85R27123 JCG-F
By: Simmons H.B. No. 3115
Substitute the following for H.B. No. 3115:
By: Burns C.S.H.B. No. 3115
A BILL TO BE ENTITLED
AN ACT
relating to the administration and enforcement of the Private
Security Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.061, Occupations Code, is amended
by adding Subsection (c-1) to read as follows:
(c-1) The board may not adopt or enforce any rule or take any
action that distinguishes between persons or that favors one person
over another on the basis of the number of persons licensed,
registered, or commissioned under this chapter.
SECTION 2. The heading to Section 1702.239, Occupations
Code, is amended to read as follows:
Sec. 1702.239. TRAINING REQUIREMENTS FOR ALARM SYSTEMS
INSTALLER, ALARM SYSTEMS MONITOR, AND SECURITY SALESPERSON;
EXAMINATION.
SECTION 3. Sections 1702.239(a) and (d), Occupations Code,
are amended to read as follows:
(a) The board may require that an individual employed as an
alarm systems installer or security salesperson hold a
certification by a board-approved training program to renew an
endorsement. The board may approve [only] nationally recognized
training programs that consist of at least 16 hours of classroom
study in the areas of work allowed by the endorsement or any
professional training program reasonably related to a service
regulated under this section. To be approved, a training program
must offer at least two certification programs each year,
sufficient to complete the requirements of this subsection, within
100 miles of each county in the state that has a population of more
than one million [500,000].
(d) If the board requires certification or examination
under this section, the board may [shall] implement rules to
require that to renew an endorsement, an individual who is employed
as an alarm systems installer or a security salesperson and who has
already once renewed the endorsement, or an individual who is
employed as an alarm systems monitor, must obtain continuing
education credits related to the line of work for which the
individual is licensed. If the board requires the continuing
education, the chief administrator may [must] approve classes
offered by nationally recognized organizations or may approve any
professional training class reasonably related to a service
regulated under this section. Participants [, and participants] in
the classes must qualify according to board rules.
SECTION 4. Sections 1702.288(d) and (e), Occupations Code,
are amended to read as follows:
(d) The rules shall require that, not later than the seventh
day after the date of selling an alarm monitoring contract to
[entering into a contract for services regulated by the board with]
another alarm systems company [or alarm systems monitor], an alarm
systems company shall[:
[(1)] notify the recipient of [those] services under
the contract of the name, address, and telephone number of and
individual to contact at the company that purchased the contract[;
[(2) notify the recipient of services at the time the
contract is negotiated that another licensed company may provide
any of the services requested by subcontracting or outsourcing
those services; and
[(3) if any of the services are subcontracted or
outsourced to a licensed third party, notify the recipient of
services, by mail, of the name, address, phone number, and license
number of the company providing those services].
(e) The rules shall require that notice provided to a
recipient of services under Subsection (d) shall[:
[(1)] be mailed to the recipient in a written form that
emphasizes the required information[; and
[(2) include stickers or other materials to be affixed
to an alarm system indicating the alarm systems company's or alarm
systems monitor's new telephone number].
SECTION 5. Section 1702.289, Occupations Code, is amended
to read as follows:
Sec. 1702.289. INSPECTIONS. (a) An employee or agent of
the department or board, as applicable, who enters the place of
business of a person regulated under this chapter for the purpose of
conducting an inspection [or audit] must:
(1) notify the manager or owner of the business of the
presence of the person conducting the inspection [or audit]; [and]
(2) present the manager or owner of the business with
credentials that identify the person conducting the inspection [or
audit] as an employee or agent of the department or board; and
(3) explain the basis for the inspection, including
any applicable complaint.
(b) This section does not prohibit the department or board
from conducting an undercover investigation or covert observation
[audit in order] to determine compliance with this chapter or a rule
adopted under this chapter.
(c) In this section, "inspection" means an examination
conducted in response to a complaint or specific event suggestive
of a potential violation of this chapter or a rule adopted under
this chapter.
SECTION 6. Subchapter L, Chapter 1702, Occupations Code, is
amended by adding Section 1702.290 to read as follows:
Sec. 1702.290. AUDITS. (a) An employee or agent of the
department or board, as applicable, who enters the place of
business of a person regulated under this chapter for the purpose of
conducting an audit must:
(1) notify the manager or owner of the business of the
presence of the person conducting the audit; and
(2) present the manager or owner of the business with
credentials that identify the person conducting the audit as an
employee or agent of the department or board.
(b) This section does not prohibit the department or board
from conducting an undercover investigation or covert observation
to determine compliance with this chapter or a rule adopted under
this chapter.
(c) In this section, "audit" means a random or routine
review and evaluation of a license holder's records, equipment, and
facilities for the purpose of ensuring compliance with this chapter
or a rule adopted under this chapter.
SECTION 7. Section 1702.370, Occupations Code, is amended
to read as follows:
Sec. 1702.370. EFFECT OF SUSPENSION; MONITORING OF
EXISTING ALARM CONTRACTS. Subject to expiration of the license
under Section 1702.306, a license holder may continue to monitor
under an existing alarm contract [or contract to monitor under an
existing alarm contract] for 45 [30] days after the date of
suspension of the person's license.
SECTION 8. This Act takes effect September 1, 2017.