
60	60	electronic, electrical, or computer-based device, including a
61	61	telephone entry system, that allows access to a controlled area [of
62	62	a business], but that is not monitored by security personnel or
63	63	services and does not send a signal to which law enforcement or
64	64	emergency services respond. The term does not include:
65	65	(A) a mechanical device, such as a deadbolt or
66	66	lock; or
67	67	(B) an operator for opening or closing a
68	68	commercial gate or door or an accessory, such as a fixed or portable
69	69	transmitter, card-reader, or keypad, if the operator or accessory
70	70	is used only to activate the gate or door and is not connected to an
71	71	alarm system.
72	72	(13-a) "Lock" means a fastening device that:
73	73	(A) is used to secure, regulate, activate, or
74	74	control a door, gate, drawer, cabinet, safe, or automobile by means
75	75	of a mechanical or electric device, including a latch, bolt, key,
76	76	transmitter, card-reader, keypad, or proximity key fob; and
77	77	(B) is not monitored by security personnel or
78	78	services and does not send a signal to which law enforcement or
79	79	emergency services respond.
80	80	SECTION 2. Section 1702.021(a), Occupations Code, is
81	81	amended to read as follows:
82	82	(a) The Texas Private Security Board consists of nine
83	83	[seven] members appointed by the governor with the advice and
84	84	consent of the senate as follows:
85	85	(1) five [four] public members, each of whom is a
86	86	citizen of the United States;
87	87	(2) one member who is licensed under this chapter as a
88	88	private investigator;
89	89	(3) one member who is licensed under this chapter as an
90	90	alarm systems company; [and]
91	91	(4) one member who is licensed under this chapter as
92	92	the owner or operator of a guard company; and
93	93	(5) one member who is licensed under this chapter as a
94	94	locksmith.
95	95	SECTION 3. Section 1702.102(a), Occupations Code, is
96	96	amended to read as follows:
97	97	(a) Unless the person holds a license as a security services
98	98	contractor, a person may not:
99	99	(1) act as an alarm systems company, armored car
100	100	company, camera systems company, courier company, guard company,
101	101	guard dog company, locksmith company, or private security
102	102	consultant company;
103	103	(2) offer to perform the services of a company in
104	104	Subdivision (1); or
105	105	(3) engage in business activity for which a license is
106	106	required under this chapter.
107	107	SECTION 4. Section 1702.1056(a), Occupations Code, is
108	108	amended to read as follows:
109	109	(a) A person acts as a locksmith company for the purposes of
110	110	this chapter if the person:
111	111	(1) for a fee and with legal authorization, sells,
112	112	installs, services, [or] maintains, bypasses, or defeats
113	113	electronic access control devices or [offers to sell, install,
114	114	service, or maintain,] mechanical security devices, including
115	115	deadbolts and locks;
116	116	(2) advertises services traditionally offered by a
117	117	[the] company using the term "locksmith"; or
118	118	(3) includes the term "locksmith" in the company's
119	119	name.
120	120	SECTION 5. Subchapter F, Chapter 1702, Occupations Code, is
121	121	amended by adding Section 1702.1057 to read as follows:
122	122	Sec. 1702.1057. CAMERA SYSTEMS COMPANY. A person acts as a
123	123	camera systems company for purposes of this chapter if the person:
124	124	(1) sells, installs, services, or monitors a closed
125	125	circuit television or still camera system; or
126	126	(2) offers to perform a service described by
127	127	Subdivision (1).
128	128	SECTION 6. Section 1702.221(b), Occupations Code, is
129	129	amended to read as follows:
130	130	(b) An individual must obtain the appropriate endorsement
131	131	in accordance with the requirements of this chapter and related
132	132	administrative rules if the individual:
133	133	(1) is employed as:
134	134	(A) an alarm instructor;
135	135	(B) an alarm systems installer;
136	136	(C) an alarm systems monitor;
137	137	(D) an electronic access control device
138	138	installer;
139	139	(E) a level 3 classroom or firearm instructor;
140	140	(F) a locksmith;
141	141	(G) a dog trainer;
142	142	(H) a manager or branch office manager;
143	143	(I) a noncommissioned security officer;
144	144	(J) a level 4 personal protection instructor;
145	145	(K) a private investigator;
146	146	(L) a private security consultant;
147	147	(M) a security salesperson; [or]
148	148	(N) a camera systems installer; or
149	149	(O) an individual whose duties include
150	150	performing another activity for which an endorsement is required
151	151	under Subsection (e); or
152	152	(2) is an owner who oversees the security-related
153	153	aspects of the business, officer, partner, or shareholder of a
154	154	license holder.
155	155	SECTION 7. Section 1702.2227(a), Occupations Code, is
156	156	amended to read as follows:
157	157	(a) An individual acts as a locksmith for the purposes of
158	158	this chapter if the person:
159	159	(1) for a fee and with legal authorization, sells,
160	160	installs, services, [or] maintains, bypasses, or defeats
161	161	electronic access control devices or mechanical security devices,
162	162	including deadbolts and locks; or
163	163	(2) advertises or offers locksmith services to the
164	164	public or represents to the public that the person is a locksmith.
165	165	SECTION 8. Subchapter J, Chapter 1702, Occupations Code, is
166	166	amended by adding Section 1702.2228 to read as follows:
167	167	Sec. 1702.2228. CAMERA SYSTEMS INSTALLER. An individual
168	168	acts as a camera systems installer for purposes of this chapter if
169	169	the individual:
170	170	(1) installs, maintains, or repairs a closed circuit
171	171	television or still camera system; or
172	172	(2) advertises or offers the services under
173	173	Subdivision (1) to the public or represents to the public that the
174	174	person is a camera systems installer.
175	175	SECTION 9. Section 1702.224(a), Occupations Code, is
176	176	amended to read as follows:
177	177	(a) An individual acts as an alarm systems monitor for
178	178	purposes of this chapter if the individual monitors an alarm
179	179	system, camera system, or detection device.
180	180	SECTION 10. Section 1702.288, Occupations Code, is amended
181	181	by adding Subsection (f) to read as follows:
182	182	(f) A license holder acting as an alarm systems company does
183	183	not have to provide the notice required under Subsection (d) if the
184	184	contact information, including the address and the telephone
185	185	numbers for the alarm systems company, has not changed.
186	186	SECTION 11. Section 1702.322, Occupations Code, is amended
187	187	to read as follows:
188	188	Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter
189	189	does not apply to:
190	190	(1) a person who has full-time employment as a peace
191	191	officer and who receives compensation for private employment on an
192	192	individual or an independent contractor basis as a patrolman,
193	193	guard, extra job coordinator, or watchman if the officer:
194	194	(A) is employed in an employee-employer
195	195	relationship or employed on an individual contractual basis:
196	196	(i) directly by the recipient of the
197	197	services; or
198	198	(ii) by a company licensed under this
199	199	chapter;
200	200	(B) is not in the employ of another peace
201	201	officer;
202	202	(C) is not a reserve peace officer; and
203	203	(D) works as a peace officer on the average of at
204	204	least 32 hours a week, is compensated by the state or a political
205	205	subdivision of the state at least at the minimum wage, and is
206	206	entitled to all employee benefits offered to a peace officer by the
207	207	state or political subdivision;
208	208	(2) a reserve peace officer while the reserve officer
209	209	is performing guard, patrolman, or watchman duties for a county and
210	210	is being compensated solely by that county;
211	211	(3) a peace officer acting in an official capacity in
212	212	responding to a burglar alarm or detection device; or
213	213	(4) a person engaged in the business of electronic
214	214	monitoring of an individual as a condition of that individual's
215	215	community supervision, parole, mandatory supervision, or release
216	216	on bail, if the person does not perform any other service that
217	217	requires a license under this chapter.
218	218	SECTION 12. Section 1702.328, Occupations Code, is amended
219	219	to read as follows:
220	220	Sec. 1702.328. SECURITY SYSTEMS SALES AND INSTALLATION
221	221	EXEMPTIONS. This chapter does not apply to:
222	222	(1) a person who owns and installs an alarm system or
223	223	[a burglar] detection [or alarm] device, electronic access control
224	224	device, lock, or closed circuit television or still camera system
225	225	on the person's own property or[, if the person does not charge for
226	226	the device or the installation,] installs the system or device for
227	227	the protection of the person's personal property located on another
228	228	person's property and does not, as a normal business practice,
229	229	install the systems or devices on the property of another, and who
230	230	does not perform any other act that requires a license under this
231	231	chapter;
232	232	(2) a person in the business of building construction
233	233	that installs electrical wiring and devices that may include in
234	234	part the installation of an [a burglar] alarm system, [or]
235	235	detection device, electronic access control device, lock, or closed
236	236	circuit television or still camera system if:
237	237	(A) the person is a party to a contract that
238	238	provides that:
239	239	(i) the installation will be performed,
240	240	[under the direct supervision of, and] inspected, and certified
241	241	by[,] a person licensed to install and certify the alarm system,
242	242	[or] detection device, electronic access control device, lock, or
243	243	closed circuit television or still camera system; and
244	244	(ii) the license holder assumes full
245	245	responsibility for the installation of the system [alarm] or
246	246	[detection] device; and
247	247	(B) the person does not service or maintain alarm
248	248	systems, electronic access control devices, locks, closed circuit
249	249	television or still camera systems, or detection devices;
250	250	(3) a person who sells or installs automobile burglar
251	251	alarm devices and who does not perform any other act that requires a
252	252	license under this chapter; [or]
253	253	(4) a person who sells exclusively by e-commerce, over
254	254	the counter transactions, or mail order, alarm systems, electronic
255	255	access control devices, locks, or detection devices and who does
256	256	not perform any other act that requires a license under this
257	257	chapter; or
258	258	(5) a local governmental entity that installs or has a
259	259	licensed contractor install a closed circuit television or still
260	260	camera system for purposes of public safety.
261	261	SECTION 13. (a) The changes in law made by this Act to
262	262	Chapter 1702, Occupations Code, apply only to an application for an
263	263	original or renewal license, registration, or endorsement
264	264	submitted to the Texas Private Security Board on or after January 1,
265	265	2012. An application submitted before January 1, 2012, is governed
266	266	by the law in effect on the date the application was submitted, and
267	267	the former law is continued in effect for that purpose.
268	268	(b) Not later than February 1, 2013, the governor shall
269	269	appoint the members of the Texas Private Security Board necessary
270	270	to ensure the composition of the board complies with Section
271	271	1702.021, Occupations Code, as amended by this Act.
272	272	(c) The Texas Private Security Board shall adopt rules to
273	273	implement the changes in law made by this Act not later than January
274	274	1, 2012. A person is not required to obtain a registration or
275	275	endorsement under Section 1702.2228, Occupations Code, as added by
276	276	this Act, before January 1, 2012.
277	277	SECTION 14. This Act takes effect immediately if it
278	278	receives a vote of two-thirds of all the members elected to each
279	279	house, as provided by Section 39, Article III, Texas Constitution.
280	280	If this Act does not receive the vote necessary for immediate
281	281	effect, this Act takes effect September 1, 2011.