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.