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.