H.B. No. 1531

relating to telematics services excepted from private security regulation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter N, Chapter 1702, Occupations Code, is amended by adding Section 1702.331 to read as follows: Sec. 1702.331. TELEMATICS SERVICE PROVIDERS. (a) In this section, "telematics service" means: (1) a service that: (A) is provided to owners, operators, and occupants of consumer vehicles or commercial fleet vehicles through the remote access of in-vehicle data that may rely on global positioning system satellite data to fix the exact location of the vehicle, including: (i) location-specific emergency and roadside vehicle breakdown assistance; (ii) automatic collision notification; (iii) real-time traffic and navigation information; (iv) remote vehicle diagnostics; and (v) stolen vehicle recovery; (B) is enabled through the two-way communication of voice or data, often with an interactive voice response technology interface, between a service subscriber's vehicle and a telematics company's response center; and (C) is provided to: (i) enhance vehicle service, safety, and convenience while driving for vehicle owners; (ii) enable automakers and automobile dealerships to achieve greater service and customer management efficiencies and to increase customer retention; and (iii) enable fleet operators to remotely manage their vehicles and other mobile assets; and (2) a related service provided to consumers, automakers, automobile dealerships, and commercial fleet operators by a telematics company as part of the emerging technology industry that delivers telematics services on a national basis to service subscribers. (b) Except as otherwise provided by this section, this chapter does not apply to a person who provides a telematics service in this state. (c) To qualify for the exemption provided by Subsection (b), a telematics service provider shall: (1) establish business practices and procedures that are at least as stringent as the guidelines established by the Association of Public Safety Communications Officials International regarding the communication of information from telematics service providers to public safety agencies; and (2) pay an annual fee of $2,500 to the department. (d) The department may adopt rules necessary to carry out the purposes of this section, including rules to determine whether a telematics service provider is complying with Subsection (c). SECTION 2. (a) Not later than January 1, 2006, the Department of Public Safety of the State of Texas shall adopt the rules necessary to implement Section 1702.331, Occupations Code, as added by this Act. (b) A telematics service provider is not required to comply with Section 1702.331, Occupations Code, before January 1, 2006. SECTION 3. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1531 was passed by the House on April 22, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 1531 was passed by the Senate on May 12, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor