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H.B. No. 2243
AN ACT
relating to the regulation of locksmiths and locksmith companies
under the Private Security Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.1056, Occupations Code, is amended
to read as follows:
Sec. 1702.1056. LOCKSMITH COMPANY. (a) A person acts as a
locksmith company for the purposes of this chapter if the person:
(1) sells, installs, services, or maintains
mechanical security devices, including deadbolts and locks; [,
and:]
(2) [(1)] advertises services offered by the company
using the term "locksmith"; or
(3) [(2)] includes the term "locksmith" in the
company's name.
(b) This section does not apply to a hotel, as that term is
defined by Section 156.001, Tax Code.
SECTION 2. Section 1702.2227, Occupations Code, is amended
to read as follows:
Sec. 1702.2227. LOCKSMITH. (a) An individual acts as a
locksmith for the purposes of this chapter if the person:
(1) sells, installs, services, or maintains
mechanical security devices, including deadbolts and locks; or
(2) [, and] advertises or offers services to the
public or represents to the public that the person is a locksmith.
(b) This section does not apply to a hotel, as that term is
defined by Section 156.001, Tax Code.
SECTION 3. Subchapter L, Chapter 1702, Occupations Code, is
amended by adding Section 1702.286 to read as follows:
Sec. 1702.286. CUSTOMER AUTHORIZATION REQUIRED FOR CERTAIN
LOCKSMITH SERVICES. (a) A locksmith company or locksmith may not
perform services for a customer who seeks entry to a structure,
motor vehicle, or other property unless the customer, in the course
of the transaction:
(1) shows the locksmith company or locksmith a
government-issued identification; and
(2) provides a signed authorization stating that the
customer owns or is otherwise entitled to legal access to the
structure, motor vehicle, or other property.
(b) A locksmith company or locksmith is exempt from
Subsection (a) if the locksmith is requested to perform services in
a case of imminent threat to a person or property.
SECTION 4. Section 1702.324(b), Occupations Code, as
amended by Chapters 936, 1237, and 1276, Acts of the 78th
Legislature, Regular Session, 2003, is reenacted and amended to
read as follows:
(b) This chapter does not apply to:
(1) a manufacturer or a manufacturer's authorized
distributor who sells equipment to a license holder or registrant
that is used in the operations for which the person is required to
be licensed or registered;
(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:
(A) 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; and
(B) does not perform any other service that
requires a license under this chapter;
(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 mechanical
security device;
(B) repairs an electronic security device; or
(C) cuts or makes a key for a security device;
[or]
(13) security personnel, including security contract
personnel, working at a commercial nuclear power plant licensed by
the United States Nuclear Regulatory Commission; or
(14) 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.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 79th Legislature, Regular Session, 2005,
relating to nonsubstantive additions and corrections in enacted
codes.
SECTION 6. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2243 was passed by the House on April
29, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2243 on May 26, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2243 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor