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A BILL TO BE ENTITLED
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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. Section 214.191, Local Government Code, is |
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amended to read as follows: |
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Sec. 214.191. DEFINITIONS. In this subchapter: |
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(1) "Alarm system" has the meaning assigned by Section |
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1702.002, Occupations Code [means a device or system that transmits
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a signal intended to summon police of a municipality in response to
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a burglary. The term includes an alarm that emits an audible signal
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on the exterior of a structure. The term does not include an alarm
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installed on a vehicle, unless the vehicle is used for a habitation
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at a permanent site, or an alarm designed to alert only the
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inhabitants within the premises]. |
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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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(4) [(2)] "Permit" means a certificate, license, |
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permit, or other form of permission that authorizes a person to |
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engage in an action. |
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SECTION 2. Section 214.194(b), Local Government Code, is |
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amended to read as follows: |
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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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SECTION 3. The heading to Section 214.195, Local Government |
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Code, is amended to read as follows: |
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Sec. 214.195. NONRENEWAL OR REVOCATION OF PERMIT; [AND] |
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TERMINATION OF MUNICIPAL RESPONSE; DISCRIMINATION PROHIBITED. |
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SECTION 4. Section 214.195, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (e) to |
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read as follows: |
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(a) Except as provided in Subsections [Subsection] (d) and |
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(e), a municipality may not terminate its law enforcement response |
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to a residential permit holder because of excess false alarms if the |
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false alarm fees are paid in full. |
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(e) A municipality may refuse to respond to a location if |
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the location has had more than eight other false alarms during the |
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preceding 12-month period. |
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SECTION 5. Section 214.196, Local Government Code, is |
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amended to read as follows: |
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Sec. 214.196. ON-SITE INSPECTION REQUIRED. A municipality |
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may not consider a false alarm to have occurred unless [a response
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is made by] an agency of the municipality [within 30 minutes of the
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alarm notification and the agency] determines from an inspection of |
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the interior or exterior of the premises that the alarm report by an |
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alarm systems monitor was false. |
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SECTION 6. Section 214.197, Local Government Code, is |
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amended to read as follows: |
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Sec. 214.197. PENALTIES FOR FALSE ALARMS. (a) A |
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municipality may impose a penalty for the report [signaling] of a |
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false alarm by an alarm systems monitor [a burglar alarm system] if |
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at least three other false alarms have occurred during the |
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preceding 12-month period. The amount of the penalty for the report |
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[signaling] of a false alarm as described by Section 214.196 may not |
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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 visual proof of possible criminal activity |
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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: |
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(1) may impose a penalty for the report of a false |
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alarm by a person not licensed under Chapter 1702, Occupations |
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Code; and |
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(2) may not impose a penalty for the report of a false |
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alarm by a person licensed under Chapter 1702, Occupations Code. |
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(d) A municipality may not impose or collect any fine, fee, |
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or penalty related to a false alarm or alarm system unless the fine, |
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fee, or penalty is defined in the ordinance in accordance with this |
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subchapter. |
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SECTION 7. The heading to Section 214.198, Local Government |
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Code, is amended to read as follows: |
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Sec. 214.198. PROCEDURES FOR REDUCING FALSE ALARMS |
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[VERIFICATION]. |
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SECTION 8. Section 214.200(b), Local Government Code, is |
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amended to read as follows: |
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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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SECTION 9. Subchapter F, Chapter 214, Local Government |
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Code, is amended by adding Section 214.201 to read as follows: |
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Sec. 214.201. EXCEPTIONS FOR CERTAIN ALARM SYSTEMS. (a) A |
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property owner or an agent of the property owner authorized to make |
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decisions regarding the use of the property may, without permission |
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or exception of the municipality, elect to exclude the municipality |
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from receiving an alarm signal by an alarm system located on the |
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owner's property. |
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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, not to exceed $250, for each law |
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enforcement response to a signal from the alarm system requested by |
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an alarm systems monitor; and |
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(3) may not impose or collect any other fine, fee, or |
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penalty related to the alarm system. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2015. |