H.B. No. 2162

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