Texas 2017 - 85th Regular

Texas House Bill HB3115 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R27123 JCG-F
2	2	By: Simmons H.B. No. 3115
3	3	Substitute the following for H.B. No. 3115:
4	4	By: Burns C.S.H.B. No. 3115
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the administration and enforcement of the Private
10	10	Security Act.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1702.061, Occupations Code, is amended
13	13	by adding Subsection (c-1) to read as follows:
14	14	(c-1) The board may not adopt or enforce any rule or take any
15	15	action that distinguishes between persons or that favors one person
16	16	over another on the basis of the number of persons licensed,
17	17	registered, or commissioned under this chapter.
18	18	SECTION 2. The heading to Section 1702.239, Occupations
19	19	Code, is amended to read as follows:
20	20	Sec. 1702.239. TRAINING REQUIREMENTS FOR ALARM SYSTEMS
21	21	INSTALLER, ALARM SYSTEMS MONITOR, AND SECURITY SALESPERSON;
22	22	EXAMINATION.
23	23	SECTION 3. Sections 1702.239(a) and (d), Occupations Code,
24	24	are amended to read as follows:
25	25	(a) The board may require that an individual employed as an
26	26	alarm systems installer or security salesperson hold a
27	27	certification by a board-approved training program to renew an
28	28	endorsement. The board may approve [only] nationally recognized
29	29	training programs that consist of at least 16 hours of classroom
30	30	study in the areas of work allowed by the endorsement or any
31	31	professional training program reasonably related to a service
32	32	regulated under this section. To be approved, a training program
33	33	must offer at least two certification programs each year,
34	34	sufficient to complete the requirements of this subsection, within
35	35	100 miles of each county in the state that has a population of more
36	36	than one million [500,000].
37	37	(d) If the board requires certification or examination
38	38	under this section, the board may [shall] implement rules to
39	39	require that to renew an endorsement, an individual who is employed
40	40	as an alarm systems installer or a security salesperson and who has
41	41	already once renewed the endorsement, or an individual who is
42	42	employed as an alarm systems monitor, must obtain continuing
43	43	education credits related to the line of work for which the
44	44	individual is licensed. If the board requires the continuing
45	45	education, the chief administrator may [must] approve classes
46	46	offered by nationally recognized organizations or may approve any
47	47	professional training class reasonably related to a service
48	48	regulated under this section. Participants [, and participants] in
49	49	the classes must qualify according to board rules.
50	50	SECTION 4. Sections 1702.288(d) and (e), Occupations Code,
51	51	are amended to read as follows:
52	52	(d) The rules shall require that, not later than the seventh
53	53	day after the date of selling an alarm monitoring contract to
54	54	[entering into a contract for services regulated by the board with]
55	55	another alarm systems company [or alarm systems monitor], an alarm
56	56	systems company shall[:
57	57	[(1)] notify the recipient of [those] services under
58	58	the contract of the name, address, and telephone number of and
59	59	individual to contact at the company that purchased the contract[;
60	60	[(2) notify the recipient of services at the time the
61	61	contract is negotiated that another licensed company may provide
62	62	any of the services requested by subcontracting or outsourcing
63	63	those services; and
64	64	[(3) if any of the services are subcontracted or
65	65	outsourced to a licensed third party, notify the recipient of
66	66	services, by mail, of the name, address, phone number, and license
67	67	number of the company providing those services].
68	68	(e) The rules shall require that notice provided to a
69	69	recipient of services under Subsection (d) shall[:
70	70	[(1)] be mailed to the recipient in a written form that
71	71	emphasizes the required information[; and
72	72	[(2) include stickers or other materials to be affixed
73	73	to an alarm system indicating the alarm systems company's or alarm
74	74	systems monitor's new telephone number].
75	75	SECTION 5. Section 1702.289, Occupations Code, is amended
76	76	to read as follows:
77	77	Sec. 1702.289. INSPECTIONS. (a) An employee or agent of
78	78	the department or board, as applicable, who enters the place of
79	79	business of a person regulated under this chapter for the purpose of
80	80	conducting an inspection [or audit] must:
81	81	(1) notify the manager or owner of the business of the
82	82	presence of the person conducting the inspection [or audit]; [and]
83	83	(2) present the manager or owner of the business with
84	84	credentials that identify the person conducting the inspection [or
85	85	audit] as an employee or agent of the department or board; and
86	86	(3) explain the basis for the inspection, including
87	87	any applicable complaint.
88	88	(b) This section does not prohibit the department or board
89	89	from conducting an undercover investigation or covert observation
90	90	[audit in order] to determine compliance with this chapter or a rule
91	91	adopted under this chapter.
92	92	(c) In this section, "inspection" means an examination
93	93	conducted in response to a complaint or specific event suggestive
94	94	of a potential violation of this chapter or a rule adopted under
95	95	this chapter.
96	96	SECTION 6. Subchapter L, Chapter 1702, Occupations Code, is
97	97	amended by adding Section 1702.290 to read as follows:
98	98	Sec. 1702.290. AUDITS. (a) An employee or agent of the
99	99	department or board, as applicable, who enters the place of
100	100	business of a person regulated under this chapter for the purpose of
101	101	conducting an audit must:
102	102	(1) notify the manager or owner of the business of the
103	103	presence of the person conducting the audit; and
104	104	(2) present the manager or owner of the business with
105	105	credentials that identify the person conducting the audit as an
106	106	employee or agent of the department or board.
107	107	(b) This section does not prohibit the department or board
108	108	from conducting an undercover investigation or covert observation
109	109	to determine compliance with this chapter or a rule adopted under
110	110	this chapter.
111	111	(c) In this section, "audit" means a random or routine
112	112	review and evaluation of a license holder's records, equipment, and
113	113	facilities for the purpose of ensuring compliance with this chapter
114	114	or a rule adopted under this chapter.
115	115	SECTION 7. Section 1702.370, Occupations Code, is amended
116	116	to read as follows:
117	117	Sec. 1702.370. EFFECT OF SUSPENSION; MONITORING OF
118	118	EXISTING ALARM CONTRACTS. Subject to expiration of the license
119	119	under Section 1702.306, a license holder may continue to monitor
120	120	under an existing alarm contract [or contract to monitor under an
121	121	existing alarm contract] for 45 [30] days after the date of
122	122	suspension of the person's license.
123	123	SECTION 8. This Act takes effect September 1, 2017.