By: Armbrister S.B. No. 1907
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of alarm systems and alarm systems
companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 214.194, Local Government Code, is
amended to read as follows:
Sec. 214.194. FEE FOR MUNICIPAL PERMIT. If a municipality
adopts an ordinance that requires a person to pay an annual fee to
obtain a permit from the municipality before the person may use an
alarm system in the municipality, the fee may not exceed the rate
of:
(1) $50 a year for a residential location; or
(2) $100 a year for a commercial location.
SECTION 2. Section 214.195, Local Government Code, is
amended by amending Subsections (a) and (d) and adding Subsections
(e) and (f) to read as follows:
(a) Except as provided in Subsection (e) [(d) of this
section], a municipality may not terminate its law enforcement
response to a residential or commercial location [permit holder
because of excess false alarms if the false alarm fees are paid in
full].
(d) A municipality may revoke a permit or [set standards for
systems to be permitted and may] refuse to permit particular
systems that have had eight or more false alarms during the
preceding 12-month period [which in its discretion have a history
of unreliability].
(e) A municipality that requires an alarm system permit may
terminate its law enforcement response to a residential or
commercial location if a permit has not been obtained for that
property or if the permit is revoked or refused under Subsection
(d).
(f) A municipality that does not respond to the signaling of
an alarm as described under Subsection (e) is not liable for damages
that may occur relating to the cause of the alarm system signal.
SECTION 3. Subchapter F, Chapter 214, Local Government
Code, is amended by adding Section 214.1955 to read as follows:
Sec. 214.1955. MULTI-UNIT HOUSING FACILITIES. (a) A
municipality may not refuse to issue an alarm system permit for a
residential location solely because the residential location is an
individual residential unit located in a multi-unit housing
facility.
(b) In issuing an alarm system permit for an alarm installed
in an individual residential unit of a multi-unit housing facility,
the municipality shall issue the permit to the person occupying the
individual residential unit.
(c) A municipality may impose a penalty under Section
214.197 for the signaling of a false alarm on the premises of a
multi-unit housing facility for a facility other than an individual
residential unit only if the permit holder is notified of:
(1) the date of the signaling of the false alarm;
(2) the address of the multi-unit housing facility
where the signaling of the false alarm occurred; and
(3) the identification of the individual facility, if
applicable, located on the multi-unit housing facility premises
where the signaling of the false alarm occurred.
SECTION 4. Section 214.197, Local Government Code, is
amended to read as follows:
Sec. 214.197. PENALTIES FOR FALSE ALARMS [PENALTY
LIMITATIONS]. [(a)] A municipality may [not] impose a penalty [or
fee] for the signaling of a false alarm by a burglar alarm system if
[unless] at least three [five] other false alarms have occurred
during the preceding 12-month period. The amount of the penalty for
the signaling of a 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 false alarms in the preceding 12-month period;
(2) $75, if the location has had more than five but
fewer than eight other false alarms in the preceding 12-month
period; or
(3) $100, if the location has had eight or more other
false alarms in the preceding 12-month period.
[(b) A penalty or fee imposed for a false alarm must be
established by ordinance based on the type and level of emergency
response provided. This fee may not exceed $50 in the case of the
category of burglar alarms. The penalty or fee for a false alarm
may not exceed the actual expenses incurred for the response.]
SECTION 5. Subchapter F, Chapter 214, Local Government
Code, is amended by adding Section 214.198 to read as follows:
Sec. 214.198. VERIFICATION. A municipality may require an
alarm systems monitor to attempt contact with the occupant of the
alarm system location twice before the municipality responds to the
alarm system signal.
SECTION 6. Subchapter L, Chapter 1702, Occupations Code, is
amended by adding Section 1702.286 to read as follows:
Sec. 1702.286. DUTIES OF ALARM SYSTEMS COMPANY. (a) On
the installation or activation of an alarm system, an alarm systems
company shall distribute to the occupant of the alarm system
location information summarizing:
(1) the applicable law relating to false alarms,
including the potential for penalties and revocation or suspension
of a permit;
(2) how to prevent false alarms; and
(3) how to operate the alarm system.
(b) An alarm systems company shall notify the municipality
in which the alarm system is located of an installation or
activation of an alarm system not later than the 30th day after the
date of the installation or activation. The alarm systems company
shall provide to the municipality:
(1) the alarm systems company name;
(2) the alarm systems company license number;
(3) the name of the occupant of the alarm system
location;
(4) the address of the alarm system location; and
(5) the date of installation or activation.
(c) Information provided to a governmental body under this
section is confidential and subject to disclosure only as provided
under Section 1702.284.
SECTION 7. Section 1702.286, Occupations Code, as added by
this Act, applies only to an alarm system installed or activated on
or after January 1, 2004.
SECTION 8. This Act takes effect September 1, 2003.