Information regarding
House Bill 2243, 79th Regular Legislative Session
Please be advised that the
Department intends to enforce the provisions of House Bill 2243 in accordance
with the statement of intent entered by the author of the bill into the House
Journal, which states as follows:
“The above legislation was not intended to apply to
tow companies or other businesses who perform lockout service using a slim-jim or similar tool to open a vehicle upon the request of
the owner or operator of the vehicle, but who do not perform locksmith service.
The definition of locksmith service (“sells, installs, services, or maintains
mechanical security devices, including deadbolts and locks”) does not include
lockout service where the vehicle is simply opened. Clearly,
in this situation, the lock (or “mechanical security device”) is being neither
sold, installed, serviced nor maintained.
The above legislation was also not intended to apply
to automobile clubs or other businesses who advertise that their services
include locksmith services, but who provide the services through independent
contractors or on a reimbursement basis. The phrase “advertises services
offered by the company using the term ‘locksmith’” does not include the
advertising of services that are offered by the company using the term “locksmith”
when those services are not performed by the company, but by a licensed
locksmith company.”
Therefore, registration and/or
licensing under the Private Security Act is unnecessary for tow companies
who provide lockout service where the vehicle is simply opened, and for automobile
clubs who advertise locksmith services which are performed by an independent
licensed locksmith company.