BILL ANALYSIS



C.S.H.B. 1637
By: Brady
3-28-95
Committee Report (Substituted)


BACKGROUND

Current law requires landlords to install smoke detectors in rental
units either prior to or during occupancy.  However, if a unit does
not have a detector, it is the tenant's responsibility to submit a
written request for a detector to the landlord.  In the event of a
fire, the landlord is liable only if he failed to respond to the
request within a "reasonable time".  The tenant's liability is
unclear in cases in which the smoke detector is not working because
the tenant disabled the smoke detector.

PURPOSE

This bill would clarify the landlord s duty to install smoke
detectors and test it to ensure that it is in working condition
prior to occupancy, make a tenant liable for disabling a smoke
detector and define remedies available to both the landlord and
tenant.

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.  Amends (b) and (e), and adds (g), to Section 92.258,
Property Code.

(b)  Requires the landlord to make sure that the smoke detector is
in working order by testing with smoke, operating the test button,
or following other test procedures recommended by the manufacturer,
when a tenant moves into a dwelling.

(e)  States that the landlord has fulfilled his duty to ensure that
the smoke detector is in working order if he tests it with smoke,
pushes the test button, or follows other test procedures
recommended by the manufacturer.

(g)  Establishes that a smoke detector that is working at the
beginning of the tenant's occupancy is presumed to be working
unless the tenant requests its repair.

SECTION 2.  Amends Section 92.259, Property Code, by providing that
a landlord is liable for damages if a smoke detector is not
installed at the beginning of the tenant's occupancy.  Stipulates
that a tenant who gives notice to seek a civil penalty or
unilaterally terminate a lease because the owner has failed to
install, inspect or repair the smoke detector, may be required to
submit written notice to the owner if the lease is in writing.

SECTION 3.  Amends Section 92.260, Property Code, regarding the
remedies a resident may exercise to require that the resident must
be in possession of the dwelling unit to obtain a court order
directing the owner to comply; clarifying that the tenant may seek
a civil penalty or unilaterally terminate a lease if the landlord
fails to respond to a written notice to install, inspect or repair
a smoke detector and allows the tenant to seek attorney s fees in
cases where the tenant obtains an order for compliance or a civil
penalty against an owner.

SECTION 4.  Adds Section 92.2611 to Subchapter F, Chapter 92,
Property Code.

(a)  Makes the tenant liable if the tenant removes a battery from
a smoke detector without immediately replacing it with a working
battery or knowingly disconnects or intentionally damages a smoke
detector.

(b) Allows a landlord to obtain a judgment for damages against a
tenant who violates subsection (a), except as provided by
subsection (c).

(c)  States that the tenant is not liable if the landlord failed to
repair the smoke detector within a reasonable time of the tenant's
notice for repairs.

(d)  States what the landlord of the tenant must include in the
notice of a smoke detector.

(e)  If the tenant is liable under Subsection (a) and has not
complied with the landlord s notice in Subsection (d), the landlord
may obtain the following remedies:

     (1)   a court order directing the tenant to comply with the
           landlord's request;
     (2)   a judgment against the tenant for one month's rent plus
           $100;
     (3)   a judgment against the tenant for court costs; and
     (4)   a judgment against the tenant for reasonable attorney's
           fees. 

SECTION 5.  Effective date:  September 1, 1995.

SECTION 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Requires the notice which must be contained in the lease if the
landlord wishes to pursue civil remedies against a resident, must
be underlined or in boldfaced print.  The lease provision must
state that a resident who disables a smoke detector may be subject
to damages, civil penalties and attorney's fees.

Codifies the common law standard that it is not necessary for the
landlord to give notice for a resident who disables a smoke
detector to be liable for damages.

Provides that a tenant is not liable for damages suffered by the
landlord, if the damage is caused by the landlord's failure to
repair the smoke detector within a reasonable time after receiving
notice from the resident.

Requires that, in addition to the lease provision, a tenant must
receive notice from the landlord and have a seven day opportunity
to reconnect, repair, or replace a smoke detector before the
landlord can seek civil remedies against the resident.

Provides that a tenant's guest or invitee who suffers damage
because of a landlord's failure to install, inspect, or repair a
smoke detector as required by the statute, may recover damages.  If
the guest or invitee suffers damages because the tenant disabled
the smoke detector, they may recover damages against the tenant.

SUMMARY OF COMMITTEE ACTION

H.B. 1637 was considered by the committee in a public hearing on
March 14, 1995.  The committee considered a complete committee
substitute for the bill.  The substitute was adopted without
objection.  The following persons testified for C.S.H.B. 1637: 
Pamela Brown, representing Texas Legal Services Center; David
Mintz, 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. 
C.S.H.B. 1637 was considered by the subcommittee in a formal
meeting on March 28, 1995.  The subcommittee considered  1 (one)
amendment to the substitute.  Amendment #1 was adopted without
objection.  The Chair directed the staff to incorporate the
amendment into the substitute.  C.S.H.B. 1637 was reported
favorably to the full committee by a record vote of 4 (four) ayes,
0 (zero) nays, 0 (zero) present-not-voting, 1 (one) absent. 
Pursuant to suspension of the 48-hour rule, C.S.H.B. 1637 was
considered on subcommittee report by the committee in a public
hearing on March 28, 1995.  C.S.H.B. 1637 was reported favorably,
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.  The vote by which C.S.H.B. 1637 was reconsidered
without objection.  C.S.H.B. 1637 was reported favorably, with the
recommendation that it do pass and be printed, by a record vote of
9 (nine) ayes, 0 (zero) 
nays, 0 (zero) present-not-voting, 0 (zero) absent.