By: Simmons H.B. No. 2162
A BILL TO BE ENTITLED
AN ACT
rel
ating to municipal regulation of the use of alarm systems;
authorizing a municipal fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 214.191, Local Government Code, is
amended to read as follows:
Sec. 214.191. DEFINITIONS. In this subchapter:
(1) "Alarm system" has the meaning assigned by Section
1702.002, Occupations Code [means a device or system that transmits
a signal intended to summon police of a municipality in response to
a burglary. The term includes an alarm that emits an audible signal
on the exterior of a structure. The term does not include an alarm
installed on a vehicle, unless the vehicle is used for a habitation
at a permanent site, or an alarm designed to alert only the
inhabitants within the premises].
(2) "Alarm systems monitor" means a person who acts as
an alarm systems company under Section 1702.105, Occupations Code.
(3) "False alarm" means a notification of possible
criminal activity reported to law enforcement:
(A) that is based solely on electronic
information remotely received by an alarm systems monitor;
(B) that is uncorroborated by eyewitness, video,
or photographic evidence that an emergency exists; and
(C) concerning which an agency of the
municipality has verified that no emergency exists after an on-site
inspection of the location from which the notification originated.
(4) [(2)] "Permit" means a certificate, license,
permit, or other form of permission that authorizes a person to
engage in an action.
SECTION 2. Section 214.194(b), Local Government Code, is
amended to read as follows:
(b) A municipal permit fee imposed under this section for an
alarm system may not exceed the rate of:
(1) $50 a year for a residential location; and
(2) $250 a year for other alarm system locations.
SECTION 3. The heading to Section 214.195, Local Government
Code, is amended to read as follows:
Sec. 214.195. NONRENEWAL OR REVOCATION OF PERMIT; [AND]
TERMINATION OF MUNICIPAL RESPONSE; DISCRIMINATION PROHIBITED.
SECTION 4. Section 214.195, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) Except as provided in Subsections [Subsection] (d) and
(e), a municipality may not terminate its law enforcement response
to a residential permit holder because of excess false alarms if the
false alarm fees are paid in full.
(e) A municipality may refuse to respond to a location if
the location has had more than eight other false alarms during the
preceding 12-month period.
SECTION 5. Section 214.196, Local Government Code, is
amended to read as follows:
Sec. 214.196. ON-SITE INSPECTION REQUIRED. A municipality
may not consider a false alarm to have occurred unless a response is
made by an agency of the municipality within a reasonable time [30
minutes] of the alarm notification and the agency determines from
an inspection of the interior or exterior of the premises that the
alarm report by an alarm systems monitor was false.
SECTION 6. Section 214.197, Local Government Code, is
amended to read as follows:
Sec. 214.197. PENALTIES FOR FALSE ALARMS. (a) A
municipality may impose a penalty for the report [signaling] of a
false alarm by an alarm systems monitor [a burglar alarm system] if
at least three other false alarms have occurred during the
preceding 12-month period. The amount of the penalty for the report
[signaling] of a burglary false alarm as described by Section
214.196 may not exceed:
(1) $50, if the location has had more than three but
fewer than six other burglary false alarms in the preceding
12-month period;
(2) $75, if the location has had more than five but
fewer than eight other burglary false alarms in the preceding
12-month period; or
(3) $100, if the location has had eight or more other
burglary false alarms in the preceding 12-month period.
(b) A municipality may not impose a penalty authorized under
Subsection (a) if visual proof of possible criminal activity
recorded by an alarm systems monitor is provided to the
municipality before the inspection of the premises by an agency of
the municipality.
(c) A municipality:
(1) may impose a penalty for the report of a false
alarm by a person not licensed under Chapter 1702, Occupations
Code; and
(2) may not impose a penalty for the report of a false
alarm by a person licensed under Chapter 1702, Occupations Code.
(d) A municipality may not impose or collect any fine, fee,
or penalty related to a false alarm or alarm system unless the fine,
fee, or penalty is defined in the ordinance in accordance with this
subchapter.
SECTION 7. The heading to Section 214.198, Local Government
Code, is amended to read as follows:
Sec. 214.198. PROCEDURES FOR REDUCING FALSE ALARMS
[VERIFICATION].
SECTION 8. Section 214.200(b), Local Government Code, is
amended to read as follows:
(b) A municipality that does not respond to an alarm system
signal is not liable for damages that may occur relating to the
cause of the alarm system signal.
SECTION 9. Subchapter F, Chapter 214, Local Government
Code, is amended by adding Section 214.201 to read as follows:
Sec. 214.201. EXCEPTIONS FOR CERTAIN ALARM SYSTEMS. (a) A
property owner or an agent of the property owner authorized to make
decisions regarding the use of the property may, without permission
or exception of the municipality, elect to exclude the municipality
from receiving an alarm signal by an alarm system located on the
owner's property.
(b) If an election is made under Subsection (a), the
municipality:
(1) may not impose a fee to obtain a permit to use the
alarm system;
(2) may impose a fee, not to exceed $250, for each law
enforcement response to a signal from the alarm system requested by
an alarm systems monitor; and
(3) may not impose or collect any other fine, fee, or
penalty related to the alarm system.
SECTION 10. 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, 2015.