Samsung AZ09GATEA Specifications download pdf (Page 4)

Only the Strong Survive

Last month I told you this industry is under siege and shared with you the

very serious events that are unfolding in the state of Texas, with the enforcement

of Article 4413 (29bb) V.A.C.S. under House Bill 713. This bill is being imposed by

the Texas Board Of Private Investigators And Private Security Agencies,

requiring anyone (including locksmiths) to possess an Alarm license to service

or install any electronic locks or mechanical push button locks, even if the unit

in question is not tied into an alarm system. The potential impact of this bill is

staggering, with implications much farther reaching than just Texas.

This month, let’s talk about who the real supporter of House Bill 713 is and why it was

enacted, as well as what measures can be taken to counteract it. I’ll also briefly touch upon what this

industry is doing to combat this intrusive invasion by the alarm industry and what can be done to

prevent any future surprise attacks.

Who’s Responsible For HB 713?

The driving force behind House Bill 713, which Article 4413 (29bb) V.A.C.S. falls under, is the

National Burglar & Fire Alarm Association (NBFAA). The NBFAA is the nation’s oldest and largest

organization representing the professional alarm industry. Founded in 1948, the association

represents more than 3,500 member companies and over 30,000 employees in 40 Chartered State

Associations. The Private Investigators and Private Security Agencies Act under House Bill 713, was

passed by the Texas Legislature as a consumer protection law. The purpose of this law was to license

and regulate the Private Security and Private Investigators profession, and provide a penalty for those

who practice without a license. It also mandates that a minimum number of hours for continuing

education courses be taken to maintain a license.

In the original version of House Bill 713, the inclusion of Section 33 which defined a “Detection

Device” was not in the bill. Revisions and amendments to House Bill 713 was introduced to the Senate

committee and House of Representatives for approval in May of 1995. The bill was passed with the

new revisions — including Section 33 — designated to take effect September 1, 1995. This all

encompassing definition of a “Detection Device” is what has ignited this conflicting controversy. Prior

to its inclusion in House Bill 713, this industry as well as several other industries (we are not the only

ones affected by this) were not restrained from performing such services.

What Was The Intent Of HB 713?

There is no doubt that a partial underlining intent to add Section 33 into House Bill 713 was to

eliminate competition in the electronic security market. The NBFAA has been in a bitter battle with

the telephone companies trying to prevent the phone companies from offering alarm monitoring

services. The NBFAA’s argument is that the phone companies are a monopoly engaging in unfair

business practices. It appears however, that the NBFAA has lost its argument. Some phone

companies are now providing alarm monitoring services.

You can imagine the impact the phone companies will have on the alarm monitoring industry. I

believe the inclusion of Section 33 into House Bill 713 was an attempt on the part of the alarm industry

to recover a portion of the business it knew it would ultimately lose to the telephone companies. That

is however, only speculative.

What Can Be Done?

Currently, the only defensive measures those affected by this bill can take to combat such

enforcement is to acquire an alarm license. I know that’s not what you want to hear, but at present,

there is no alternative. Until an amendment can be passed to include locksmiths in this bill rather

than exclude them, the only option you have which will legally allow you to continue servicing

electronic locks or mechanical push button locks is to get an alarm license. Knowing that, let’s talk

about the requirements to acquire an alarm license.

The requirements to obtain an alarm license is rather rigid, invasive and restrictive. Not everyone

will qualify. A brief overview of the requirements follows.

License Requirements

There are three types of licenses available, a Class A, Class B and Class C. For locksmiths

providing any type of electronic lock service, which is classified as an “Alarm Systems Company”

Mango's Message

6 • The National Locksmith

Greg Mango

Managing Editor

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