Texas 2013 - 83rd Regular

Texas House Bill HB75 Compare Versions

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1	1	83R16780 SLB-F
2	2	By: Fletcher, et al. H.B. No. 75
3	3	Substitute the following for H.B. No. 75:
4	4	By: Sheets C.S.H.B. No. 75
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 (4-b) 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 for
40	40	the purpose of security or surveillance; or
41	41	(B) is monitored by security personnel or an
42	42	alarm systems monitor for the purposes of security or surveillance.
43	43	(4-b) For purposes of Subdivision (4-a), the term
44	44	"closed circuit television or still camera system" does not include
45	45	a device or system of devices that is used exclusively:
46	46	(A) to view or monitor traffic conditions on
47	47	public roads;
48	48	(B) to detect motor vehicle violations on public
49	49	roads;
50	50	(C) for telephone or video conferencing;
51	51	(D) to monitor a manufacturing process;
52	52	(E) for a medical purpose by medical
53	53	practitioners;
54	54	(F) by a courtroom reporter for recording or
55	55	archiving depositions or testimony;
56	56	(G) in the course of an ongoing investigation,
57	57	when installed by and remaining under the control of a licensed
58	58	investigations company; or
59	59	(H) by a law enforcement agency to monitor
60	60	criminal activity.
61	61	(6-a) "Electronic access control device" means an
62	62	electronic, electrical, or computer-based device, including a
63	63	telephone entry system, that allows access to a controlled area [of
64	64	a business,] but that is not monitored by security personnel or
65	65	services and does not send a signal to which law enforcement or
66	66	emergency services respond. The term does not include:
67	67	(A) a mechanical device, such as a deadbolt or
68	68	lock; or
69	69	(B) an operator for opening or closing a
70	70	commercial gate or door or an accessory, such as a fixed or portable
71	71	transmitter, card-reader, or keypad, if the operator or accessory
72	72	is used only to activate the gate or door and is not connected to an
73	73	alarm system.
74	74	SECTION 2. Section 1702.102(a), Occupations Code, is
75	75	amended to read as follows:
76	76	(a) Unless the person holds a license as a security services
77	77	contractor, a person may not:
78	78	(1) act as an alarm systems company, armored car
79	79	company, camera systems company, courier company, guard company,
80	80	guard dog company, locksmith company, or private security
81	81	consultant company;
82	82	(2) offer to perform the services of a company in
83	83	Subdivision (1); or
84	84	(3) engage in business activity for which a license is
85	85	required under this chapter.
86	86	SECTION 3. Section 1702.105, Occupations Code, is amended
87	87	to read as follows:
88	88	Sec. 1702.105. ALARM SYSTEMS COMPANY. (a) A person acts as
89	89	an alarm systems company for the purposes of this chapter if the
90	90	person sells, installs, services, monitors, or responds to an alarm
91	91	system or detection device.
92	92	(b) An alarm systems company may sell, install, maintain, or
93	93	service, or offer to sell, install, maintain, or service, an
94	94	electronic access control device or a lock that is capable of
95	95	activation through a wireless signal.
96	96	SECTION 4. Subchapter F, Chapter 1702, Occupations Code, is
97	97	amended by adding Section 1702.1057 to read as follows:
98	98	Sec. 1702.1057. CAMERA SYSTEMS COMPANY. A person acts as a
99	99	camera systems company for purposes of this chapter if the person:
100	100	(1) sells, installs, or services a closed circuit
101	101	television or still camera system; or
102	102	(2) offers to perform a service described by
103	103	Subdivision (1).
104	104	SECTION 5. Section 1702.221(b), Occupations Code, is
105	105	amended to read as follows:
106	106	(b) An individual must obtain the appropriate endorsement
107	107	in accordance with the requirements of this chapter and related
108	108	administrative rules if the individual:
109	109	(1) is employed as:
110	110	(A) an alarm instructor;
111	111	(B) an alarm systems installer;
112	112	(C) an alarm systems monitor;
113	113	(D) an electronic access control device
114	114	installer;
115	115	(E) a level 3 classroom or firearm instructor;
116	116	(F) a locksmith;
117	117	(G) a dog trainer;
118	118	(H) a manager or branch office manager;
119	119	(I) a noncommissioned security officer;
120	120	(J) a level 4 personal protection instructor;
121	121	(K) a private investigator;
122	122	(L) a private security consultant;
123	123	(M) a security salesperson; [or]
124	124	(N) a camera systems installer; or
125	125	(O) an individual whose duties include
126	126	performing another activity for which an endorsement is required
127	127	under Subsection (e); or
128	128	(2) is an owner who oversees the security-related
129	129	aspects of the business, officer, partner, or shareholder of a
130	130	license holder.
131	131	SECTION 6. Subchapter J, Chapter 1702, Occupations Code, is
132	132	amended by adding Section 1702.2228 to read as follows:
133	133	Sec. 1702.2228. CAMERA SYSTEMS INSTALLER. An individual
134	134	acts as a camera systems installer for purposes of this chapter if
135	135	the individual:
136	136	(1) installs, maintains, or repairs a closed circuit
137	137	television or still camera system; or
138	138	(2) advertises or offers the services under
139	139	Subdivision (1) to the public or represents to the public that the
140	140	person is a camera systems installer.
141	141	SECTION 7. Section 1702.223(b), Occupations Code, is
142	142	amended to read as follows:
143	143	(b) An alarm systems installer may sell, install, maintain,
144	144	[or] repair, or service an electronic access control device or a
145	145	lock that is capable of activation through a wireless signal.
146	146	SECTION 8. Section 1702.224(a), Occupations Code, is
147	147	amended to read as follows:
148	148	(a) An individual acts as an alarm systems monitor for
149	149	purposes of this chapter if the individual monitors an alarm
150	150	system, closed circuit television or still camera system, or
151	151	detection device.
152	152	SECTION 9. Section 1702.288, Occupations Code, is amended
153	153	by adding Subsection (f) to read as follows:
154	154	(f) A license holder acting as an alarm systems company does
155	155	not have to provide the notice required under Subsection (d) if the
156	156	contact information, including the address and the telephone
157	157	numbers for the alarm systems company, has not changed.
158	158	SECTION 10. Section 1702.324(b), Occupations Code, is
159	159	amended to read as follows:
160	160	(b) This chapter does not apply to:
161	161	(1) a manufacturer or a manufacturer's authorized
162	162	distributor while selling equipment intended for resale;
163	163	(2) a person engaged exclusively in the business of
164	164	obtaining and providing information to:
165	165	(A) determine creditworthiness;
166	166	(B) collect debts; or
167	167	(C) ascertain the reliability of information
168	168	provided by an applicant for property, life, or disability
169	169	insurance or an indemnity or surety bond;
170	170	(3) a person engaged exclusively in the business of
171	171	repossessing property that is secured by a mortgage or other
172	172	security interest;
173	173	(4) a person who is engaged in the business of
174	174	psychological testing or other testing and interviewing services,
175	175	including services to determine attitudes, honesty, intelligence,
176	176	personality, and skills, for preemployment purposes;
177	177	(5) a person who:
178	178	(A) is engaged in obtaining information that is a
179	179	public record under Chapter 552, Government Code, regardless of
180	180	whether the person receives compensation;
181	181	(B) is not a full-time employee, as defined by
182	182	Section 61.001, Labor Code, of a person licensed under this
183	183	chapter; and
184	184	(C) does not perform any other act that requires
185	185	a license under this chapter;
186	186	(6) a licensed engineer practicing engineering or
187	187	directly supervising engineering practice under Chapter 1001,
188	188	including forensic analysis, burglar alarm system engineering, and
189	189	necessary data collection;
190	190	(7) an employee of a cattle association who inspects
191	191	livestock brands under the authority granted to the cattle
192	192	association by the Grain Inspection, Packers and Stockyards
193	193	Administration of the United States Department of Agriculture;
194	194	(8) a landman performing activities in the course and
195	195	scope of the landman's business;
196	196	(9) an attorney while engaged in the practice of law;
197	197	(10) a person who obtains a document for use in
198	198	litigation under an authorization or subpoena issued for a written
199	199	or oral deposition;
200	200	(11) an admitted insurer, insurance adjuster, agent,
201	201	or insurance broker licensed by the state, performing duties in
202	202	connection with insurance transacted by that person;
203	203	(12) a person who on the person's own property or on
204	204	property owned or managed by the person's employer:
205	205	(A) installs, changes, or repairs a:
206	206	(i) mechanical security device; or
207	207	(ii) closed circuit television or still
208	208	camera system;
209	209	(B) repairs an electronic security device; or
210	210	(C) cuts or makes a key for a security device;
211	211	(13) security personnel, including security contract
212	212	personnel, working at a commercial nuclear power plant licensed by
213	213	the United States Nuclear Regulatory Commission;
214	214	(14) a person or firm licensed as an accountant or
215	215	accounting firm under Chapter 901, an owner of an accounting firm,
216	216	or an employee of an accountant or accounting firm while performing
217	217	services regulated under Chapter 901;
218	218	(15) a retailer, wholesaler, or other person who sells
219	219	mechanical security devices, including locks and deadbolts, but who
220	220	does not:
221	221	(A) service mechanical security devices for the
222	222	public outside of the person's premises; or
223	223	(B) claim to act as a locksmith;
224	224	(16) an employee while performing investigative
225	225	services that would otherwise be subject to this chapter for an
226	226	entity regulated by the:
227	227	(A) Texas Department of Insurance;
228	228	(B) Office of Thrift Supervision;
229	229	(C) Securities and Exchange Commission;
230	230	(D) Federal Deposit Insurance Corporation; or
231	231	(E) Financial Industry Regulatory Authority;
232	232	[or]
233	233	(17) a social worker who holds a license issued under
234	234	Chapter 505 who is engaged in the practice of social work; or
235	235	(18) a retailer, wholesaler, or other person who sells
236	236	closed circuit television or still camera systems who does not:
237	237	(A) install or service closed circuit television
238	238	or still camera systems for the public outside of the person's
239	239	premises; or
240	240	(B) claim to act as a camera systems company.
241	241	SECTION 11. Section 1702.328, Occupations Code, is amended
242	242	to read as follows:
243	243	Sec. 1702.328. SECURITY SYSTEMS SALES AND INSTALLATION
244	244	EXEMPTIONS. This chapter does not apply to:
245	245	(1) a person who owns and installs a burglar detection
246	246	or alarm device or closed circuit television or still camera system
247	247	on the person's own property or[, if the person does not charge for
248	248	the device or the installation,] installs the system or device for
249	249	the protection of the person's personal property located on another
250	250	person's property and does not, as a normal business practice,
251	251	install the systems or devices on the property of another, and who
252	252	does not perform any other act that requires a license under this
253	253	chapter;
254	254	(2) a person in the business of building construction
255	255	that installs electrical wiring and devices that may include in
256	256	part the installation of a burglar alarm or detection device or
257	257	closed circuit television or still camera system if:
258	258	(A) the person is a party to a contract that
259	259	provides that:
260	260	(i) the installation will be performed,
261	261	[under the direct supervision of, and] inspected, and certified
262	262	by[,] a person licensed to install and certify the alarm or
263	263	detection device or closed circuit television or still camera
264	264	system; and
265	265	(ii) the license holder assumes full
266	266	responsibility for the installation of the system [alarm] or
267	267	[detection] device; and
268	268	(B) the person does not service or maintain alarm
269	269	systems, electronic access control devices, locks, closed circuit
270	270	television or still camera systems, or detection devices;
271	271	(3) a person who sells or installs automobile burglar
272	272	alarm devices and who does not perform any other act that requires a
273	273	license under this chapter; [or]
274	274	(4) a person who sells exclusively by e-commerce, over
275	275	the counter transactions, or mail order, alarm systems, electronic
276	276	access control devices, locks, closed circuit television or still
277	277	camera systems, or detection devices and who does not perform any
278	278	other act that requires a license under this chapter; or
279	279	(5) a local governmental entity that installs or has a
280	280	licensed contractor install a closed circuit television or still
281	281	camera system for purposes of public safety.
282	282	SECTION 12. (a) The changes in law made by this Act to
283	283	Chapter 1702, Occupations Code, apply only to an application for an
284	284	original or renewal license, registration, or endorsement
285	285	submitted to the Texas Private Security Board on or after January 1,
286	286	2014. An application submitted before January 1, 2014, is governed
287	287	by the law in effect immediately before the effective date of this
288	288	Act, and the former law is continued in effect for that purpose.
289	289	(b) The Texas Private Security Board shall adopt rules to
290	290	implement the changes in law made by this Act not later than January
291	291	1, 2014. A person is not required to obtain a registration or
292	292	endorsement under Section 1702.2228, Occupations Code, as added by
293	293	this Act, before January 1, 2014.
294	294	SECTION 13. This Act takes effect immediately if it
295	295	receives a vote of two-thirds of all the members elected to each
296	296	house, as provided by Section 39, Article III, Texas Constitution.
297	297	If this Act does not receive the vote necessary for immediate
298	298	effect, this Act takes effect September 1, 2013.