BILL ANALYSIS



C.S.H.B. 530
By: Van de Putte
3-28-95
Committee Report (Substituted)


BACKGROUND

Texas Law requires that, for the safety of the tenants of an
apartment complex, a smoke alarm will be installed at the expense
of the apartment complex owner.  It is important that all citizens
in such complexes be protected, therefore those tenants who are
hearing impaired have a right to the same protection as the hearing
tenants.

PURPOSE

To eliminate the discrimination against hearing impaired tenants in
apartment complexes which requires such tenants to either provide
their own fire protection or to do with no protection at all.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. DEFINITIONS.  Amends Sec. 92.251 of the Property Code by
adding the following definitions of "dwelling" as a rental unit
including apartment complexes, as well as the previous definition
in Sec. 92.001.  Also defined are "hearing-impaired tenant", "smoke
detector" and "visual alarm smoke detector."

SECTION 2. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION.  Sec.
92.252(a) of the Property Code.

     (a) Specifies the furnishing of visual smoke detectors in a
     dwelling unit without affecting common law, other statutory
     laws, and local ordinance safety.

SECTION 3. VISUAL ALARM SMOKE DETECTOR.  Amends Subchapter F,
Chapter 92, of the Property Code by adding Sec. 92.2545 

     (a) Requires a landlord to install, at the request of a
     hearing impaired tenant, that at least one visual smoke alarm
     be installed in each bedroom of each hearing impaired person.
     This section requires the hard-wiring of the alarm to a smoke
     detector installed in accordance with Section 92.256.

     (b) Requires the visual smoke alarm to meet the following
     requirements; Sec. 92.254 (a)(1), (3), (4), and (5), a
     strobe light with a 177 candela intensity, operate on a
     120-volt alternating current, and otherwise be the
     equivalent or superior of the BRK model 100s, and hard-wired to a BRK model 4914, as produced by the BRK
     Electronics Company.

     (c) Allows the installation of the visual smoke alarm to
     be used as an affirmative defense in a civil action
     arising from the personal injury, death or property
     damage of a hearing impaired tenant as a result of fire
     alleging that the landlord failed to provide adequate
     fire safety measures if the installation is in the
     bedroom of the hearing impaired tenant and that proper
     inspection and maintenance are followed.

SECTION 4. INSTALLATION PROCEDURE. Sec. 92.257 of the Property Code
is amended to add visual smoke alarms to the installation
procedures previously enumerated for smoke detectors.

SECTION 5. Adds new section; Sec. 92.2581(a),(b),(c),(d),(e),(f),
and (g), by adding visual smoke alarms to the inspection and
maintenance procedures previously enumerated for smoke detectors.

SECTION 6. Amends Sec. 92.259(a) of the Property Code by adding
visual smoke alarms to the liability of a landlord after the
requested visual smoke alarms as previously enumerated for smoke
detectors.

SECTION 7. States the legislature does not intend to impose any
duty on a landlord to meet special needs of a tenant with a
disability or impairment, other than the specific duties with
respect to the installation of a visual alarm smoke detector
imposed by Subchapter F, Chapter 92, Property Code, as amended by
this Act.

SECTION 8. EFFECTIVE DATE:  September 1, 1995.

SECTION 9. EMERGENCY CLAUSE.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Adds definition of "hearing-impaired tenant" which is the same as
the definition which is recognized by the Texas Commission on the
Deaf and Hearing-Impaired.

Clarifies that the landlord must install one visual alarm smoke
detector in each bedroom occupied by a hearing-impaired tenant or
occupant, within a reasonable time after receiving a request.

States that the smoke detector may be either battery operated or
run on alternating current.

Removes the requirement for a certain standard of visual alarm
smoke detector.

Requires the tenant to purchase and provide the visual alarm smoke
detector at the tenant's expense.

Allows the landlord, at their option and with the prior approval of
the tenant, to purchase the visual alarm smoke detector at the
landlord's expense or allow the tenant to reimburse the landlord
for the cost of the detector.

Requires the landlord to pay the cost of installing the visual
alarm smoke detector.

Allows the tenant to require the landlord to install additional
visual alarm smoke detectors if the tenant pays for the purchase of
the detector and reasonable installation costs.

Adds a requirement that upon vacating the dwelling, a hearing-impaired tenant may require the landlord to disconnect and remove
the visual alarm smoke detector purchased by the tenant and allow
the tenant to take the detector with them.  The cost of
disconnecting and removing the detector will be paid for by the
landlord.

States that for the purposes of the bill, a hearing impaired person
is considered to occupy only one bedroom.

Adds a subsection which states that a landlord is not required to
pay the purchase price or installation costs of visual alarm smoke
detectors in addition to the one visual smoke alarm in each bedroom
occupied by a hearing-impaired tenant or occupant.

States that the landlord is not required to install a visual alarm
smoke detector for guests of a tenant.

Adds a section regarding the landlord's duty to inspect and repair
a visual alarm smoke detector.

Makes a landlord liable if they did not install a visual alarm
smoke detector at the initial occupancy by the tenant or within a
reasonable time after receiving a request from the tenant to
install a visual alarm smoke detector.

SUMMARY OF COMMITTEE ACTION

H.B. 530 was considered by the Business and Industry Committee in
a public hearing on March 14, 1995.  The committee considered 1
(one) amendment to the bill.  Amendment #1 was adopted without
objection.  The following persons testified for H.B. 530:  Fran
Herrington-Borre, representing Symposium on Deaf and Hard of
Hearing Texans; Martha Tomerlin, representing herself; Beth Fisher,
representing herself; Tim Rarus, representing Texas Symposium for
Deaf and Hard of Hearing.  The following persons testified against
H.B. 530:  David Guin, representing Texas Apartment Association;
Larry Niemann, representing Texas Apartment Association.  The bill
was referred to subcommittee on smoke detectors; a subcommittee
consisting of Representatives Giddings-chair, Brady, Corte, Janek,
Solomons.  H.B. 530, as amended, was considered by the subcommittee
in a formal meeting on March 28, 1995.  The subcommittee considered
a complete committee substitute for H.B. 530.  The substitute was
adopted without objection.  H.B. 530, as substituted, was reported
favorably to the full committee by a record vote of 3 (three) ayes,
0 (zero) nays, 1 (one) present-not-voting, 1 (one) absent. 
Pursuant to suspension of the 48-hour rule, C.S.H.B. 530 was
considered on subcommittee report by the committee in a public
hearing on March 28, 1995.  The bill was reported favorably, as
substituted, with the recommendation that it do pass and be
printed, by a record vote of 8 (eight) ayes, 0 (zero) nays, 1 (one)
present-not-voting, 0 (zero) absent.