85R13255 MAW-F     By: Simmons H.B. No. 3115       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of certain professions under the Private   Security Act.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1702.061, Occupations Code, is amended   by adding Subsection (c-1) to read as follows:          (c-1)  The board may not adopt or enforce any rule or take any   action that distinguishes between persons or that favors one person   over another on the basis of the number of persons licensed,   registered, or commissioned under this chapter.          SECTION 2.  Sections 1702.239(a) and (d), Occupations Code,   are amended to read as follows:          (a)  The board may require that an individual employed as an   alarm systems installer or security salesperson hold a   certification by a board-approved training program to renew an   endorsement. The board may approve only nationally recognized   training programs that consist of at least 16 hours of classroom   study in the areas of work allowed by the endorsement. To be   approved, a training program must offer at least two certification   programs each year, sufficient to complete the requirements of this   subsection, within 100 miles of each county in the state that has a   population of more than one million [500,000].          (d)  If the board requires certification or examination   under this section, the board may not [shall] implement rules to   require that to renew an endorsement, an individual who is employed   as an alarm systems installer or a security salesperson and who has   already once renewed the endorsement must obtain continuing   education credits related to the line of work for which the   individual is licensed. [If the board requires the continuing   education, the chief administrator must approve classes offered by   nationally recognized organizations, and participants in the   classes must qualify according to board rules.]          SECTION 3.  Sections 1702.288(d) and (e), Occupations Code,   are amended to read as follows:          (d)  The rules shall require that, not later than the seventh   day after the date of selling an alarm monitoring contract to   [entering into a contract for services regulated by the board with]   another alarm systems company [or alarm systems monitor], an alarm   systems company shall[:                [(1)]  notify the recipient of [those] services under   the contract of the name, address, and telephone number and   individual to contact at the company that purchased the contract[;                [(2)     notify the recipient of services at the time the   contract is negotiated that another licensed company may provide   any of the services requested by subcontracting or outsourcing   those services; and                [(3)     if any of the services are subcontracted or   outsourced to a licensed third party, notify the recipient of   services, by mail, of the name, address, phone number, and license   number of the company providing those services].          (e)  The rules shall require that notice provided to a   recipient of services under Subsection (d) shall[:                [(1)]  be mailed to the recipient in a written form that   emphasizes the required information[; and                [(2)     include stickers or other materials to be affixed   to an alarm system indicating the alarm systems company's or alarm   systems monitor's new telephone number].          SECTION 4.  Section 1702.289, Occupations Code, is amended   to read as follows:          Sec. 1702.289.  INSPECTIONS. (a)  An employee or agent of   the department or board, as applicable, who enters the place of   business of a person regulated under this chapter for the purpose of   conducting an inspection [or audit] must:                (1)  notify the manager or owner of the business of the   presence of the person conducting the inspection [or audit]; [and]                (2)  present the manager or owner of the business with   credentials that identify the person conducting the inspection [or   audit] as an employee or agent of the department or board; and                (3)  have reasonable suspicion of a violation of this   chapter or a rule adopted under this chapter.          (b)  This section does not prohibit the department or board   from conducting an undercover investigation or covert observation   [audit in order] to determine compliance with this chapter or a rule   adopted under this chapter.          SECTION 5.  Subchapter L, Chapter 1702, Occupations Code, is   amended by adding Section 1702.290 to read as follows:          Sec. 1702.290.  AUDITS. (a)  An employee or agent of the   department or board, as applicable, who enters the place of   business of a person regulated under this chapter for the purpose of   conducting an audit must:                (1)  notify the manager or owner of the business of the   presence of the person conducting the audit; and                (2)  present the manager or owner of the business with   credentials that identify the person conducting the audit as an   employee or agent of the department or board.          (b)  An employee or agent of the department or board, as   applicable, who enters the place of business of a person regulated   under this chapter for the purpose of conducting an audit may not   conduct an audit without the express consent of the manager or owner   of the business.          (c)  This section does not prohibit the department or board   from conducting an undercover investigation or covert observation   to determine compliance with this chapter or a rule adopted under   this chapter.          SECTION 6.  Section 1702.308(a), Occupations Code, is   amended to read as follows:          (a)  This section does not apply to a noncommissioned   security officer or an employee of an alarm systems company.          SECTION 7.  Section 1702.370, Occupations Code, is amended   to read as follows:          Sec. 1702.370.  EFFECT OF SUSPENSION; MONITORING OF   EXISTING ALARM CONTRACTS. Subject to expiration of the license   under Section 1702.306, a license holder may continue to monitor   under an existing alarm contract [or contract to monitor under an   existing alarm contract] for 45 [30] days after the date of   suspension of the person's license.          SECTION 8.  Section 1702.388, Occupations Code, is amended   by amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  Except as provided by Subsection (c), an [An] offense   under this section is a Class A misdemeanor, except that the offense   is a felony of the third degree if the person has previously been   convicted under this chapter of failing to hold a license,   registration, endorsement, certificate, or commission that the   person is required to hold under this chapter.          (c)  An offense under this section for a violation of a rule   adopted under this chapter is a Class C misdemeanor.          SECTION 9.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 10.  This Act takes effect September 1, 2017.