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AN ACT
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relating to municipal regulation of the use of alarm systems; |
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authorizing a municipal fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter F, Chapter 214, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER F. BURGLAR ALARM SYSTEMS IN CERTAIN MUNICIPALITIES |
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WHOLLY LOCATED IN CERTAIN COUNTIES |
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SECTION 2. Subchapter F, Chapter 214, Local Government |
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Code, is amended by adding Section 214.1915 to read as follows: |
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Sec. 214.1915. APPLICABILITY. This subchapter applies only |
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to a municipality with a population of less than 100,000 that is |
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located wholly in a county with a population of less than 500,000. |
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SECTION 3. Chapter 214, Local Government Code, is amended |
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by adding Subchapter F-1 to read as follows: |
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SUBCHAPTER F-1. BURGLAR ALARM SYSTEMS IN LARGE MUNICIPALITIES AND |
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MUNICIPALITIES WHOLLY OR PARTLY LOCATED IN LARGE COUNTIES |
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Sec. 214.201. DEFINITIONS. In this subchapter: |
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(1) "Alarm system" and "permit" have the meanings |
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assigned by Section 214.191. |
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(2) "Alarm systems monitor" means a person who acts as |
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an alarm systems company under Section 1702.105, Occupations Code. |
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(3) "False alarm" means a notification of possible |
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criminal activity reported to law enforcement: |
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(A) that is based solely on electronic |
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information remotely received by an alarm systems monitor; |
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(B) that is uncorroborated by eyewitness, video, |
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or photographic evidence that an emergency exists; and |
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(C) concerning which an agency of the |
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municipality has verified that no emergency exists after an on-site |
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inspection of the location from which the notification originated. |
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Sec. 214.2015. APPLICABILITY. This subchapter does not |
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apply to a municipality to which Subchapter F applies. |
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Sec. 214.202. CATEGORIES OF ALARM SYSTEMS. The category of |
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alarm system to be regulated is burglary. |
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Sec. 214.203. DURATION OF MUNICIPAL PERMIT. (a) If a |
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municipality adopts an ordinance that requires a person to obtain a |
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permit from the municipality before a person may use an alarm system |
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in the municipality, the ordinance must provide that the permit is |
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valid for at least one year. |
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(b) This requirement does not affect the authority of the |
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municipality to: |
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(1) revoke, suspend, or otherwise affect the duration |
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of a permit for disciplinary reasons at any time during the period |
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for which the permit is issued; or |
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(2) make a permit valid for a period of less than one |
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year if necessary to conform the permit to the termination schedule |
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established by the municipality for permits. |
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Sec. 214.204. MUNICIPAL PERMIT FEE GENERALLY. (a) If a |
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municipality adopts an ordinance that requires a person to pay an |
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annual fee to obtain a permit from the municipality before the |
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person may use an alarm system in the municipality, the fee shall be |
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used for the general administration of this subchapter, including |
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the provision of responses generally required to implement this |
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subchapter other than specific responses to false alarms. |
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(b) A municipal permit fee imposed under this section for an |
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alarm system may not exceed the rate of: |
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(1) $50 a year for a residential location; and |
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(2) $250 a year for other alarm system locations. |
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Sec. 214.205. NONRENEWAL OR REVOCATION OF PERMIT; |
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TERMINATION OF MUNICIPAL RESPONSE; DISCRIMINATION PROHIBITED. (a) |
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Except as provided by Subsection (d), a municipality may not |
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terminate its law enforcement response to a residential permit |
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holder because of excess false alarms if the false alarm fees are |
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paid in full. |
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(b) In permitting free false alarm responses and in setting |
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false alarm fees, a municipality must administer any ordinance on a |
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fair and equitable basis as determined by the governing body. |
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(c) A municipality may not terminate an alarm permit for |
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nonrenewal without providing at least 30 days' notice. |
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(d) A municipality may revoke or refuse to renew the permit |
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of an alarm system that has had eight or more false alarms during |
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the preceding 12-month period. |
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Sec. 214.2055. MULTIUNIT HOUSING FACILITIES. (a) A |
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municipality may not refuse to issue an alarm system permit for a |
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residential location solely because the residential location is an |
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individual residential unit located in a multiunit housing |
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facility. |
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(b) In issuing an alarm system permit for an alarm installed |
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in an individual residential unit of a multiunit housing facility, |
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the municipality shall issue the permit to the person occupying the |
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individual residential unit. |
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(c) A municipality may impose a penalty under Section |
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214.207 for the signaling of a false alarm on the premises of a |
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multiunit housing facility for a facility other than an individual |
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residential unit only if the permit holder is notified of: |
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(1) the date of the signaling of the false alarm; |
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(2) the address of the multiunit housing facility |
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where the signaling of the false alarm occurred; and |
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(3) the identification of the individual facility, if |
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applicable, located on the multiunit housing facility premises |
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where the signaling of the false alarm occurred. |
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Sec. 214.206. ON-SITE INSPECTION REQUIRED. A municipality |
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may not consider a false alarm to have occurred unless a response is |
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made by an agency of the municipality within a reasonable time and |
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the agency determines from an inspection of the interior or |
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exterior of the premises that the alarm report by an alarm systems |
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monitor was false. |
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Sec. 214.207. PENALTIES FOR FALSE ALARMS. (a) A |
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municipality may impose a penalty on a person who uses an alarm |
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system in the municipality for the report of a false alarm by an |
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alarm systems monitor if at least three other false alarms have |
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occurred at that location during the preceding 12-month period. |
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The amount of the penalty for the report of a false alarm as |
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described by Section 214.206 may not exceed: |
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(1) $50, if the location has had more than three but |
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fewer than six other false alarms in the preceding 12-month period; |
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(2) $75, if the location has had more than five but |
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fewer than eight other false alarms in the preceding 12-month |
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period; or |
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(3) $100, if the location has had eight or more other |
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false alarms in the preceding 12-month period. |
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(b) A municipality may not impose a penalty authorized under |
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Subsection (a) if reasonable visual proof of possible criminal |
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activity recorded by an alarm systems monitor is provided to the |
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municipality before the inspection of the premises by an agency of |
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the municipality. |
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(c) A municipality that adopts an ordinance requiring a |
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person to obtain a permit from the municipality before the person |
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may use an alarm system in the municipality may impose a penalty, |
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not to exceed $250, for the report of a false alarm by an alarm |
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systems monitor on a person who has not obtained a permit for the |
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alarm system as required by the municipal ordinance. |
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(d) A municipality: |
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(1) may impose a penalty, not to exceed $250, for the |
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report of a false alarm on a person not licensed under Chapter 1702, |
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Occupations Code, that to any extent is reported or facilitated by |
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the unlicensed person; and |
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(2) may not impose a penalty for the report of a false |
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alarm on a person licensed under Chapter 1702, Occupations Code. |
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(e) A municipality may not impose or collect any fine, fee, |
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or penalty, other than collection fees, related to a false alarm or |
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alarm system unless the fine, fee, or penalty is defined in the |
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ordinance in accordance with this subchapter. |
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Sec. 214.208. PROCEDURES FOR REDUCING FALSE ALARMS. A |
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municipality may require an alarm systems monitor to attempt to |
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contact the occupant of the alarm system location twice before the |
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municipality responds to the alarm signal. |
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Sec. 214.209. EXCEPTION OF MUNICIPALITY FROM ALARM SYSTEM |
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RESPONSE. (a) The governing body of a municipality may not adopt |
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an ordinance providing that law enforcement personnel of the |
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municipality will not respond to any alarm signal indicated by an |
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alarm system in the municipality unless, before adopting the |
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ordinance, the governing body of the municipality: |
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(1) makes reasonable efforts to notify permit holders |
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of its intention to adopt the ordinance; and |
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(2) conducts a public hearing at which persons |
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interested in the response of the municipality to alarm systems are |
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given the opportunity to be heard. |
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(b) A municipality that adopts an ordinance under this |
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section may not impose or collect any fine, fee, or penalty |
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otherwise authorized by this subchapter. |
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(c) A municipality that adopts or proposes to adopt an |
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ordinance under this section may notify permit holders that a |
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permit holder may contract with a security services provider |
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licensed by the Texas Private Security Board under Chapter 1702, |
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Occupations Code, to respond to an alarm. The notice, if given, |
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must include the board's telephone number and Internet website |
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address. |
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Sec. 214.210. PRIORITY OR LEVEL OF RESPONSE NOT AFFECTED; |
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LIABILITY OF MUNICIPALITY FOR NONRESPONSE. (a) Nothing in this |
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subchapter: |
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(1) affects the priority or level of response provided |
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by a municipality to a permitted location; or |
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(2) waives the governmental immunity provided by law |
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for a municipality. |
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(b) A municipality that does not respond to an alarm system |
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signal is not liable for damages that may occur relating to the |
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cause of the alarm system signal. |
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Sec. 214.2105. EXCLUSION OF CERTAIN ALARM SYSTEMS BY OWNER. |
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(a) A property owner or an agent of the property owner authorized |
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to make decisions regarding the use of the property may elect to |
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exclude the municipality from receiving an alarm signal by an alarm |
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system located on the owner's property. A municipality may adopt an |
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ordinance that specifies the requirements a property owner must |
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satisfy for an election to be made under this section. |
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(b) If an election is made under Subsection (a), the |
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municipality: |
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(1) may not impose a fee to obtain a permit to use the |
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alarm system; |
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(2) may impose a fee on the property owner, not to |
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exceed $250, for each law enforcement response to a signal from the |
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alarm system requested by an alarm systems monitor; and |
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(3) may not impose or collect any other fine, penalty, |
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or fee, other than a collection fee, related to the alarm system. |
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SECTION 4. With respect to a municipality subject to |
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Subchapter F-1, Chapter 214, Local Government Code, as added by |
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this Act, that on the effective date of this Act is a party to a |
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contract with a third party to provide alarm system services, the |
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changes in law made by this Act apply beginning after the date the |
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contract, including any renewals, is terminated or expires by the |
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contract's own terms. During the period a contract described by |
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this section is effective, the municipality described by this |
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section is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2162 was passed by the House on May 8, |
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2015, by the following vote: Yeas 120, Nays 19, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2162 on May 31, 2015, by the following vote: Yeas 124, Nays 20, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2162 was passed by the Senate, with |
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amendments, on May 27, 2015, by the following vote: Yeas 27, Nays |
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4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |