The April 20, 2012, edition of the Legislative Update reported on Texas Department of Public Safety (DPS) proposed rules that would tighten regulations on door-to-door security alarm salespersons.  The proposed rules seemed to indicate that an alarm company selling its services through door-to-door solicitation would be subject to a city ordinance regulating door-to-door solicitations.   

Apparently, DPS has heard from alarm companies that do not believe cities can enforce local peddler ordinances against the companies.  Many cities have heard the same thing directly from alarm companies.  Some cities have chosen to enforce their regulations, while others have not. 

According to DPS staff, the Public Safety Commission (the board that oversees DPS) is considering striking the portion of the rule that relates to compliance with city ordinances.  That change should not affect cities that currently enforce their peddler ordinances against alarm companies.  Rather, it may simply be an effort by alarm companies to “muddy the water” relating to the issue. 

The proposed rules from the April 6, 2012, Texas Register are available at http://www.sos.state.tx.us/.  The comment period has passed, but the Public Safety Commission will consider the rule at its July 20, 2012, meeting.

TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League.

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