By Lewis                                               H.B. No. 486
       74R2762 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to smoke-free dwellings in certain multiunit complexes.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 92, Property Code, is amended by adding
    1-5  Subchapter H to read as follows:
    1-6                  SUBCHAPTER H.  SMOKE-FREE DWELLINGS
    1-7        Sec. 92.351.  DEFINITIONS.  In this subchapter:
    1-8              (1)  "Landlord" means the owner or lessor of a
    1-9  multiunit complex or another person acting on the owner's or
   1-10  lessor's behalf, including a management company or managing agent.
   1-11              (2)  "Multiunit  complex"  means two or more dwellings
   1-12  in one or more buildings that:
   1-13                    (A)  are under common ownership;
   1-14                    (B)  are managed by the same owner, agent,  or
   1-15  management company; and
   1-16                    (C)  are located on the same lot or tract or
   1-17  adjacent lots or tracts of land.
   1-18        Sec. 92.352.  APPLICATION OF SUBCHAPTER.  (a)  This
   1-19  subchapter applies only to a multiunit complex with 50 or more
   1-20  dwellings for which construction was begun after August 31, 1995.
   1-21        (b)  This subchapter does not apply to:
   1-22              (1)  a hotel, motel, or inn or similar transient
   1-23  housing; or
   1-24              (2)  residential housing owned or operated by:
    2-1                    (A)  an institution of higher education
    2-2  accredited by an accrediting organization recognized by the Texas
    2-3  Higher Education Coordinating Board; or
    2-4                    (B)  a preparatory  school accredited  by  an
    2-5  accrediting agency recognized by the commissioner of education.
    2-6        Sec. 92.353.  SMOKE-FREE DWELLINGS.  (a)  At least 10 percent
    2-7  of the dwellings in a multiunit complex to which this subchapter
    2-8  applies must be smoke-free dwellings.  A person may not smoke a
    2-9  cigarette or another tobacco  product in a smoke-free dwelling.
   2-10        (b)  A tenant in a smoke-free dwelling must execute, as part
   2-11  of the lease agreement, an agreement that the tenant will not smoke
   2-12  a cigarette or another tobacco  product in the dwelling and will
   2-13  not permit another person to smoke in the dwelling.  Violation of
   2-14  the lease provision required by this subsection is a ground for
   2-15  eviction of the tenant.
   2-16        (c)  The landlord shall post, in a conspicuous place in each
   2-17  smoke-free dwelling, a notice stating that smoking is prohibited in
   2-18  the dwelling.
   2-19        SECTION 2.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and that this Act take effect and be in force from and after its
   2-25  passage, and it is so enacted.