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Tex. Health & Safety Code ยง 781.001 (2006) - Definitions

TEXAS STATUTES AND CODES
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
SUBTITLE B. EMERGENCIES
CHAPTER 781. PERSONAL EMERGENCY RESPONSE SYSTEMS
SUBCHAPTER A. GENERAL PROVISIONS


Tex. Health & Safety Code § 781.001 (2006)
§ 781.001. Definitions

In this chapter:

(1) "Alarm system" means electronic equipment and devices designed to act as a personal emergency response system.

(2) "Branch office" means an office that:

(A) is identified to the public as a place from which business is conducted, solicited, or advertised; and

(B) is at a place other than the principal place of business as shown in department records.

(3) "Commissioner" means the executive commissioner of the Health and Human Services Commission.

(4) "Department" means the Department of State Health Services.

(5) "Manager" means an officer or supervisor of a corporation or a general partner of a partnership who manages a personal emergency response system provider.

(6) "Personal emergency response system" means an alarm system that is:

(A) installed in the residence of a person;

(B) monitored by an alarm systems company;

(C) designed only to permit the person to signal the occurrence of a medical or personal emergency on the part of the person so that the company may dispatch appropriate aid; and

(D) not part of a combination of alarm systems that includes a burglar alarm or fire alarm.



Tex. Health & Safety Code § 781.101 (2006)
§ 781.101. Personal Emergency Response System Provider License Required

Unless the person holds a license issued under this chapter, a person may not act as or perform the services of a personal emergency response system provider.



Tex. Health & Safety Code § 781.102 (2006)
§ 781.102. Personal Emergency Response System Provider

A person acts as a personal emergency response system provider for the purposes of this chapter if the person sells, installs, services, monitors, or responds to a personal emergency response system.



Tex. Health & Safety Code § 781.103 (2006)
§ 781.103. Application for License

An application for a license under this chapter must be in the form prescribed by the commissioner and include:

(1) the full name and business address of the applicant;

(2) the name under which the applicant intends to do business;

(3) a statement as to the general nature of the business in which the applicant intends to engage;

(4) if the applicant is an entity other than an individual, the full name and residence address of each partner, officer, and director of the applicant, and of the applicant's manager;

(5) a verified statement of the applicant's experience qualifications;

(6) a report from the Department of Public Safety stating the applicant's record of any convictions for a Class B misdemeanor or equivalent offense or a greater offense;

(7) the social security number of the individual making the application; and

(8) other information, evidence, statements, or documents required by the department.



Tex. Health & Safety Code § 781.104 (2006)
§ 781.104. Issuance of Branch Office License

(a) A license holder shall notify the department in writing of the establishment of a branch office and file in writing with the department the address of the branch office.

(b) On application by a license holder, the department shall issue a branch office license.



Tex. Health & Safety Code § 781.106 (2006)
§ 781.106. General Qualifications for License

(a) An applicant for a license or the applicant's manager must be at least 18 years of age and must not:

(1) have been convicted in any jurisdiction of a Class A misdemeanor or equivalent offense or a greater offense, unless a full pardon has been granted for reasons relating to a wrongful conviction;

(2) have been convicted in any jurisdiction of a Class B misdemeanor or equivalent offense for which the fifth anniversary of the date of conviction has not occurred before the date of application, unless a full pardon has been granted for reasons relating to a wrongful conviction;

(3) have been found by a court to be incompetent by reason of a mental defect or disease and not have been restored to competency;

(4) be suffering from habitual drunkenness or from narcotics addiction or dependence; or

(5) have been discharged from the United States armed forces under other than honorable conditions.

(b) The department may deny an application for a license if the applicant has been convicted in any jurisdiction of a Class B misdemeanor or equivalent offense if the fifth anniversary of the date of conviction has occurred before the date of application, unless a full pardon has been granted for reasons relating to a wrongful conviction.



Tex. Health & Safety Code § 781.107 (2006)
§ 781.107. Manager Required

(a) A license holder's business shall be operated under the direction and control of one manager. A license holder may not apply to designate more than one individual to serve as manager of the license holder's business.

(b) An individual may not act as a manager until the individual has made a satisfactory showing to the department that the individual:

(1) satisfies the requirements of Section 781.106; and

(2) has not engaged in conduct regarding a violation or conviction that is grounds for disciplinary action under Section 781.351.



Tex. Health & Safety Code § 781.108 (2006)
§ 781.108. Insurance

(a) A license holder shall maintain on file with the department at all times the certificate of insurance required by this chapter.

(b) The department shall immediately suspend the license of a license holder who violates Subsection (a).

(c) The department may rescind the license suspension if the license holder provides proof to the department that the insurance coverage is still in effect. The license holder must provide the proof in a form satisfactory to the department not later than the 10th day after the date the license is suspended.

(d) After suspension of the license, the department may not reinstate the license until an application, in the form prescribed by the commissioner, is filed accompanied by a proper insurance certificate. The department may deny the application notwithstanding the applicant's compliance with this section:

(1) for a reason that would justify suspending, revoking, or denying a license; or

(2) if, during the suspension, the applicant performs a practice for which a license is required.



Tex. Health & Safety Code § 781.109 (2006)
§ 781.109. Insurance Requirement

(a) The department may not issue a license unless the applicant files with the department:

(1) evidence of a general liability insurance policy on a certificate of insurance form prescribed by the Texas Department of Insurance and countersigned by an insurance agent licensed in this state; or

(2) a certificate of insurance for surplus lines coverage obtained under Chapter 981, Insurance Code, through a licensed Texas surplus lines agent resident in this state.

(b) The general liability insurance policy must be conditioned to pay on behalf of the license holder damages that the license holder becomes legally obligated to pay because of bodily injury, property damage, or personal injury, caused by an event involving the principal, or an officer, agent, or employee of the principal, in the conduct of any business licensed under this chapter.

(c) The insurance policy must contain minimum limits of:

(1) $ 100,000 for each occurrence for bodily injury and property damage;

(2) $ 50,000 for each occurrence for personal injury; and

(3) a total aggregate amount of $ 200,000 for all occurrences.

(d) An insurance certificate executed and filed with the department under this chapter remains in effect until the insurer terminates future liability by providing to the department at least 10 days' notice of the intent to terminate liability.



Tex. Health & Safety Code § 781.110 (2006)
§ 781.110. License Holder Exemptions from Certain Local Regulations

(a) A license holder or an employee of a license holder is not required to obtain an authorization, permit, franchise, or license from, pay another fee or franchise tax to, or post a bond in a municipality, county, or other political subdivision of this state to engage in business or perform a service authorized under this chapter.

(b) A municipality, county, or other political subdivision of this state may not require a payment for the use of municipal, county, or other public facilities in connection with a business or service provided by a license holder, except that a municipality may impose and collect:

(1) a reasonable charge for the use of a central alarm installation located in a police office that is owned, operated, or monitored by the municipality; and

(2) reasonable inspection and reinspection fees in connection with a device that causes at least five false alarms in a 12-month period.

(c) A municipality may require, until the device is repaired to the satisfaction of the appropriate municipal official, discontinuation of service of an alarm signal device that, because of mechanical malfunction or faulty equipment, causes at least five false alarms in a 12-month period.

(d) For the purposes of Subsection (c), a false alarm caused by human error or an act of God is not considered a mechanical malfunction or faulty equipment.



Tex. Health & Safety Code § 781.151 (2006)
§ 781.151. Registration Required

An individual must register with the department if the individual:

(1) is employed as an alarm systems company, alarm systems installer, manager or branch office manager, or security salesperson who enters a client's residence at any time while performing the salesperson's responsibilities; or

(2) is an owner, officer, partner, or shareholder of a license holder and is responsible for managing the business of the license holder.



Tex. Health & Safety Code § 781.155 (2006)
§ 781.155. Qualifications for Registration

(a) An individual must be at least 18 years of age to be registered.

(b) The department by rule may adopt additional qualifications for an individual to be registered under this subchapter.



Tex. Health & Safety Code § 781.156 (2006)
§ 781.156. Application for Registration

(a) An application for registration must be verified and include:

(1) the applicant's full name, residence address, residence telephone number, date and place of birth, and social security number;

(2) a statement that:

(A) lists each name used by the applicant, other than the name by which the applicant is known at the time of application, and an explanation stating each place where each name was used, the date of each use, and a full explanation of the reasons the name was used; or

(B) states that the applicant has never used a name other than the name by which the applicant is known at the time of application;

(3) the name and address of the applicant's employer and, if applicable, the applicant's consulting firm;

(4) the date the employment commenced;

(5) a letter from the license holder requesting that the applicant be registered;

(6) the title of the position occupied by the applicant and a description of the applicant's duties; and

(7) any other information, evidence, statement, or document required by the department.

(b) The employer of the applicant shall make a reasonable attempt to verify the information required under Subsection (a)(1).