Bill Text: TX HB2161 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to the regulation of certain private security companies and occupations; expanding the applicability of an occupational license.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-05-12 - Placed on General State Calendar [HB2161 Detail]

Download: Texas-2015-HB2161-Comm_Sub.html

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84R26067 SRS-F
By: Simmons H.B. No. 2161
Substitute the following for H.B. No. 2161:
By: Phillips C.S.H.B. No. 2161

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain private security companies
and occupations; expanding the applicability of an occupational
license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.002, Occupations Code, is amended
by amending Subdivisions (1) and (6-a) and adding Subdivisions (4),
(4-a), and (4-b) to read as follows:
(1) "Alarm system" means:
(A) electronic equipment and devices designed to
detect or signal:
(i) an unauthorized entry or attempted
entry of a person or object into a residence, business, or area
monitored by the system; or
(ii) the occurrence of a robbery or other
emergency; or
(B) electronic equipment and devices using a
computer or data processor designed to control the access of a
person, vehicle, or object through a door, gate, or entrance into
the controlled area of a residence or business[; or
[(C) a television camera or still camera system
that:
[(i) records or archives images of property
or individuals in a public or private area of a residence or
business; or
[(ii) is monitored by security personnel or
services].
(4) "Camera systems company" means a person who
performs the activities described by Section 1702.1057.
(4-a) "Closed circuit television or still camera
system" means a device or system of devices that:
(A) records or transmits, including transmission
by an intranet or Internet device, an image or series of images for
the purposes of security or surveillance; or
(B) is monitored by security personnel or an
alarm systems monitor for the purposes of security or surveillance.
(4-b) "Closed circuit television or still camera
system" does not include:
(A) a device or system of devices that is used
exclusively:
(i) to view or monitor traffic conditions
on public roads;
(ii) to detect motor vehicle violations on
public roads;
(iii) for telephone or video conferencing;
(iv) to monitor a manufacturing process;
(v) for a medical purpose by medical
practitioners;
(vi) by a courtroom reporter for recording
or archiving depositions or testimony;
(vii) in the course of an ongoing
investigation, when installed by and remaining under the control of
a licensed investigations company;
(viii) by a law enforcement agency to
monitor criminal activity; or
(ix) for any purpose other than for the
purposes of security or surveillance; and
(B) a camera used for videoconferencing that is
integrated or attached to:
(i) a wireless communication device capable
of using a commercial mobile service as defined by 47 U.S.C. Section
332;
(ii) computer equipment, as defined by
Section 361.952, Health and Safety Code; or
(iii) a television, as defined by Section
361.952, Health and Safety Code.
(6-a) "Electronic access control device" means an
electronic, electrical, or computer-based device, including a
telephone entry system, that allows access to a controlled area [of
a business,] but that is not monitored by security personnel or
services and does not send a signal to which law enforcement or
emergency services respond. The term does not include:
(A) a mechanical device, such as a deadbolt or
lock; or
(B) an operator for opening or closing a
commercial gate or door or an accessory, such as a fixed or portable
transmitter, card-reader, or keypad, if the operator or accessory
is used only to activate the gate or door and is not connected to an
alarm system.
SECTION 2. Section 1702.102(a), Occupations Code, is
amended to read as follows:
(a) Unless the person holds a license as a security services
contractor, a person may not:
(1) act as an alarm systems company, armored car
company, camera systems company, courier company, guard company,
guard dog company, locksmith company, or private security
consultant company;
(2) offer to perform the services of a company in
Subdivision (1); or
(3) engage in business activity for which a license is
required under this chapter.
SECTION 3. Subchapter F, Chapter 1702, Occupations Code, is
amended by adding Section 1702.1057 to read as follows:
Sec. 1702.1057. CAMERA SYSTEMS COMPANY. A person acts as a
camera systems company for purposes of this chapter if the person:
(1) installs, services at the place of installation,
or sells a closed circuit television or still camera system for a
fee; or
(2) offers to perform a service described by
Subdivision (1) for a fee.
SECTION 4. Section 1702.221(b), Occupations Code, is
amended to read as follows:
(b) An individual must obtain the appropriate endorsement
in accordance with the requirements of this chapter and related
administrative rules if the individual:
(1) is employed as:
(A) an alarm instructor;
(B) an alarm systems installer;
(C) an alarm systems monitor;
(D) an electronic access control device
installer;
(E) a level 3 classroom or firearm instructor;
(F) a locksmith;
(G) a dog trainer;
(H) a manager or branch office manager;
(I) a noncommissioned security officer;
(J) a level 4 personal protection instructor;
(K) a private investigator;
(L) a private security consultant;
(M) a security salesperson; [or]
(N) a camera systems installer; or
(O) an individual whose duties include
performing another activity for which an endorsement is required
under Subsection (e); or
(2) is an owner who oversees the security-related
aspects of the business, officer, partner, or shareholder of a
license holder.
SECTION 5. Subchapter J, Chapter 1702, Occupations Code, is
amended by adding Section 1702.2228 to read as follows:
Sec. 1702.2228. CAMERA SYSTEMS INSTALLER. (a) An
individual acts as a camera systems installer for purposes of this
chapter if the individual:
(1) installs, maintains, or repairs a closed circuit
television or still camera system for a fee;
(2) offers the services described by Subdivision (1)
to the public for a fee; or
(3) advertises the services under Subdivision (1) to
the public or represents to the public that the person is a camera
systems installer.
(b) An individual does not act as a camera systems installer
for purposes of this chapter if the individual is mounting or
positioning hardware for a closed circuit television or still
camera system or connecting that hardware to an electrical outlet
and the individual:
(1) accomplishes those activities without activation
of or access to the recording or transmitting functions of the
closed circuit television or still camera system;
(2) performs those activities at a premises where the
closed circuit television or still camera system is not connected
to a separate dedicated recording device;
(3) performs those activities for a fee;
(4) has been subjected to a local and national
background check within the year preceding the date of the
installation that demonstrated that the individual has not been
previously convicted of a sexual offense or any category of a
criminal offense greater than a Class B misdemeanor; and
(5) provides verification, either personally or
through the entity for whom the individual is acting as an agent,
that the background check under Subdivision (4) demonstrates that
the individual who performs the activities has not been previously
convicted of a sexual offense or any category of a criminal offense
greater than a Class B misdemeanor on request of the owner or tenant
of the residence or business location where the individual performs
the installation activities.
SECTION 6. Section 1702.223, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) An alarm systems installer may sell, install, maintain,
repair, or service a closed circuit television or still camera
system.
SECTION 7. Section 1702.224(a), Occupations Code, is
amended to read as follows:
(a) An individual acts as an alarm systems monitor for
purposes of this chapter if the individual monitors an alarm
system, closed circuit television or still camera system, or
detection device.
SECTION 8. Section 1702.324(b), Occupations Code, is
amended to read as follows:
(b) This chapter does not apply to:
(1) a manufacturer or a manufacturer's authorized
distributor while selling equipment intended for resale;
(2) a person engaged exclusively in the business of
obtaining and providing information to:
(A) determine creditworthiness;
(B) collect debts; or
(C) ascertain the reliability of information
provided by an applicant for property, life, or disability
insurance or an indemnity or surety bond;
(3) a person engaged exclusively in the business of
repossessing property that is secured by a mortgage or other
security interest;
(4) a person who is engaged in the business of
psychological testing or other testing and interviewing services,
including services to determine attitudes, honesty, intelligence,
personality, and skills, for preemployment purposes;
(5) a person who:
(A) is engaged in obtaining information that is a
public record under Chapter 552, Government Code, regardless of
whether the person receives compensation;
(B) is not a full-time employee, as defined by
Section 61.001, Labor Code, of a person licensed under this
chapter; and
(C) does not perform any other act that requires
a license under this chapter;
(6) a licensed engineer practicing engineering or
directly supervising engineering practice under Chapter 1001,
including forensic analysis, burglar alarm system engineering, and
necessary data collection;
(7) an employee of a cattle association who inspects
livestock brands under the authority granted to the cattle
association by the Grain Inspection, Packers and Stockyards
Administration of the United States Department of Agriculture;
(8) a landman performing activities in the course and
scope of the landman's business;
(9) an attorney while engaged in the practice of law;
(10) a person who obtains a document for use in
litigation under an authorization or subpoena issued for a written
or oral deposition;
(11) an admitted insurer, insurance adjuster, agent,
or insurance broker licensed by the state, performing duties in
connection with insurance transacted by that person;
(12) a person who on the person's own property or on
property owned or managed by the person's employer:
(A) installs, changes, or repairs a:
(i) mechanical security device; or
(ii) closed circuit television or still
camera system;
(B) repairs an electronic security device; or
(C) cuts or makes a key for a security device;
(13) security personnel, including security contract
personnel, working at a commercial nuclear power plant licensed by
the United States Nuclear Regulatory Commission;
(14) a person or firm licensed as an accountant or
accounting firm under Chapter 901, an owner of an accounting firm,
or an employee of an accountant or accounting firm while performing
services regulated under Chapter 901;
(15) a retailer, wholesaler, or other person who sells
mechanical security devices, including locks and deadbolts, but who
does not:
(A) service mechanical security devices for the
public outside of the person's premises; or
(B) claim to act as a locksmith;
(16) an employee while performing investigative
services that would otherwise be subject to this chapter for a
federally insured financial institution or an entity regulated by
the:
(A) Texas Department of Insurance;
(B) [Office of Thrift Supervision;
[(C)] Securities and Exchange Commission;
[(D) Federal Deposit Insurance Corporation;] or
(C) [(E)] Financial Industry Regulatory
Authority;
(17) a social worker who holds a license issued under
Chapter 505 who is engaged in the practice of social work;
(18) persons licensed under Chapter 1101, an
association thereof, their authorized agents, or a multiple listing
service, engaged in the business of selling, maintaining,
repairing, programming, or placing lockboxes used for accessing
real property; [or]
(19) an automobile club that holds a certificate of
authority under Chapter 722, Transportation Code, its
subcontractor, or a business that provides similar services, that
unlocks a vehicle at the request of the owner or operator of the
vehicle and that does not otherwise perform a locksmith service; or
(20) a retailer, wholesaler, or other person who sells
closed circuit television or still camera systems and does not:
(A) install or service closed circuit television
or still camera systems for the public outside the person's
premises; or
(B) claim to act as a camera systems company.
SECTION 9. Section 1702.328, Occupations Code, is amended
to read as follows:
Sec. 1702.328. SECURITY SYSTEMS SALES AND INSTALLATION
EXEMPTIONS. This chapter does not apply to:
(1) a person who owns and installs a burglar detection
or alarm device or a closed circuit television or still camera
system on the person's own property or[, if the person does not
charge for the device or the installation,] installs the system or
device for the protection of the person's personal property located
on another person's property and does not, as a normal business
practice, install the systems or devices on the property of
another, and who does not perform any other act that requires a
license under this chapter;
(2) a person in the business of building construction
that installs electrical wiring and devices that may include in
part the installation of a burglar alarm or detection device or a
closed circuit television or still camera system if:
(A) the person is a party to a contract that
provides that:
(i) the installation will be performed,
[under the direct supervision of, and] inspected, and certified
by[,] a person licensed to install and certify the alarm or
detection device or closed circuit television or still camera
system; and
(ii) the license holder assumes full
responsibility for the installation of the system [alarm] or
[detection] device; and
(B) the person does not service or maintain alarm
systems, electronic access control devices, locks, closed circuit
television or still camera systems, or detection devices;
(3) a person who sells or installs automobile burglar
alarm devices and who does not perform any other act that requires a
license under this chapter; [or]
(4) a person who sells exclusively by e-commerce, over
the counter transactions, or mail order, alarm systems, electronic
access control devices, locks, closed circuit television or still
camera systems, or detection devices; or
(5) a local governmental entity that installs or has a
licensed contractor install a closed circuit television or still
camera system for purposes of public safety.
SECTION 10. (a) The changes in law made by this Act to
Chapter 1702, Occupations Code, apply only to an application for an
original or renewal license, registration, or endorsement
submitted to the Texas Private Security Board on or after January 1,
2016. An application submitted before January 1, 2016, is governed
by the law in effect on the date the application was submitted, and
the former law is continued in effect for that purpose.
(b) The Texas Private Security Board shall adopt rules to
implement the changes in law made by this Act not later than January
1, 2016. A person is not required to obtain a registration or
endorsement under Section 1702.2228, Occupations Code, as added by
this Act, before January 1, 2016.
SECTION 11. 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.