Revised Rules Governing the Regulation
of Alarm Systems in Harris County, Texas
(Dated January, 2002)
CLICK APPROPRIATE LINK TO GO DIRECTLY TO THAT SECTION
Section 1. Definitions.
The following words, terms and phrases, when used in these
Rules, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
(1) Administrator. The person designated by the
Sheriff to supervise the Alarm Detail of the Harris County
Sheriffs Office, and to administer and enforce
these Rules.
(2) Alarm Detail. The administrative unit of the
Harris County Sheriffs Office designated and authorized
by the Sheriff to administer and enforce these Rules.
(3) Alarm Site. The specific property (real or personal)
or area of the premises on or within which an alarm system
is installed or placed.
(4) Alarm System. An alarm signal device, burglar
alarm, hold up alarm, heat or motion sensor, or other mechanical
or electronic device used:
a. To prevent or detect burglary, theft,
pilferage, or other loss of property;
b. To prevent or detect intrusion; or
c. Primarily to detect and summon aid for other emergencies.
d. These Rules shall not apply to:
1. Alarm systems installed on the premises of health
care facilities licensed by the Texas Department of Health;
2. Alarm systems installed on a motor vehicle; on premises
occupied by the United States, the State of Texas, Harris
County, or on premises located in an incorporated area
within Harris County, Texas; or
3. Any alarm system designed solely to detect or give
notice of fire or smoke.
(5) Alarm System Business. Any person who sells, leases,
installs, services, repairs, alters, modifies, monitors, or
responds to alarm systems as a livelihood.
(6) Applicant. The person, or an agent or employee
acting on behalf of such person, for whom a permit is sought.
(7) Automatic Dialing Device. Any device connected
to an alarm system which automatically sends a pre-recorded
message or coded signal to a pre-determined location indicating
activation of the alarm system.
(8) Burglar Alarm. Any alarm system intended to prevent
or detect an unauthorized entry or attempt thereof into the
alarm site.
(9) Central Station. That part of an alarm system
business which intercepts signals indicating the activation
of an alarm system and which relays this information by live
voice to a Harris County law enforcement agency.
(10) County Law Enforcement Official. Any certified
Texas peace officer who holds a valid commission from the
Sheriff or a Harris County Constable.
(11) Disconnect or Deactivate. To render an alarm
system disabled so as not to send a signal to an alarm system
business or to sound an audible alarm.
(12) False Alarm. An alarm signal received by a County
law enforcement official, or notification received from an
alarm system business by live voice to a Harris County law
enforcement agency, that is later determined not to involve
a criminal offense, attempted criminal offense, or other emergency
of the kind for which the alarm system was designed to give
notice, or as may be further defined by Chapter 237 of the
Texas Local Government Code, as amended.
(13) Hold-up Alarm. Any alarm system which, when activated
by human action, gives notification of a robbery or attempt
thereof.
(14) Local Alarm. Any alarm system emitting audible
and/or visual signals located at the alarm site which, when
activated, causes notification to be made indirectly to the
appropriate Harris County law enforcement agency.
(15) Panic Alarm. Any alarm system which, when activated
by human action, gives notification of, or summons a law enforcement
agency for any life-threatening reason.
(16) Permit. A certificate authorizing a person to
operate an alarm system for an alarm site, issued by the Alarm
Detail.
(17) Permit Holder. The person to whom an alarm system
permit is issued.
(18) Person. Includes an individual, corporation,
partnership, association, organization, or a similar entity.
(19) Sheriff. The Sheriff of Harris County and employees
of the Sheriffs Office assigned by the Sheriff or
his designee to perform the duties prescribed by these Rules.
(20) Sheriffs Office. The Harris County
Sheriffs Office, a departmental unit of Harris County,
Texas.
(21) Silent Alarm. Any alarm system not emitting audible
or visual signals located at the alarm site which, when activated,
causes notification to a central station.
(22) Thirty-minute Shutoff. An automatic device associated
with a local alarm system which automatically causes the audible
and/or visual indication of the local alarm to shut off and
discontinue the emission of a signal after a period not to
exceed thirty (30) minutes of continuous operation.
(23) Variable Tone Audible Device. Means any audible
device capable of emitting sound that is similar to an emergency
vehicle siren or civil defense warning system. It shall not
include an audible device that emits a steady-tone and/or
a steady-tone which turns on and off, or the sound of a bell.
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Section 2. Permit
Requirements.
(a) No person shall operate, cause to be operated, or allow
the operation of an alarm system unless a valid permit has
been issued by the Alarm Detail for that alarm system and
is not revoked, or as otherwise allowed by law.
(b) This section shall not be applicable to an alarm system
business which monitors and services alarm systems installed
on premises belonging to a person other than the alarm system
business.
(c) The intended permit holder shall have legal right of
ownership or possession of the premises which are to be the
alarm site set forth on the application for a permit.
(d) Each permit issued by the Alarm Detail shall be valid
only for the alarm site permitted and is not transferable
to another person or other alarm site.
(e) The Harris County Sheriff or any other County law enforcement
agency or official may not respond to a notification of activation
of an alarm system unless a permit is issued and unrevoked.
(f) A response made by a County law enforcement official
shall be subject to any applicable policies and procedures
of the Sheriffs Office governing response priorities.
(g) The issuance of a permit is not intended to nor shall
it create a contract, whether express or implied, creating
a duty or guarantee of response from the Sheriff, the Harris
County Sheriffs Office, Harris County, or any other
agency of Harris County.
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3. Application For
Permit.
(a) Application for a permit authorizing the operation of
an alarm system shall be made in writing to the Alarm Detail
on a form designed for that purpose. On such application shall
be set forth:
(1) The name, mailing address, telephone numbers, and Texas
drivers license number, D.P.S. identification number,
or other identification approved by the Alarm Detail Administrator,
of the applicant or intended permit holder if other than
the applicant;
(2) The street address of the alarm site, including the
particular suite or apartment number, if applicable;
(3) Any business or assumed name used for the alarm site;
(4) The name, address, and telephone number of the property
owner of the alarm site if other than the intended permit
holder;
(5) The types of alarm systems operating at the alarm site,
e.g., burglar, panic, heat, motion;
(6) The name of the alarm system business that has installed
or will install the alarm system or alarm system monitoring
company, and the number of the current license issued to
such business by the Texas Board of Private Investigators
and Private Security Agencies;
(7) The names and local telephone numbers of two (2) persons
other than the permit holder, or the name and local telephone
number of an alarm system business, which are able to and
have agreed to:
a. Receive notification at any time;
b. Come to the alarm site within one (1) hour after receiving
a request from County law enforcement official to do so,
or immediately upon the receipt of the request from the
County law enforcement official, advise the official of
the estimated time the permit holder will arrive at the
alarm site;
c. Grant access to the alarm site and deactivate the
alarm system if necessary;
(8) The name, local telephone number, and current license
number, issued by the Texas Board of Private Investigators
and Private Security Agencies, of the alarm system business
which is able and has agreed to receive calls at any time
and to give County law enforcement officials the names of
persons listed with that business as set out below, if:
a. The permit holder has given the alarm system business
the name and local telephone numbers of two (2) persons
who are able and have agreed to receive notification any
time to come to the alarm site within one (1) hour after
receiving a request from a County law enforcement official
to do so; or immediately upon receipt of the request from
the County law enforcement official, advise the official
of the estimated time the person will arrive at the alarm
site, and to grant access to the alarm site and to deactivate
the alarm system if necessary; and
b. The permit holder has authorized the alarm system
business to provide the names listed with that business
to a County law enforcement official, upon request, in
order to obtain assistance after an alarm system has been
activated;
(9) A copy of the applicable document as set forth below,
attached to the application form:
a. The assumed name registration if the alarm site will
be operated under an assumed name;
b. The partnership registration, if any, and the names
and addresses of the general managing partner, and all
other general partners if the permit holder is to be a
partnership;
c. If a corporation, the corporate charter with the names
and addresses of all officers and the registered agent;
d. The certificate of authorization to do business from
the Secretary of State if the permit holder is to be an
out-of-state corporation;
(10) A written representation that there are no dangerous
or special conditions present at the alarm site, or if so,
then a separate and detailed statement of the nature of
said conditions; and
(11) A written representation that all outstanding fees,
fines, charges, costs and/or court judgments entered by
a court of competent jurisdiction relating to these Rules
and owed to Harris County by the applicant or intended permit
holder, if other than the applicant, have been paid or satisfied.
(b) Such application shall be signed by the person making
the application for the permit, acknowledging that he has
read the application, affirming the correctness and accuracy
of the information given on the application, authorizing the
release to the Sheriff of the information required hereunder,
and, if such person making the application will not be the
permit holder, certifying that he is authorized to act for
the intended permit holder.
(c) Such application shall list the permit fees, the conditions
for revocation of the permit, the response fees, and shall
include by reference these Rules, referred to as the Revised
Rules Governing the Regulation of Alarm Systems within Harris
County, Texas, and any amendments thereto.
(d) The Sheriff shall issue a permit upon submission of an
application and payment of the permit fee in accordance with
these Rules, unless the Sheriff finds that:
(1) Any statement made in the application was incomplete,
misleading or false;
(2) The applicant or the intended permit holder has not
paid all outstanding fees, fines, charges, costs, and/or
court judgments entered by a court of competent jurisdiction
relating to these Rules and owed to Harris County;
(3) The alarm site was previously not permitted while under
the control of the applicant or the intended permit holder
if other than the applicant, and outstanding fines, fees,
charges, costs, and/or court judgments entered by a court
of competent jurisdiction are still owed to Harris County
by the applicant or intended permit holder; or
(4) The alarm site has had a history of excessive false
alarms because of an unreliable alarm system. The Sheriff
may establish reasonable standards for determining reliability
or unreliability of alarm systems as a Sheriffs Office
policy.
(e) If the Sheriff denies the application for a permit, he
shall cause to be mailed a notice of denial to the applicant
or intended permit holder at the address set out in the application
and shall furnish a copy thereof to be retained by the Alarm
Detail. The notice shall state the basis for the denial and
shall inform the applicant or intended permit holder that
he may reapply for a permit upon resolution or correction
of the condition(s) that caused such denial.
(f) The Sheriff may establish written rules and policies
to govern block permitting by alarm system businesses.
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Section 4. Alarm
Systems in Apartment Complexes.
(a) Each residential unit or apartment in a multi-unit housing
complex which has an alarm system is a separate alarm site.
(b) The tenant of an apartment with an alarm system shall
obtain a permit from the Alarm Detail before operating or
causing the operation of an alarm system in the tenants
residential unit. The tenant shall provide the name of a representative
of the apartment owner or property manager who can grant access
to the apartment alarm site.
(c) The owner or property manager of an apartment complex
shall obtain a separate permit for any alarm system operated
in offices or common areas of the apartment complex, each
of which is considered a separate alarm site.
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Section 5. Term
of Permit and Renewal
(a) Each new or renewal permit issued pursuant to these Rules
shall be valid for a twelve (12) month term from the date
of issuance as stated on the permit, and shall expire on the
last day of the twelfth month. The beginning for each renewal
permit term shall be on the first day of the month following
expiration.
(b) If the permit holder transfers or relinquishes control
of the alarm site before the expiration of the twelve (12)
month permit term, the permit holder, his representative,
agent or employee shall notify the Alarm Detail in writing
in advance of such transfer or relinquishment, and the permit
shall expire on the date of such transfer or relinquishment.
(c) The Sheriff shall give the permit holder at least thirty
(30) days notice of the expiration date of the permit and
the need for timely renewal; provided, however, that such
notice or lack thereof for whatever reason shall not relieve
the permit holder of his duty to renew such permit as provided
hereunder. The notice shall include a statement that it is
mandatory to renew the permit, the date the permit expires,
instructions on how to renew the permit, the amount of the
permit renewal fee, and that if not renewed prior to its expiration,
the permit shall be revoked.
(d) On or before the expiration of the permit term, the permit
holder shall submit to the Alarm Detail a renewal permit application,
as promulgated by the Alarm Detail, along with the applicable
renewal fee.
(e) Upon application for a renewal permit, the Sheriff shall
satisfy himself that no fees, fines, charges, costs and/or
court judgments entered by a court of competent jurisdiction
are owed to Harris County by the permit holder.
(f) If a permit is not timely renewed after having been revoked
pursuant to these Rules, the Sheriff may allow a permit to
be renewed in accordance with reinstatement renewal policies.
(g) A permit renewal application must be filed prior to the
expiration date of the permit, and will be considered timely
filed on the date the completed and certified application
and permit fee are received at the office of the Alarm Detail.
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Section 6. Permit
Fees.
(a) The fee for a new permit issued for residential and nonresidential
alarm sites shall be $35.00, and shall be issued for one (1)
permit term. The fee for renewal of a permit for residential
and nonresidential alarm sites shall be $10.00 for each renewal
term. The Alarm Detail may issue renewal permits for one or
more renewal terms. The fee for the reinstatement renewal
of a permit for residential and nonresidential alarm sites
shall be $50.00.
(b) Permit fees for residential alarm sites shall not be
required of permit holders who are at least sixty-five (65)
years of age.
(c) No refund of a fee paid pursuant to these Rules shall
be made.
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Section 7. Amendments
to Permit Application.
(a) The permit holder has an affirmative duty to amend any
information contained or attached to the permit application
that has changed or is out of date and filed with the Alarm
Detail within thirty (30) days after the information changed
or was out of date.
(b) Whenever a person listed on the application or listed
on an amendment to the application is unable or unwilling
to perform the duties set out in Sections 8 and 9 hereof,
permit holder shall file an amendment to the permit application
listing a person or company who is able and willing to perform
those duties so that at all times the application on file
with the Sheriffs Alarm Detail designates at least two
(2) persons or an alarm system business who are able and willing
to perform such duties.
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Section 8. Duties
of Permit Holder.
As a condition of a valid permit:
(1) The permit holder shall ensure that he or any person
listed with the Alarm Detail under Sections 3 and 7 is willing
and able to:
a. Receive notification at any time;
b. Come to the alarm site within one (1) hour after receiving
a request from a County law enforcement official to do
so, or immediately upon the receipt of the request from
the County law enforcement official, advise the official
of the estimated time the permit holder will arrive at
the alarm site; and
c. Grant access to the alarm site and deactivate the
alarm system if necessary.
(2) Residential permit holders shall keep the permit at
the alarm site and shall produce such permit for inspection
upon request of any County law enforcement official. Nonresidential
permit holders shall post the permit in a conspicuous place
that is in public view.
(3) The permit holder shall, within forty-five (45) days
of assessment or as may be otherwise ordered by a court
of competent jurisdiction, pay all fines, fees, charges
and costs associated with the permit and operation of the
alarm system.
(4) The permit holder shall maintain the alarm system in
proper working order to prevent activation of the alarm
system as a false alarm.
(5) The permit holder shall ensure that all persons authorized
to activate or deactivate the alarm system are trained in
the proper operation of the alarm system.
(6) The permit holder shall be responsible, and is liable,
for all fines, fees, costs, and charges associated with
these Rules, the permit, operation of the alarm system,
and false alarms.
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Section 9. Duty
of Permit Holder to Provide Access and Assistance.
Upon receipt of notification from a County law enforcement
official that an alarm system has been activated, the permit
holder or the permit holders designee shall come to
such alarm site within one (1) hour after receiving a request
from a County law enforcement official to do so, or immediately
upon receipt of the request from the County law enforcement
official, advise the official of the estimated time the permit
holder or the permit holders designee will arrive at
the alarm site in order to provide any necessary access or
assistance.
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Section 10. Requirements
For Operation of Alarm Systems; Prohibitions.
No person shall operate, cause to be operated, or allow to
be operated any alarm system in the unincorporated areas of
Harris County, Texas, unless the following requirements are
met:
(1) An alarm permit is issued for the alarm site and is
unrevoked.
(2) Any alarm system which may be activated as a result
of different types of emergency situations shall give a
unique alarm signal, if so equipped, that is to designate
activation as a result of a hold-up, a burglary, or any
other type of emergency situation so that the proper notification
and proper response can be made.
(3) Any alarm system designed to emit an audible signal
intended to be heard from the exterior of the alarm site,
and is located within 500 feet of a public roadway, shall
have a thirty (30) minute shutoff from the time of activation
and the audible signal must not sound similar to that of
a variable tone audible device.
(4) No hold-up alarm shall include a money clip, pressure
pad, or similar device(s) which can cause an activation
inadvertently; and any hold-up alarm shall be designed so
that it may be activated only by intentional and deliberate
human action;
(5) No person shall use or permit the use of any telephone
device or telephone attachment which automatically selects
any telephone line or number assigned to any governmental
agency of Harris County, Texas, and then transmits a pre-recorded
message or similar signal.
(6) No person shall use or permit the use of any device
which gives notice to any County law enforcement agency
by any means other than live human voice.
(7) The Sheriff may set reasonable standards and procedures
to be followed by any alarm system business when giving
notice to a County law enforcement agency of the activation
of an alarm system. Such standards and procedures shall
be set out in writing and made available to any person requesting
same for a reasonable reproduction fee as authorized by
state law.
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Section 11. Repair
or Deactivation of Alarm System.
(a) Upon receipt of notification in writing from the Alarm
Detail that an alarm system has malfunctioned or is causing
excessive false alarms:
(1) The permit holder shall have such system repaired and
provide evidence to the Alarm Detail that the alarm system
has been repaired within seventy-two (72) hours; or
(2) The permit holder shall cause such system to be deactivated
rather than having the alarm system repaired. In such event,
the permit holder shall notify the Alarm Detail of said
deactivation within seventy-two (72) hours, and the alarm
system shall not be reactivated until it has been repaired
and the Alarm Detail has been provided evidence reflecting
same.
(b) If the Alarm Detail has not received evidence that the
alarm system has been repaired or notification that the alarm
system has been deactivated within seventy-two (72) hours,
the permit shall be revoked.
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Section 12. Exceptions
to False Alarms.
(a) No person shall intentionally or knowingly activate an
alarm system for any purpose other than an emergency or threat
of emergency of the kind for which the alarm system was designed
to give notice; provided, however, it shall be a defense to
prosecution under this subsection that the alarm system was
activated solely for the purpose of testing the alarm system
and the person who tested the alarm system took reasonable
precautions to avoid any request for response being made to
a Harris County law enforcement agency.
(b) This section shall not apply to the conduct which is
prohibited by Chapter 42.06 of the Texas Penal Code, as presently
enacted or as may be subsequently amended.
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Section 13. Fees
for Response to False Alarms.
(a) There is no fee for a County law enforcement official
to respond to an activated alarm system for which a valid
and unrevoked permit exists, except as follows:
(1) A permit holder shall be assessed a fee of $75.00 for
each false alarm, including but not limited to a hold up
alarm, panic alarm, or burglar alarm, which is activated
for any reason other than an emergency or threat of an emergency
of the kind for which the alarm system was designed to give
notice. However, during each term of the permit or renewal
permit, the permit holder shall be allowed a maximum of
five (5) false alarms without being assessed a charge therefore.
(2) A permit holder may be charged the full costs incurred
by Harris County in the event that the permit holder, his
agent or employee intentionally or knowingly activates an
alarm system for any reason other than an emergency or threat
of an emergency of the kind for which the alarm system was
designed to give notice.
(b) No assessment or charge shall be made if the permit holder
can demonstrate to the Alarm Detail through substantial evidence
that the alarm was not false, or that such alarm system was
being tested and the person testing such system took reasonable
precautions to avoid any request for response being made to
a Harris County law enforcement agency.
(c) The Alarm Detail shall evaluate each response by a County
law enforcement official to the activation of an alarm system
to determine whether such alarm was false.
(d) The Alarm Detail shall maintain a detailed and systematic
record of all false alarm charges and payments for each permit
holder, or the owner or lessee of the alarm site if there
is no valid permit, which is assessed a fine, fee, charge
or cost.
(e) For purposes of determining the fees set out above, upon
determination by the Alarm Detail that an alarm was false,
the burden shall shift to the permit holder to provide substantial
evidence that the alarm was not false.
(f) The Sheriff may waive the imposition of false alarm fees
if he determines that the permitted alarm site is located
within a geographical area in which an emergency qualified
by the Sheriff or act of God caused an activation of the alarm
systems. The Sheriff may promulgate and institute procedures
governing the determination of a qualified emergency and establishing
a list of qualified emergencies.
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Section 14. Revocation
of Permit.
(a) An alarm system permit may be revoked upon the occurrence
of one or more of the following:
(1) The permit holder has violated a provision of Chapter
237, Texas Local Government Code (County Regulation of Alarm
Systems), any provision of these Rules, or any order of
Harris County Commissioners Court pertaining to these
Rules.
(2) The permit holder has failed to make payment in full
to Harris County for any fees, fines, charges, costs and/or
court judgments entered by a court of competent jurisdiction
within forty-five (45) days of the date the Sheriff has
mailed a notice to the permit holder that such fines, fees,
charges, costs, and/or court judgments entered by a court
of competent jurisdiction are due and owing.
(3) The permit holder accrues more than nine (9) false
alarms, including the first five (5) charge free false alarms,
during a term of the permit or renewal permit. If a reinstatement
renewal permit is issued in accordance with these Rules,
false alarm fees authorized under Section 13 shall be assessed
for each false alarm during the remainder of such permit
term.
(4) The permit holder accrues three (3) or more false alarms
subsequent to a reinstatement renewal permit during the
remainder of the then current permit term. Thereafter, the
permit holder may not apply for issuance of a reinstatement
renewal permit for a period of six (6) continuous months.
In all other instances where circumstances other than excessive
false alarms, including those which have created a hazard
for County law enforcement officials responding to alarms
at the alarm site, the permit holder may not apply for issuance
of a reinstatement permit for a period of twelve (12) continuous
months. Subject to the period that the permit holder may
not apply for issuance of a reinstatement renewal permit,
the twelve (12) month revocation period may be reduced,
at the discretion of the Alarm Detail Administrator, upon
a showing of good cause by the applicant/permit holder.
During the period that the permit holder may not apply for
issuance of a reinstatement renewal permit, the alarm system
shall be deactivated.
(5) The Alarm Detail does not receive notice that the alarm
system has been repaired or deactivated as set forth in
Section 11 (b).
(6) The permit holder is required to attend alarm abuser
class as set forth in Section 17, and has failed to satisfy
this requirement prior to the expiration date of the current
permit term.
(7) If a permit holder fails to renew the permit prior
to the expiration of the permit, as set forth in these Rules.
(8) Failure to update the permit application as required
by Section 7 herein.
(9) Notwithstanding other provisions included in these
Rules, if payment by check or credit card made to Harris
County for fines, fees, charges, costs and/or court judgments
entered by a court of competent jurisdiction is dishonored
or charged back, the permit shall be revoked.
(b) Upon revocation or denial of a permit, written notice
of such revocation or denial shall be given by the Alarm Detail
to the applicant or permit holder or the applicants
or the permit holders representative, agent, or employee,
by placing same in the U.S. mail service, certified mail,
return receipt requested, addressed to the applicant or permit
holder at such permit holders address as shown in the
application or its most recent amendment. In the event of
revocation, a copy of such notice of revocation shall be mailed
to the permit holders alarm system business, if any.
Such notice shall set forth:
(1) The basis for the decision to revoke the permit or
to deny the application;
(2) The dates of false alarms, if any, from such alarm
system;
(3) The amount of any fines, fees, charges or costs assessed
under these Rules, and/or court judgments entered by a court
of competent jurisdiction that are due and owing at the
time of the revocation or denial of a permit;
(4) That a request for an administrative hearing must be
received by the Alarm Detail within ten (10) days of receipt
of the notice of revocation or denial of a permit. Receipt
of notice is defined as ten (10) days from the date of the
certified mailing to the permit holder of the notice;
(5) Upon receipt of a request for an administrative hearing,
the Alarm Detail Administrator shall schedule a hearing
within thirty (30) days to determine whether the revoked
permit or denied permit application should be reinstated
or the permit granted.
(6) That the permit holder shall appear at the hearing
and may by represented by legal counsel, may present testimony,
and may cross-examine all witnesses;
(7) That the decision of the hearing officer shall be final
except that any permit holder shall have the right to appeal
such decision within ten (10) days to a court of competent
jurisdiction; and
(8) The earliest date that the permit may be reinstated
and the fee for a reinstatement renewal permit.
(c) A revoked alarm permit constitutes a non-permitted
alarm site subject to all penalties contained in these Rules,
including, but not limited to, fines, fees, charges, costs,
and Section 21 of these Rules.
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Section 15. Reinstatement
or Denial Hearing.
(a) All hearings shall be held by the Sheriff or his designee,
who shall be referred to as the hearing officer. The Sheriff
shall not designate any person to perform the duties of hearing
officer under this section who has direct knowledge of the
allegations or circumstances in such investigation of the
matters before the hearing officer.
(b) All hearings are intended to be conducted in an informal
manner; provided, however, the following rules shall apply
to all such hearings:
(1) All parties shall have the right to be represented
by legal counsel, although an attorney is not required.
(2) Each party may present witnesses in their own behalf.
(3) Each party may cross-examine all witnesses.
(4) Only evidence presented before the hearing officer
at such hearing shall be considered by the hearing officer
in rendering his findings and final decision.
(5) The hearing officer may adjust fees and charges owed
upon a showing of good cause by the permit holder.
(6) All decisions of the hearing officer become final within
ten (10) days, unless an appeal is made to a court of competent
jurisdiction by the permit holder within ten (10) days of
the decision made by the hearing officer.
(c) If after notice, the permit holder or applicant fails
to appear at the time, place and date specified for the hearing,
evidence presented by the Alarm Detail shall be sufficient
to establish a prima facie case showing that grounds exist
for revocation of the permit or the denial of the permit.
(d) Upon receipt of notice upholding the revocation of a
permit or denial of the permit application, the permit holder
shall deactivate and disconnect such alarm system immediately
and shall surrender his permit to the Alarm Detail in person
or by certified U.S. mail, return receipt requested, pending
the outcome of any appeal as authorized herein.
(e) If requested by any party no later than one (1) day after
the hearing, the hearing officer shall prepare a Hearing Officers
Report consisting of the finding of facts and the basis of
his decision, and shall mail such report to each party.
(f) If the hearing officer finds that grounds exist for issuing
a reinstatement renewal permit or issuing a new permit, he
shall give written notice of such finding to the applicant/permit
holder of such finding and decision. A reinstatement renewal
permit under this section shall retain its original issuance
date for purposes of determining the permit term. For the
remainder of the permit term in which the permit was revoked,
the permit holder will be charged a response fee, as authorized
under Section 13 above, for any false alarms generated by
the alarm system subject to the permit.
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Section 16. Reinstatement.
(a) A reinstatement renewal permit may be issued if the permit
holder has failed to request a hearing within the time specified
in Section 14 by filing an application for issuance of a reinstatement
renewal permit, payment of the fee for a reinstatement renewal
permit, and shows:
(1) That the cause of the excessive false alarms in Section
14 has been corrected; and
(2) All fees, fines, charges, costs, and/or court judgments
entered by a court of competent jurisdiction, owed to Harris
County, have been paid.
(b) If a permit holder has had a permit revoked twice during
one annual term of the permit, that person must wait a period
as set forth in Section 14 (a) (4) herein, before applying
for a permit. If a hearing has been requested pursuant to
Section 15, the revocation period shall begin on the date
of the denial issued by the hearing officer before the permit
holder may apply for a permit.
(c) If a reinstatement renewal permit is denied pursuant
to this section, a hearing may be requested if received in
writing within ten (10) working days of the date of notice
of denial and as otherwise set forth in Section 14.
(d) The twelve-month period of a permit term shall not be
affected by permit revocation, nor periods in which the permit
holder may not apply for the issuance of a reinstatement renewal
permit as set forth in Section 14 (a) (4). A reinstatement
renewal permit shall retain the issuance date of the original
permit for the purposes of commencement of the "twelve-month
period" in Section 5 of these Rules and shall not have
any more charge-free false alarm responses available in addition
to those already used during that period.
(e) The reinstatement renewal permit shall be the only means
of restoration of the lawful use of the alarm system hereunder
after the permit has been revoked; provided, however, that
a new permit must be applied for and issued before operation
of the alarm system if the ownership or possessory rights
to the alarm site have changed since the most recent application
or amendment thereof. A reinstatement renewal permit is subject
to the provisions of revocation as set forth in Section 14.
If the permit has expired, the Alarm Detail may additionally
require a prorated payment of the $ 10.00 permit renewal fee,
based on the remaining months before the next full permit
renewal date.
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Section 17. Alarm
Abuser Class.
(a) The Alarm Detail may establish an alarm abuser class.
This shall be not less than a two (2) hour class. The location
and scheduling of alarm abuser classes shall be decided by
the Alarm Detail Administrator.
(b) The alarm abuser class shall include instruction about
the responsible use of alarm systems and the problems and
costs to Harris County created by false alarms. Instruction
shall also include how to operate alarm systems without generating
false alarms.
(c) The Sheriff may establish policy and criteria for identifying
those permit holders who shall be notified of the requirement
to attend alarm abuser class, and the means of such notification.
The criteria shall include the frequency and number of false
alarms occurring at the alarm site.
(d) The Alarm Detail may charge a fee of at least $10.00
for the attendance of each person attending the alarm abuser
class, or such other amount as determined by the Administrator
to recover the full costs incurred by Harris County when the
person (a permit holder, owner or lessee of the alarm site,
or the agent or employee), who intentionally or knowingly
activates the alarm system for any reason other than an emergency
or threat of an emergency of the kind for which the alarm
system was designed to give notice. It is presumed that after
five (5) or more false alarms at an alarm site, the alarm
system has been knowingly activated.
(e) The Administrator shall oversee the creation and implementation
of the alarm abuser class. The Administrator may request assistance
of alarm system businesses and Harris County law enforcement
agencies in developing and implementing the class.
(f) The Administrator may compensate alarm system businesses
or their employees for assistance in conducting the alarm
abuse class. Compensation shall be for the professional and
technical knowledge of the alarm system business employee
used to educate persons attending class in all aspects of
properly installing, operating and maintaining alarm systems.
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Section 18. Operating
an Alarm System Without a Valid Permit.
Any person who operates, causes to be operated, or allows
the operation of an alarm system without a valid permit shall
be:
(1) Subject to criminal prosecution and imposition of fines,
fees, charges, costs, and/or court judgments entered by
a court of competent jurisdiction.
(2) Assessed a fee of $75.00 for each false alarm, including
but not limited to a hold-up alarm, panic alarm, or burglar
alarm, which is activated for any reason other than an emergency
or threat of an emergency of the kind for which the alarm
system was designed to give notice.
(3) Charged the full costs incurred by Harris County when
an alarm system is intentionally or knowingly activated
and causes a false alarm, and a County law enforcement official
responds to the alarm.
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Section 19. Duty
of Alarm System Business to Furnish Information.
(a) An alarm system business which installs alarm systems
within the unincorporated portions of Harris County and participates
in block permitting according to the policies of the Alarm
Detail, shall file a completed application on behalf of the
permit holder.
(b) An alarm system business which installs or which has
previously installed an alarm system within the unincorporated
portions of Harris County, and does not participate in block
permitting as set forth above in subsection (a), shall provide
the following information in a format acceptable to the Alarm
Detail:
(1) The name, address, and telephone number of the applicant
or permit holder where the alarm system is installed;
(2) The type of alarm system installed at the alarm site;
and
(3) Written confirmation that each alarm site and applicant
or permit holder has been notified of the requirement to
obtain an alarm permit as promulgated by these Rules.
(c) Upon request, an alarm system business shall divulge
to the Alarm Detail, upon written notice, any information
contained in the business records of the alarm system business
which the Alarm Detail deems necessary to administer and enforce
these Rules.
(d) For all alarm systems installed subsequent to the enactment
of these Rules, the information required under subsection
(b) hereof shall be provided to the Alarm Detail not earlier
than twenty (20) days prior to the date of installation of
such system nor later than forty-eight (48) hours after such
system is installed.
(e) Information provided to the Alarm Detail of the Sheriffs
Office pursuant to these Rules shall be treated as confidential
information and will not be disseminated except for legitimate
law enforcement purposes and the administration and enforcement
of these Rules, or as may be required under the law, including,
but not limited to, Tex. Rev. Civ. Stat. Ann. Art. 4413, (29bb).
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Section 20. Operation
of Central Station or Answering Service.
Any alarm system business which operates a central station
and any telephone answering service for purposes of monitoring
alarm systems shall:
(1) Have sufficient personnel trained in the procedures
to be followed in receiving and relaying notice of the activation
of any alarm system at all times to ensure that emergency
messages or alarm signals received by such business can
be relayed immediately to the Sheriffs Office.
Notification to the Sheriffs Office of the activation
of an alarm system shall include:
a. The street address of the alarm site, including the
particular suite or apartment number, if applicable, and
directions to the alarm site, including the closest intersection
of major streets;
b. The name of the permit holder and the permit number;
c. The type of alarm activated; and
d. The name and local telephone number of the persons
to notify, as authorized by the permit holder.
(2) Notify the permit holder or his designees of the activation
of the alarm system within twenty-four (24) hours of the
time the alarm was activated, not to include weekends and
holidays, by telephone or by placing written notice in the
mail, addressed to the permit holder. If there is no permit
holder, then notice shall be given to the person contracting
with the alarm system business.
(3) Keep a written record of the date and time each notification
of the activation of an alarm system was received and the
date, time, and method by which the permit holder, his designees,
or the person contracting with the alarm systems business
were notified.
Such records shall be retained for at least two (2) years
and shall be made available for inspection by the Sheriffs
Office when a request is made at the office of the alarm
system business or telephone answering service during regular
business hours.
(4) Test or cause to be tested all equipment used by the
central station or telephone answering service relating
to the receipt of notifications of the activation of any
alarm system and the equipment used in relaying those notifications
to the Sheriffs Office at least one time in every
twelve (12) month period and, where a test result is unsatisfactory,
correct or cause to be corrected within a reasonable period
of time not to exceed seven (7) days from the date of testing
the cause of the unsatisfactory test result.
(5) Produce evidence of the results of tests conducted
pursuant to subsection (d) above upon request of the Sheriffs
Office to inspect such evidence. The requirements of
this subsection shall be satisfied if such results are made
available at the central station or telephone answering
service on the next regular business day after request is
made.
(6) Not provide answering service for any alarm system
business which is not licensed by the State of Texas. A
violation under this subsection shall only be enforceable
according to state law and the remedies, policies and procedures
provided for therein.
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Section 21. Criminal
and Civil Penalties for Violations.
(a) A person who violates any provision of Chapter 237, Texas
Local Government Code, any provision of these Rules, or any
order of Harris County Commissioners Court pertaining
to these Rules commits a Class C misdemeanor and, upon conviction
thereof, may be punished by fine and imposition of any applicable
response fees and costs incident to such violation.
(b) Pursuant to Section 502.185 of the Texas Transportation
Code, vehicle registration of the permit holder may be refused
until all fines, fees, charges, costs and/or court judgments
entered by a court of competent jurisdiction are paid in full.
(c) Enforcement of these Rules is not limited to remedies
of Chapter 237, Texas Local Government Code or Section 502.185,
Texas Transportation Code.
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Section 22. Miscellaneous.
(a) Any notice required by these Rules to be sent by the
Sheriffs Office to the permit holder shall be considered
sufficient if mailed to the billing address as set forth in
the permit application or the most recent amendment thereto.
(b) The Sheriff may from time to time promulgate and institute
policies and procedures necessary to implement and enforce
these Rules.
(c) The Harris County Attorney shall represent Harris County,
the Sheriff, the Sheriffs Office and the Alarm Detail
in all hearings and proceedings conducted under these Rules,
and additionally shall collect unpaid fines, fees, charges,
costs assessed pursuant to these Rules, and/or court judgments
entered, including any additional costs the County may be
entitled to, by a court of competent jurisdiction owing to
Harris County.
(d) If any provision of these Rules is for any reason held
to be unconstitutional, void or invalid, the validity of the
remaining portions of these Rules will not be affected thereby;
it being intended that no portion hereof will become inoperative
or fail by any such reason.
(e) The enforcement of these Rules is not affected by Harris
County Constable patrol contracts.
(f) Words of any gender or numbers shall be construed to
include the other gender or number as necessary to give full
force and effect to these Rules.
(g) Harris County, the Commissioners Court, the Sheriff,
the Sheriffs employees or agents, and any other law
enforcement agency of Harris County are not liable for an
action arising out of the regulation of or failure to regulate
alarm systems or these Rules.
(h) The Sheriff or the Sheriffs representative shall
provide a copy of these Rules to each permit holder, and the
cost of the copy shall be included in the permit fee. A copy
of these Rules shall also be provided to a person upon request
for a fee to cover the costs of reproduction, overhead and
mailing in accordance with Chapter 552, Texas Government Code.
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Revised Rules Governing the Regulation
of Alarm Systems in Harris County, Texas
(PDF Format)
Click
this link to download the current Rules & Regulations
dated January, 2002 in PDF Format.
This
publication is in Adobe PDF format. Viewing this publication
requires Adobe Acrobat Reader. If you do not have Adobe Acrobat
Reader, click the link to download it.
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