By Gray H.B. No. 293
74R1843 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duty of a landlord to provide smoke detectors in
1-3 leased residential premises.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 92.258(b) and (e), Property Code, are
1-6 amended to read as follows:
1-7 (b) The landlord shall determine that the smoke detector is
1-8 in good working order at the beginning of the tenant's possession
1-9 by testing the smoke detector with smoke, by operating the testing
1-10 button on the smoke detector, or by following other <the>
1-11 recommended test procedures of the manufacturer for the particular
1-12 model<:>
1-13 <(1) at the beginning of a tenant's possession if the
1-14 dwelling unit contains a smoke detector; or>
1-15 <(2) at the time of installation if the landlord
1-16 installs the smoke detector in the dwelling unit after the tenant
1-17 has taken possession>.
1-18 (e) The landlord has met the duty to inspect and repair if
1-19 the smoke detector is in good working order after the landlord
1-20 tests the smoke detector with smoke, operates the testing button on
1-21 the smoke detector, or follows other <the> recommended test
1-22 procedures of the manufacturer for the particular model.
1-23 SECTION 2. Section 92.259, Property Code, is amended by
1-24 amending Subsection (b) and adding Subsections (c) and (d) to read
2-1 as follows:
2-2 (b) Except as provided by Subsection (c), a written <If the
2-3 tenant's lease is in writing, the> lease may require the tenant to
2-4 make the initial request for installation, inspection, or repair in
2-5 writing.
2-6 (c) This section does not require that a tenant have
2-7 requested installation of a smoke detector as a condition of
2-8 recovery of property damages or damages due to death or personal
2-9 injury caused by the landlord's failure to install a smoke detector
2-10 at or before the beginning of the tenant's possession as required
2-11 by this subchapter.
2-12 (d) A smoke detector that is in good working order at the
2-13 beginning of a tenant's possession is presumed to be in good
2-14 working order until the tenant requests repair of the smoke
2-15 detector as provided by this subchapter.
2-16 SECTION 3. Section 92.260, Property Code, is amended to read
2-17 as follows:
2-18 Sec. 92.260. Tenant Remedies. A tenant of a landlord who is
2-19 liable under Section 92.259 may obtain or exercise one or more of
2-20 the following remedies:
2-21 (1) a court order directing the landlord to comply
2-22 with the tenant's request if the tenant is in possession of the
2-23 dwelling unit;
2-24 (2) a judgment against the landlord for damages
2-25 suffered by the tenant because of the landlord's violation;
2-26 (3) a judgment against the landlord for a civil
2-27 penalty of one month's rent plus $500 <$100>;
3-1 (4) a judgment against the landlord for court costs
3-2 <and attorney's fees>; <and>
3-3 (5) a judgment against the landlord for attorney's
3-4 fees in an action under Subdivision (1), (2), or (3), other than an
3-5 action for damages caused by death or personal injury; and
3-6 (6) unilateral termination of the lease without a
3-7 court proceeding.
3-8 SECTION 4. The changes in law made by this Act apply only to
3-9 a cause of action under Section 92.260, Property Code, that accrues
3-10 on or after the effective date of this Act. A cause of action
3-11 under that section that accrued before that date is governed by the
3-12 law as it existed at the time the cause of action accrued, and that
3-13 law is continued in effect for that purpose.
3-14 SECTION 5. This Act takes effect September 1, 1995.
3-15 SECTION 6. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.