Rep. Calanni presents the amendment to continue regulation of salespeople.
The DPS Sunset Bill, SB 616 by Sen. Brian Birdwell (R – Granbury) and Rep. Chris Paddie (R – Marshall), has passed the House on third reading by a vote of 142-0.
Before the bill was passed, the amendment to continue regulating salespeople was tabled in a close vote of 74-68. Rep. Calanni made a valiant effort and there was a spirited debate that went on for some time. Rep. Clardy really stepped up with support from the back microphone as did a few other Republicans and Democrats we had contacted. Support came from Representatives Toth, Tinderholt, Biedermann and Goodwin.
Prior tot he vote TBFAA distributed the following to each representative to support the amendment
SUPPORT
Rep. Calanni Amendment to S.B. 616 by Birdwell/Paddie, TxDPS Sunset Bill
Retain Existing Oversight of Door-to-Door Private Security Alarm Salespersons
- Private security alarm salespeople who visit the home or business gain access to the design of systems and to information on vulnerabilities of citizens.
- Continuing the current practice of checking the backgrounds of these salespeople provides Texans with protection against criminals gaining access to their private information.
- Proof of licensing supports proof of financial responsibility, liability, and civil culpability.
- Background checks by private industry are not as extensive as government checks. They only check public records available online, are limited to where the applicant claims to have lived, and may not include older relevant convictions. Name checks are also not as reliable as checks initiated by fingerprints.
- Complaints to the Better Business Bureau in 2018 about burglar alarm systems ranked 25th out of over 5000 types of businesses.
- The Texas Department of Public Safety (the current licensing authority for these salespeople) is a participant in the FBI Next Generation Identification system, a database of individuals, their known alias, their former residence, affiliations, and multiple forms of recorded biometrics. This FBI database specifically monitors people in a “position of trust” and alerts the TxDPS of any crimes nationwide connected to those people. Texas citizens will lose these protections if TxDPS’ oversight and background check authority over security salespeople is abolished.
- Continuing to license private security salespersons will continue valuable restrictions on door to door sales that help protect consumers from abusive practices.
On April 16th the bill passed the Senate. Efforts in the Senate and House committees to continue to regulate salespeople also fell short.
The bill now goes tot he Governor.
It is likely that it will be signed as is and that Sales people will be de-regulated when the bill goes into effect later this year.