BILL ANALYSIS
H.B. 1637
By: Brady (Shapiro)
Economic Development
5-22-95
Senate Committee Report (Unamended)
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 the landlord failed to respond
to the request within a "reasonable time." The tenant's liability
is unclear.
PURPOSE
As proposed, H.B. 1637 expands the duties of a landlord regarding
smoke detectors in leased residential premises.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 92.258, Property Code, by amending
Subsections (b) and (e), and adding Subsection (g), as follows:
(b) Requires a landlord to determine that a smoke detector is
in good working order at the beginning of the tenant's
possession by testing the smoke detector with smoke, by
operating the testing button on the smoke detector, or by
following other test procedures. Deletes Subdivisions (1) and
(2).
(e) Makes conforming changes.
(g) Provides that a smoke detector that is in good working
order at the beginning of a tenant's possession is presumed to
be in good working order until the tenant requests repair of
the smoke detector.
SECTION 2. Amends Section 92.259, Property Code, to provide that
a landlord is liable if the landlord did not install the smoke
detector at the time of initial occupancy by the tenant as required
by this subchapter or a municipal ordinance permitted by this
subchapter, or if the landlord does not comply with a tenant's
written request for installation, inspection, or repair of the
smoke detector. Authorizes the lease, if the tenant gives notice
under Subsection (a)(2) to require the tenant to make the initial
request for installation, inspection, or repair in writing.
SECTION 3. Amends Section 92.260, Property Code, to authorize a
tenant of a liable landlord to exercise a court order directing the
landlord to comply with the tenant's request if the tenant is in
possession of the dwelling unit; a judgment against the landlord
for damages suffered by the tenant due to the landlord's violation;
a judgment against the landlord for a civil penalty of one month's
rent plus $100 if the landlord violates Section 92.259(a)(2); a
judgment against the landlord for court costs, rather than attorney
fees; a judgment against the landlord for attorney's fees in an
action under Subdivision (1) or (3); or unilateral termination of
the lease without a court proceeding if the landlord violates
Section 92.259(a)(2).
SECTION 4. Amends Chapter 92F, Property Code, by adding Section
92.2611, as follows:
Sec. 92.2611. TENANT'S DISABLING OF A SMOKE DETECTOR. (a)
Makes a tenant liable according to this subchapter 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, causing
it to malfunction.
(b) Authorizes a landlord of a tenant who is liable under
Subsection (a), except as provided by Subsection (c), to
obtain a judgment against the tenant for damages suffered by
the landlord because the tenant removed a battery from a
smoke detector without immediately replacing it with a
working battery or knowingly disconnected or intentionally
damaged the smoke detector, causing it to malfunction.
(c) 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 the tenant requests it to be repaired,
considering the availability of material, labor, and
utilities.
(d) Authorizes a landlord of a tenant who is liable under
Subsection (a) to obtain or exercise one or more of the
remedies provided be Subsection (e) if;
(1) a lease between the landlord and tenant contains a
notice that is underlined or in boldfaced print which
states in substance that the tenant is prohibited from
disconnecting or intentionally damaging a smoke detector
or removing the battery without immediately replacing it
with a working battery and that the tenant may be subject
to damages, civil penalties, and attorney's fees under
Section 92.2611, Property Code, for not complying with the
notice; and
(2) the landlord has given notice to the tenant that the
landlord intends to exercise the landlord's remedies under
this subchapter if the tenant does not reconnect, repair,
or replace the smoke detector or replace the removed
battery within seven days after being notified by the
landlord.
Requires the notice in Subdivision (2) to be in a separate
document furnished to the tenant after the landlord has
discovered that the tenant had disconnected or damaged the
smoke detector, or removed a battery from it.
(e) Requires the landlord, if a tenant is liable under
Subsection (a) and the tenant does not comply with the
landlord's notice under Subsection (d), to have a court
order directing the tenant to comply with the landlord's
notice; a judgment against the tenant for a civil penalty of
one month's rent plus $100; a judgment against the tenant
for court costs; or a judgment against the tenant for
reasonable attorney's fees.
(f) Authorizes 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 this subchapter,
to recover a judgment against the landlord for damage.
Authorizes a tenant's guest or invitee who suffers damage
because the tenant removed a battery without immediately
replacing it with a working battery or because the tenant
knowingly disconnected or intentionally damaged the smoke
detector, causing it to malfunction, to recover a judgment
against the tenant for the damage.
SECTION 5. Effective date: September 1, 1995.
Makes application of this Act prospective.
SECTION 6. Emergency clause.