Texas 2015 - 84th Regular

Texas House Bill HB2161 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R26067 SRS-F
2	2	By: Simmons H.B. No. 2161
3	3	Substitute the following for H.B. No. 2161:
4	4	By: Phillips C.S.H.B. No. 2161
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; expanding the applicability of an occupational
11	11	license.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 1702.002, Occupations Code, is amended
14	14	by amending Subdivisions (1) and (6-a) and adding Subdivisions (4),
15	15	(4-a), and (4-b) to read as follows:
16	16	(1) "Alarm system" means:
17	17	(A) electronic equipment and devices designed to
18	18	detect or signal:
19	19	(i) an unauthorized entry or attempted
20	20	entry of a person or object into a residence, business, or area
21	21	monitored by the system; or
22	22	(ii) the occurrence of a robbery or other
23	23	emergency; or
24	24	(B) electronic equipment and devices using a
25	25	computer or data processor designed to control the access of a
26	26	person, vehicle, or object through a door, gate, or entrance into
27	27	the controlled area of a residence or business[; or
28	28	[(C) a television camera or still camera system
29	29	that:
30	30	[(i) records or archives images of property
31	31	or individuals in a public or private area of a residence or
32	32	business; or
33	33	[(ii) is monitored by security personnel or
34	34	services].
35	35	(4) "Camera systems company" means a person who
36	36	performs the activities described by Section 1702.1057.
37	37	(4-a) "Closed circuit television or still camera
38	38	system" means a device or system of devices that:
39	39	(A) records or transmits, including transmission
40	40	by an intranet or Internet device, an image or series of images for
41	41	the purposes of security or surveillance; or
42	42	(B) is monitored by security personnel or an
43	43	alarm systems monitor for the purposes of security or surveillance.
44	44	(4-b) "Closed circuit television or still camera
45	45	system" does not include:
46	46	(A) a device or system of devices that is used
47	47	exclusively:
48	48	(i) to view or monitor traffic conditions
49	49	on public roads;
50	50	(ii) to detect motor vehicle violations on
51	51	public roads;
52	52	(iii) for telephone or video conferencing;
53	53	(iv) to monitor a manufacturing process;
54	54	(v) for a medical purpose by medical
55	55	practitioners;
56	56	(vi) by a courtroom reporter for recording
57	57	or archiving depositions or testimony;
58	58	(vii) in the course of an ongoing
59	59	investigation, when installed by and remaining under the control of
60	60	a licensed investigations company;
61	61	(viii) by a law enforcement agency to
62	62	monitor criminal activity; or
63	63	(ix) for any purpose other than for the
64	64	purposes of security or surveillance; and
65	65	(B) a camera used for videoconferencing that is
66	66	integrated or attached to:
67	67	(i) a wireless communication device capable
68	68	of using a commercial mobile service as defined by 47 U.S.C. Section
69	69	332;
70	70	(ii) computer equipment, as defined by
71	71	Section 361.952, Health and Safety Code; or
72	72	(iii) a television, as defined by Section
73	73	361.952, Health and Safety Code.
74	74	(6-a) "Electronic access control device" means an
75	75	electronic, electrical, or computer-based device, including a
76	76	telephone entry system, that allows access to a controlled area [of
77	77	a business,] but that 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. The term does not include:
80	80	(A) a mechanical device, such as a deadbolt or
81	81	lock; or
82	82	(B) an operator for opening or closing a
83	83	commercial gate or door or an accessory, such as a fixed or portable
84	84	transmitter, card-reader, or keypad, if the operator or accessory
85	85	is used only to activate the gate or door and is not connected to an
86	86	alarm system.
87	87	SECTION 2. Section 1702.102(a), Occupations Code, is
88	88	amended to read as follows:
89	89	(a) Unless the person holds a license as a security services
90	90	contractor, a person may not:
91	91	(1) act as an alarm systems company, armored car
92	92	company, camera systems company, courier company, guard company,
93	93	guard dog company, locksmith company, or private security
94	94	consultant company;
95	95	(2) offer to perform the services of a company in
96	96	Subdivision (1); or
97	97	(3) engage in business activity for which a license is
98	98	required under this chapter.
99	99	SECTION 3. Subchapter F, Chapter 1702, Occupations Code, is
100	100	amended by adding Section 1702.1057 to read as follows:
101	101	Sec. 1702.1057. CAMERA SYSTEMS COMPANY. A person acts as a
102	102	camera systems company for purposes of this chapter if the person:
103	103	(1) installs, services at the place of installation,
104	104	or sells a closed circuit television or still camera system for a
105	105	fee; or
106	106	(2) offers to perform a service described by
107	107	Subdivision (1) for a fee.
108	108	SECTION 4. Section 1702.221(b), Occupations Code, is
109	109	amended to read as follows:
110	110	(b) An individual must obtain the appropriate endorsement
111	111	in accordance with the requirements of this chapter and related
112	112	administrative rules if the individual:
113	113	(1) is employed as:
114	114	(A) an alarm instructor;
115	115	(B) an alarm systems installer;
116	116	(C) an alarm systems monitor;
117	117	(D) an electronic access control device
118	118	installer;
119	119	(E) a level 3 classroom or firearm instructor;
120	120	(F) a locksmith;
121	121	(G) a dog trainer;
122	122	(H) a manager or branch office manager;
123	123	(I) a noncommissioned security officer;
124	124	(J) a level 4 personal protection instructor;
125	125	(K) a private investigator;
126	126	(L) a private security consultant;
127	127	(M) a security salesperson; [or]
128	128	(N) a camera systems installer; or
129	129	(O) an individual whose duties include
130	130	performing another activity for which an endorsement is required
131	131	under Subsection (e); or
132	132	(2) is an owner who oversees the security-related
133	133	aspects of the business, officer, partner, or shareholder of a
134	134	license holder.
135	135	SECTION 5. Subchapter J, Chapter 1702, Occupations Code, is
136	136	amended by adding Section 1702.2228 to read as follows:
137	137	Sec. 1702.2228. CAMERA SYSTEMS INSTALLER. (a) An
138	138	individual acts as a camera systems installer for purposes of this
139	139	chapter if the individual:
140	140	(1) installs, maintains, or repairs a closed circuit
141	141	television or still camera system for a fee;
142	142	(2) offers the services described by Subdivision (1)
143	143	to the public for a fee; or
144	144	(3) advertises the services under Subdivision (1) to
145	145	the public or represents to the public that the person is a camera
146	146	systems installer.
147	147	(b) An individual does not act as a camera systems installer
148	148	for purposes of this chapter if the individual is mounting or
149	149	positioning hardware for a closed circuit television or still
150	150	camera system or connecting that hardware to an electrical outlet
151	151	and the individual:
152	152	(1) accomplishes those activities without activation
153	153	of or access to the recording or transmitting functions of the
154	154	closed circuit television or still camera system;
155	155	(2) performs those activities at a premises where the
156	156	closed circuit television or still camera system is not connected
157	157	to a separate dedicated recording device;
158	158	(3) performs those activities for a fee;
159	159	(4) has been subjected to a local and national
160	160	background check within the year preceding the date of the
161	161	installation that demonstrated that the individual has not been
162	162	previously convicted of a sexual offense or any category of a
163	163	criminal offense greater than a Class B misdemeanor; and
164	164	(5) provides verification, either personally or
165	165	through the entity for whom the individual is acting as an agent,
166	166	that the background check under Subdivision (4) demonstrates that
167	167	the individual who performs the activities has not been previously
168	168	convicted of a sexual offense or any category of a criminal offense
169	169	greater than a Class B misdemeanor on request of the owner or tenant
170	170	of the residence or business location where the individual performs
171	171	the installation activities.
172	172	SECTION 6. Section 1702.223, Occupations Code, is amended
173	173	by adding Subsection (c) to read as follows:
174	174	(c) An alarm systems installer may sell, install, maintain,
175	175	repair, or service a closed circuit television or still camera
176	176	system.
177	177	SECTION 7. Section 1702.224(a), Occupations Code, is
178	178	amended to read as follows:
179	179	(a) An individual acts as an alarm systems monitor for
180	180	purposes of this chapter if the individual monitors an alarm
181	181	system, closed circuit television or still camera system, or
182	182	detection device.
183	183	SECTION 8. Section 1702.324(b), Occupations Code, is
184	184	amended to read as follows:
185	185	(b) This chapter does not apply to:
186	186	(1) a manufacturer or a manufacturer's authorized
187	187	distributor while selling equipment intended for resale;
188	188	(2) a person engaged exclusively in the business of
189	189	obtaining and providing information to:
190	190	(A) determine creditworthiness;
191	191	(B) collect debts; or
192	192	(C) ascertain the reliability of information
193	193	provided by an applicant for property, life, or disability
194	194	insurance or an indemnity or surety bond;
195	195	(3) a person engaged exclusively in the business of
196	196	repossessing property that is secured by a mortgage or other
197	197	security interest;
198	198	(4) a person who is engaged in the business of
199	199	psychological testing or other testing and interviewing services,
200	200	including services to determine attitudes, honesty, intelligence,
201	201	personality, and skills, for preemployment purposes;
202	202	(5) a person who:
203	203	(A) is engaged in obtaining information that is a
204	204	public record under Chapter 552, Government Code, regardless of
205	205	whether the person receives compensation;
206	206	(B) is not a full-time employee, as defined by
207	207	Section 61.001, Labor Code, of a person licensed under this
208	208	chapter; and
209	209	(C) does not perform any other act that requires
210	210	a license under this chapter;
211	211	(6) a licensed engineer practicing engineering or
212	212	directly supervising engineering practice under Chapter 1001,
213	213	including forensic analysis, burglar alarm system engineering, and
214	214	necessary data collection;
215	215	(7) an employee of a cattle association who inspects
216	216	livestock brands under the authority granted to the cattle
217	217	association by the Grain Inspection, Packers and Stockyards
218	218	Administration of the United States Department of Agriculture;
219	219	(8) a landman performing activities in the course and
220	220	scope of the landman's business;
221	221	(9) an attorney while engaged in the practice of law;
222	222	(10) a person who obtains a document for use in
223	223	litigation under an authorization or subpoena issued for a written
224	224	or oral deposition;
225	225	(11) an admitted insurer, insurance adjuster, agent,
226	226	or insurance broker licensed by the state, performing duties in
227	227	connection with insurance transacted by that person;
228	228	(12) a person who on the person's own property or on
229	229	property owned or managed by the person's employer:
230	230	(A) installs, changes, or repairs a:
231	231	(i) mechanical security device; or
232	232	(ii) closed circuit television or still
233	233	camera system;
234	234	(B) repairs an electronic security device; or
235	235	(C) cuts or makes a key for a security device;
236	236	(13) security personnel, including security contract
237	237	personnel, working at a commercial nuclear power plant licensed by
238	238	the United States Nuclear Regulatory Commission;
239	239	(14) a person or firm licensed as an accountant or
240	240	accounting firm under Chapter 901, an owner of an accounting firm,
241	241	or an employee of an accountant or accounting firm while performing
242	242	services regulated under Chapter 901;
243	243	(15) a retailer, wholesaler, or other person who sells
244	244	mechanical security devices, including locks and deadbolts, but who
245	245	does not:
246	246	(A) service mechanical security devices for the
247	247	public outside of the person's premises; or
248	248	(B) claim to act as a locksmith;
249	249	(16) an employee while performing investigative
250	250	services that would otherwise be subject to this chapter for a
251	251	federally insured financial institution or an entity regulated by
252	252	the:
253	253	(A) Texas Department of Insurance;
254	254	(B) [Office of Thrift Supervision;
255	255	[(C)] Securities and Exchange Commission;
256	256	[(D) Federal Deposit Insurance Corporation;] or
257	257	(C) [(E)] Financial Industry Regulatory
258	258	Authority;
259	259	(17) a social worker who holds a license issued under
260	260	Chapter 505 who is engaged in the practice of social work;
261	261	(18) persons licensed under Chapter 1101, an
262	262	association thereof, their authorized agents, or a multiple listing
263	263	service, engaged in the business of selling, maintaining,
264	264	repairing, programming, or placing lockboxes used for accessing
265	265	real property; [or]
266	266	(19) an automobile club that holds a certificate of
267	267	authority under Chapter 722, Transportation Code, its
268	268	subcontractor, or a business that provides similar services, that
269	269	unlocks a vehicle at the request of the owner or operator of the
270	270	vehicle and that does not otherwise perform a locksmith service; or
271	271	(20) a retailer, wholesaler, or other person who sells
272	272	closed circuit television or still camera systems and does not:
273	273	(A) install or service closed circuit television
274	274	or still camera systems for the public outside the person's
275	275	premises; or
276	276	(B) claim to act as a camera systems company.
277	277	SECTION 9. Section 1702.328, Occupations Code, is amended
278	278	to read as follows:
279	279	Sec. 1702.328. SECURITY SYSTEMS SALES AND INSTALLATION
280	280	EXEMPTIONS. This chapter does not apply to:
281	281	(1) a person who owns and installs a burglar detection
282	282	or alarm device or a closed circuit television or still camera
283	283	system on the person's own property or[, if the person does not
284	284	charge for the device or the installation,] installs the system or
285	285	device for the protection of the person's personal property located
286	286	on another person's property and does not, as a normal business
287	287	practice, install the systems or devices on the property of
288	288	another, and who does not perform any other act that requires a
289	289	license under this chapter;
290	290	(2) a person in the business of building construction
291	291	that installs electrical wiring and devices that may include in
292	292	part the installation of a burglar alarm or detection device or a
293	293	closed circuit television or still camera system if:
294	294	(A) the person is a party to a contract that
295	295	provides that:
296	296	(i) the installation will be performed,
297	297	[under the direct supervision of, and] inspected, and certified
298	298	by[,] a person licensed to install and certify the alarm or
299	299	detection device or closed circuit television or still camera
300	300	system; and
301	301	(ii) the license holder assumes full
302	302	responsibility for the installation of the system [alarm] or
303	303	[detection] device; and
304	304	(B) the person does not service or maintain alarm
305	305	systems, electronic access control devices, locks, closed circuit
306	306	television or still camera systems, or detection devices;
307	307	(3) a person who sells or installs automobile burglar
308	308	alarm devices and who does not perform any other act that requires a
309	309	license under this chapter; [or]
310	310	(4) a person who sells exclusively by e-commerce, over
311	311	the counter transactions, or mail order, alarm systems, electronic
312	312	access control devices, locks, closed circuit television or still
313	313	camera systems, or detection devices; or
314	314	(5) a local governmental entity that installs or has a
315	315	licensed contractor install a closed circuit television or still
316	316	camera system for purposes of public safety.
317	317	SECTION 10. (a) The changes in law made by this Act to
318	318	Chapter 1702, Occupations Code, apply only to an application for an
319	319	original or renewal license, registration, or endorsement
320	320	submitted to the Texas Private Security Board on or after January 1,
321	321	2016. An application submitted before January 1, 2016, is governed
322	322	by the law in effect on the date the application was submitted, and
323	323	the former law is continued in effect for that purpose.
324	324	(b) The Texas Private Security Board shall adopt rules to
325	325	implement the changes in law made by this Act not later than January
326	326	1, 2016. A person is not required to obtain a registration or
327	327	endorsement under Section 1702.2228, Occupations Code, as added by
328	328	this Act, before January 1, 2016.
329	329	SECTION 11. This Act takes effect immediately if it
330	330	receives a vote of two-thirds of all the members elected to each
331	331	house, as provided by Section 39, Article III, Texas Constitution.
332	332	If this Act does not receive the vote necessary for immediate
333	333	effect, this Act takes effect September 1, 2015.