Section 233.092 - Authority to Regulate; Adoption of Rules(a) The commissioners court of a county by order may authorize the sheriff of a county to:(1) propose rules to implement this subchapter;(2) regulate the incidence of and response to false alarms in accordance with the rules proposed by the sheriff and adopted or modified by the commissioners court under this subchapter;(3) establish procedures for application for and renewal and revocation of an alarm system permit;(4) establish procedures that include notice to the permit holder and an opportunity for a hearing for permit revocation or suspension if the permit holder violates this subchapter or an order of the commissioners court or a rule adopted under this subchapter;(5) establish fees in accordance with this subchapter for the issuance of the permits;(6) require that any permit issued under this subchapter be kept at the alarm site and produced for inspection on request of the sheriff or the sheriff's representative;(7) require that a permit must be issued and unrevoked before a sheriff or other law enforcement official may respond; and(8) establish a number of free false alarms for each category of alarm system and impose a service response fee for any alarm in excess of the number of free responses within the preceding 12-month period.(b) Repealed by Acts 2005, 79th Leg., Ch. 1296, Sec. 5, eff. June 18, 2005.(c) A penalty or fee imposed for a false alarm must be established by rule based on the type and level of emergency response provided. The fee for more than five false alarms shall not exceed $75 per false alarm above the number of free responses. If there are more than nine false alarms in a one-year period, the alarm system permit may be revoked.(d) Notwithstanding the other provisions of this section, the owner or lessee of premises on which an alarm system is installed may be charged the full costs incurred by the county when the owner or lessee or the agent or employee of the owner or lessee 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.(e) The sheriff or the sheriff's representative shall provide a copy of the rules to a person and assess a fee for the copy in accordance with Chapter 552, Government Code.Tex. Loc. Gov't. Code § 233.092
Amended By Acts 2005, 79th Leg., Ch. 1296, Sec. 5, eff. 6/18/2005.Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. 9/1/1995. Renumbered from Sec. 237.002 and amended by Acts 2001, 77th Leg., ch; 1420, Sec. 12.003(5), eff. 9/1/2001.Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. 9/1/1991.