Bill Text: TX HB3371 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the regulation of certain battery-charged fences by municipalities and counties.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3371 Detail]

Download: Texas-2019-HB3371-Enrolled.html

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H.B. No. 3371

AN ACT
relating to the regulation of certain battery-charged fences by
municipalities and counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 250, Local Government Code, is amended
by adding Section 250.009 to read as follows:
Sec. 250.009. BATTERY-CHARGED FENCES. (a) In this
section, "alarm system" means an alarm system for which a permit may
be issued under Subchapter F or F-1, Chapter 214, or Subchapter D,
Chapter 233.
(b) This section applies only to a battery-charged fence
that:
(1) interfaces with an alarm system in a manner that
enables the fence to cause the connected alarm system to transmit a
signal intended to summon law enforcement in response to a
burglary;
(2) is located on property that is not designated by a
municipality or county for residential use;
(3) has an energizer that is driven by a commercial
storage battery that is not more than 12 volts of direct current;
(4) produces an electric charge on contact that does
not exceed energizer characteristics set for electric fence
energizers by the International Electrotechnical Commission as
published in the commission's standards on June 29, 2018;
(5) is completely surrounded by a nonelectric
perimeter fence or wall that is not less than five feet in height;
(6) is not more than the higher of:
(A) 10 feet in height; or
(B) two feet higher than the height of the
nonelectric perimeter fence or wall; and
(7) is marked with conspicuous warning signs that are
located on the battery-charged fence at not less than 60-foot
intervals and that read: "WARNING--ELECTRIC FENCE."
(c) Notwithstanding any other law, a municipality or county
may not adopt or enforce an ordinance, order, or regulation that:
(1) requires a permit for the installation or use of a
battery-charged fence to which this section applies that is in
addition to an alarm system permit issued by the municipality or
county;
(2) imposes installation or operational requirements
for:
(A) the battery-charged fence that are
inconsistent with the standards set by the International
Electrotechnical Commission as published on June 29, 2018; or
(B) an alarm system described by Subsection (b);
or
(3) prohibits the installation or use of a
battery-charged fence.
SECTION 2. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3371 was passed by the House on April
18, 2019, by the following vote: Yeas 146, Nays 1, 2 present, not
voting;
that the House concurred in Senate amendments to H.B. No.
3371 on May 24, 2019, by the following vote: Yeas 132, Nays 7, 2
present, not voting; and that the House adopted H.C.R. No. 186
authorizing certain corrections in H.B. No. 3371 on May 25, 2019, by
the following vote: Yeas 146, Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3371 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 30, Nays
1; and that the Senate adopted H.C.R. No. 186 authorizing certain
corrections in H.B. No. 3371 on May 26, 2019, by the following vote:
Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor