83R1467 SLB-F
	By: Fletcher	H.B. No. 75

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of certain private security companies
	and occupations.
	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 (13-a) 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;
	(B)  is monitored by security personnel or an
	alarm systems monitor for the purposes of security or surveillance;
	and
	(C)  is not 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; or
	(viii)  by a law enforcement agency to
	monitor criminal activity.
	(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.
	(13-a)  "Lock" means a fastening device that:
	(A)  is used to secure, regulate, activate, or
	control a door, gate, drawer, cabinet, safe, or automobile by means
	of a mechanical or electric device, including a latch, bolt, key,
	transmitter, card-reader, keypad, or proximity key fob; and
	(B)  is not monitored by security personnel or
	services and does not send a signal to which law enforcement or
	emergency services respond.
	SECTION 2.  Section 1702.021(a), Occupations Code, is
	amended to read as follows:
	(a)  The Texas Private Security Board consists of nine
	[seven] members appointed by the governor with the advice and
	consent of the senate as follows:
	(1)  five [four] public members, each of whom is a
	citizen of the United States;
	(2)  one member who is licensed under this chapter as a
	private investigator;
	(3)  one member who is licensed under this chapter as an
	alarm systems company; [and]
	(4)  one member who is licensed under this chapter as
	the owner or operator of a guard company; and
	(5)  one member who is licensed under this chapter as a
	locksmith.
	SECTION 3.  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 4.  Section 1702.1056(a), Occupations Code, is
	amended to read as follows:
	(a)  A person acts as a locksmith company for the purposes of
	this chapter if the person:
	(1)  for a fee and with legal authorization, sells,
	installs, services, [or] maintains, bypasses, or defeats
	electronic access control devices or [offers to sell, install,
	service, or maintain,] mechanical security devices, including
	deadbolts and locks;
	(2)  advertises services traditionally offered by a
	[the] company using the term "locksmith"; or
	(3)  includes the term "locksmith" in the company's
	name.
	SECTION 5.  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)  sells, installs, services, or monitors a closed
	circuit television or still camera system; or
	(2)  offers to perform a service described by
	Subdivision (1).
	SECTION 6.  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 7.  Section 1702.2227(a), Occupations Code, is
	amended to read as follows:
	(a)  An individual acts as a locksmith for the purposes of
	this chapter if the person:
	(1)  for a fee and with legal authorization, sells,
	installs, services, [or] maintains, bypasses, or defeats
	electronic access control devices or mechanical security devices,
	including deadbolts and locks; or
	(2)  advertises or offers locksmith services to the
	public or represents to the public that the person is a locksmith.
	SECTION 8.  Subchapter J, Chapter 1702, Occupations Code, is
	amended by adding Section 1702.2228 to read as follows:
	Sec. 1702.2228.  CAMERA SYSTEMS INSTALLER.  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; or
	(2)  advertises or offers the services under
	Subdivision (1) to the public or represents to the public that the
	person is a camera systems installer.
	SECTION 9.  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 10.  Section 1702.288, Occupations Code, is amended
	by adding Subsection (f) to read as follows:
	(f)  A license holder acting as an alarm systems company does
	not have to provide the notice required under Subsection (d) if the
	contact information, including the address and the telephone
	numbers for the alarm systems company, has not changed.
	SECTION 11.  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 an alarm system, [a
	burglar] detection [or alarm] device, electronic access control
	device, lock, or 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 an [a burglar] alarm system, [or]
	detection device, electronic access control device, lock, or 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 system,
	[or] detection device, electronic access control device, lock, 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, or detection devices and who does
	not perform any other act that requires a license under this
	chapter; 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 12.  (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,
	2014.  An application submitted before January 1, 2014, 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)  Not later than February 1, 2015, the governor shall
	appoint the members of the Texas Private Security Board necessary
	to ensure the composition of the board complies with Section
	1702.021, Occupations Code, as amended by this Act.
	(c)  The Texas Private Security Board shall adopt rules to
	implement the changes in law made by this Act not later than January
	1, 2014. 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, 2014.
	SECTION 13.  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, 2013.