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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 214.191,
Local Government Code, is amended to read as follows:
Sec. 214.191. DEFINITIONS. In
this subchapter:
(1) "Alarm system"
has the meaning assigned by Section 1702.002, Occupations Code [means
a device or system that transmits a signal intended to summon police of a
municipality in response to a burglary. The term includes an alarm that
emits an audible signal on the exterior of a structure. The term does not
include an alarm installed on a vehicle, unless the vehicle is used for a
habitation at a permanent site, or an alarm designed to alert only the
inhabitants within the premises].
(2) "Alarm systems
monitor" means a person who acts as an alarm systems company under
Section 1702.105, Occupations Code.
(3) "Camera systems company" means a person who:
(A) sells, installs, or services a closed circuit television,
camera system, surveillance system, or still camera system; or
(B) offers to perform a service described by Paragraph (A).
(4) "Closed circuit television," "camera
system," "surveillance system," 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 purpose of security
or surveillance;
(B) is monitored by security personnel or an alarm systems monitor
for the purpose of security or surveillance;
(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;
and
(D) does not include a camera used for videoconferencing that is
integrated with 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.
(5) "False
alarm" means a notification of possible criminal activity reported to
law enforcement that is:
(A) based solely on
electronic information remotely received by an alarm systems monitor;
(B) uncorroborated by an
eyewitness, video evidence, or photographic evidence that an emergency
exists; and
(C) verified by an agency
of the municipality that no emergency exists after an on-site inspection of
the location from which the notification originated.
(6) [(2)]
"Permit" means a certificate, license, permit, or other form of
permission that authorizes a person to engage in an action.
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SECTION 1. Section 214.191,
Local Government Code, is amended to read as follows:
Sec. 214.191. DEFINITIONS. In
this subchapter:
(1) "Alarm system"
has the meaning assigned by Section 1702.002, Occupations Code [means
a device or system that transmits a signal intended to summon police of a
municipality in response to a burglary. The term includes an alarm that emits
an audible signal on the exterior of a structure. The term does not
include an alarm installed on a vehicle, unless the vehicle is used for a
habitation at a permanent site, or an alarm designed to alert only the
inhabitants within the premises].
(2) "Alarm systems
monitor" means a person who acts as an alarm systems company under
Section 1702.105, Occupations Code.
(3) "False
alarm" means a notification of possible criminal activity reported to
law enforcement:
(A) that is based solely
on electronic information remotely received by an alarm systems monitor;
(B) that is
uncorroborated by eyewitness, video, or photographic evidence that an
emergency exists; and
(C) concerning which an
agency of the municipality has verified that no emergency exists after an
on-site inspection of the location from which the notification originated.
(4) [(2)]
"Permit" means a certificate, license, permit, or other form of
permission that authorizes a person to engage in an action.
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SECTION 2. Section 214.193,
Local Government Code, is amended to read as follows:
Sec. 214.193. DURATION OF
MUNICIPAL PERMIT. (a) If a municipality adopts an ordinance that requires
a person to obtain a permit from the municipality before a person may use
an alarm system or act as a camera systems company in the
municipality, the ordinance must provide that the permit is valid for at
least one year.
(b) This requirement does
not affect the authority of the municipality to:
(1) revoke, suspend, or
otherwise affect the duration of a permit for disciplinary reasons at any
time during the period for which the permit is issued; [or]
(2) make a permit valid for
a period of less than one year if necessary to conform the permit to the
termination schedule established by the municipality for permits; or
(3) make a permit valid
for a period of less than one year if necessary to conform the permit to a
municipal ordinance that references a camera systems company.
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No
equivalent provision.
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SECTION 3. Section 214.194,
Local Government Code, is amended by adding Subsection (a-1) and amending
Subsection (b) to read as follows:
(a-1) 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 act as a camera systems company in the municipality, the fee
shall be used for the:
(1) processing, maintenance, and issuance of the permit;
(2) maintenance and oversight of the permitting system; and
(3) regulation and enforcement actions that relate to camera
system permits.
(b) A municipal permit fee
imposed under this section for an alarm system may not exceed the
rate of:
(1) $50 a year for a
residential location; and
(2) $100 a year for other alarm system
locations.
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SECTION 2. Section
214.194(b), Local Government Code, is amended to read as follows:
(b) A municipal permit fee
imposed under this section for an alarm system may not exceed the
rate of:
(1) $50 a year for a
residential location; and
(2) $250 a year for other alarm system
locations.
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SECTION 4. Subchapter F,
Chapter 214, Local Government Code, is amended by adding Section 214.1945
to read as follows:
Sec. 214.1945. MUNICIPAL
CAMERA SYSTEMS PERMIT. (a) If a municipality adopts an ordinance that requires
a person to obtain a permit from the municipality before the person may act
as a camera systems company in the municipality, the ordinance must require
an applicant for a permit, at a minimum, to:
(1) identify the business
or contractor;
(2) describe the scope of
the work to be performed; and
(3) provide, for each
employee and contractor who will have access to the camera system or camera
system records, photo identification that is issued by the state.
(b) A municipality may
not adopt or enforce an ordinance that:
(1) requires a person to
pay an annual fee to obtain a permit from the municipality to use a camera
system; or
(2) violates Section
1702.134, Occupations Code.
(c) A municipality may
not require a person licensed under Chapter 1702, Occupations Code, to
obtain a permit described by Subsection (a).
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No
equivalent provision.
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SECTION 5. The heading to
Section 214.195, Local Government Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 6. Section 214.195,
Local Government Code, is amended.
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SECTION 4. Substantially the
same as introduced version.
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SECTION 7. Section 214.196,
Local Government Code, is amended.
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SECTION 5. Same as introduced
version.
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SECTION 8. Section 214.197,
Local Government Code, is amended to read as follows:
Sec. 214.197. PENALTIES FOR
FALSE ALARMS. (a) A municipality may impose a penalty for the report
[signaling] of a false alarm by an alarm systems monitor [a
burglar alarm system] if at least three other false alarms have
occurred during the preceding 12-month period. The amount of the penalty
for the report [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 municipality may
not impose a penalty authorized under Subsection (a) if visual proof of
possible criminal activity recorded by an alarm systems monitor or camera system is provided to the
municipality before the inspection of the premises by an agency of the municipality.
(c) A municipality may
impose a penalty for the report of a false alarm by a person not licensed
under Chapter 1702, Occupations Code.
(d) A municipality may
not impose or collect any fine, fee, or penalty related to a false alarm,
alarm system, or camera system
unless the fine, fee, or penalty is defined in the ordinance in accordance
with this subchapter.
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SECTION 6. Section 214.197,
Local Government Code, is amended to read as follows:
Sec. 214.197. PENALTIES FOR
FALSE ALARMS. (a) A municipality may impose a penalty for the report
[signaling] of a false alarm by an alarm systems monitor [a
burglar alarm system] if at least three other false alarms have
occurred during the preceding 12-month period. The amount of the penalty
for the report [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 municipality may
not impose a penalty authorized under Subsection (a) if visual proof of
possible criminal activity recorded by an alarm systems monitor is provided
to the municipality before the inspection of the premises by an agency of
the municipality.
(c) A municipality:
(1) may impose a penalty
for the report of a false alarm by a person not licensed under Chapter
1702, Occupations Code; and
(2) may not impose a penalty for the report of a false alarm by a
person licensed under Chapter 1702, Occupations Code.
(d) A municipality may
not impose or collect any fine, fee, or penalty related to a false alarm or
alarm system unless the fine, fee, or penalty is defined in the ordinance
in accordance with this subchapter.
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No
equivalent provision.
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SECTION 7. The heading to
Section 214.198, Local Government Code, is amended to read as follows:
Sec. 214.198. PROCEDURES
FOR REDUCING FALSE ALARMS [VERIFICATION].
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SECTION 9. Section
214.200(b), Local Government Code, is amended to read as follows:
(b) A municipality that does
not respond to an alarm system or camera
system signal is not liable for damages that may occur relating
to the cause of the alarm system or
camera system signal.
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SECTION 8. Section
214.200(b), Local Government Code, is amended to read as follows:
(b) A municipality that does
not respond to an alarm system signal is not liable for damages that
may occur relating to the cause of the alarm system signal.
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SECTION 10. Subchapter F,
Chapter 214, Local Government Code, is amended by adding Section 214.201 to
read as follows:
Sec. 214.201. EXCEPTIONS
FOR CERTAIN ALARM SYSTEMS. (a) A property owner or an agent of the
property owner authorized to make decisions regarding the use of the
property may, without permission or exception of the municipality, elect to
exclude the municipality from receiving an alarm signal by an alarm system
located on the owner's property.
(b) If an election is
made under Subsection (a), the municipality:
(1) may not impose a fee
to obtain a permit to use the alarm system;
(2) may impose a fee, not
to exceed $100, for each law enforcement
response to a signal from the alarm system requested by an alarm systems
monitor; and
(3) may not impose or
collect any other fine, fee, or penalty related to the alarm system.
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SECTION 9. Subchapter F,
Chapter 214, Local Government Code, is amended by adding Section 214.201 to
read as follows:
Sec. 214.201. EXCEPTIONS
FOR CERTAIN ALARM SYSTEMS. (a) A property owner or an agent of the
property owner authorized to make decisions regarding the use of the
property may, without permission or exception of the municipality, elect to
exclude the municipality from receiving an alarm signal by an alarm system
located on the owner's property.
(b) If an election is
made under Subsection (a), the municipality:
(1) may not impose a fee
to obtain a permit to use the alarm system;
(2) may impose a fee, not
to exceed $250, for each law
enforcement response to a signal from the alarm system requested by an
alarm systems monitor; and
(3) may not impose or
collect any other fine, fee, or penalty related to the alarm system.
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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.
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SECTION 10. Same as
introduced version.
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