By Van de Putte H.B. No. 530
Substitute the following for H.B. No. 530:
By Giddings C.S.H.B. No. 530
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the installation of smoke detectors with visual alarms
1-3 in leased dwellings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 92.251, Property code, is amended to read
1-6 as follows:
1-7 Sec. 92.251. DEFINITIONS <DEFINITION>. In this subchapter:
1-8 <,>
1-9 (1) "Dwelling <"dwelling> unit" means a home, mobile
1-10 home, duplex unit, apartment unit, condominium unit, or any
1-11 dwelling unit in a multiunit residential structure. It also means
1-12 a "dwelling" as defined by Section 92.001.
1-13 (2) "Hearing-impaired tenant" means a tenant with:
1-14 (A) a hearing impairment of such severity that
1-15 the tenant must depend on visual methods to communicate; or
1-16 (B) a hearing impairment that results in a loss
1-17 of hearing function to the tenant so that the tenant:
1-18 (i) relies on residual hearing; and
1-19 (ii) may depend on visual methods to
1-20 communicate.
1-21 (3) "Smoke detector" means a smoke detector that
1-22 satisfies the requirements of Section 92.254.
1-23 (4) "Visual alarm smoke detector" means a smoke
1-24 detector that satisfies the requirements of Section 92.2545.
2-1 SECTION 2. Section 92.252, Property Code, is amended to read
2-2 as follows:
2-3 Sec. 92.252. Application of Other Law; Municipal Regulation.
2-4 (a) The duties of a landlord and the remedies of a tenant under
2-5 this subchapter are in lieu of common law, other statutory law, and
2-6 local ordinances regarding a residential landlord's duty to
2-7 install, inspect, or repair a smoke detector or visual alarm smoke
2-8 detector in a dwelling unit. However, this subchapter does not:
2-9 (1) affect a local ordinance adopted before September
2-10 1, 1981, that requires landlords to install smoke detectors or
2-11 visual alarm smoke detectors in new or remodeled dwelling units
2-12 before September 1, 1981, if the ordinance conforms with or is
2-13 amended to conform with this subchapter;
2-14 (2) limit or prevent adoption or enforcement of a
2-15 local ordinance relating to fire safety as a part of a building,
2-16 fire, or housing code, including any requirements relating to the
2-17 installation of smoke detectors or visual alarm smoke detectors or
2-18 the type of smoke detectors or visual alarm smoke detectors; or
2-19 (3) otherwise limit or prevent the adoption of a local
2-20 ordinance that conforms to this subchapter but which contains
2-21 additional enforcement provisions, except as provided by Subsection
2-22 (b).
2-23 (b) If a smoke detector powered by battery has been
2-24 installed in a dwelling unit built before September 1, 1987, in
2-25 compliance with this subchapter and local ordinances, a local
2-26 ordinance may not require that a smoke detector powered by
2-27 alternating current be installed in the unit unless:
3-1 (1) the interior of the unit is repaired, remodeled,
3-2 or rebuilt at a projected cost of more than $2,500 and the repair,
3-3 remodeling, or rebuilding requires a municipal building permit;
3-4 (2) an addition occurs to the unit at a projected cost
3-5 of more than $2,500;
3-6 (3) a smoke detector powered by alternating current
3-7 was actually installed in the unit at any time prior to September
3-8 1, 1987; or
3-9 (4) a smoke detector powered by alternating current
3-10 was required by lawful city ordinance at the time of initial
3-11 construction of the unit.
3-12 SECTION 3. Subchapter F, Chapter 92, Property Code, is
3-13 amended by adding Section 92.2545 to read as follows:
3-14 Sec. 92.2545. VISUAL ALARM SMOKE DETECTOR. (a) A landlord
3-15 shall, within a reasonable time after receiving a request by a
3-16 hearing-impaired tenant, install one visual alarm smoke detector in
3-17 each separate bedroom that is occupied by a hearing-impaired tenant
3-18 or occupant in a dwelling unit. The visual alarm smoke detector
3-19 may be powered by battery or alternating current. The tenant shall
3-20 purchase and provide, at the tenant's expense, the visual alarm
3-21 smoke detector. At the landlord's option and with the prior
3-22 approval of the tenant, the landlord may purchase the visual alarm
3-23 smoke detector at the landlord's expense or may allow the tenant to
3-24 reimburse the landlord for the purchase of the detector. The
3-25 landlord shall pay the cost of installing the visual alarm smoke
3-26 detector. The hearing-impaired tenant may require the landlord to
3-27 install additional visual alarm smoke detectors if the tenant pays
4-1 for both the purchase price of the visual alarm smoke detectors and
4-2 reasonable installation costs.
4-3 (b) A visual alarm smoke detector must meet the requirements
4-4 of Sections 92.254(a)(1), (3), (4), and (5).
4-5 (c) In a civil action that arises from personal injury,
4-6 death, or property damage sustained by a hearing-impaired tenant or
4-7 occupant as a result of fire and that alleges the landlord failed
4-8 to provide adequate fire safety measures, it is an affirmative
4-9 defense that the landlord installed a visual alarm smoke detector
4-10 in accordance with Section 92.257 before the fire.
4-11 (d) When permanently vacating a dwelling, a hearing-impaired
4-12 tenant may require the landlord, at the landlord's expense, to
4-13 disconnect and remove a visual alarm smoke detector that was paid
4-14 for by the tenant; and the tenant shall be entitled to possession
4-15 and ownership of the visual alarm smoke detector at that time.
4-16 (e) For purposes of this section, a hearing-impaired person
4-17 shall be considered as occupying only one bedroom; and a bedroom
4-18 shall mean a room designed for sleeping purposes.
4-19 SECTION 4. Section 92.254, Property Code, is amended to read
4-20 as follows:
4-21 Sec. 92.257. Installation Procedure. (a) Subject to
4-22 Subsections (b), <and> (c), and (d), a smoke detector or visual
4-23 alarm smoke detector must be installed according to the
4-24 manufacturer's recommended procedures.
4-25 (b) A smoke detector or visual alarm smoke detector must be
4-26 installed on a ceiling or wall. If on a ceiling, it must be no
4-27 closer than <six> four inches to a wall. If on a wall, it must be
5-1 no closer than <six> four inches and no farther than 12 inches from
5-2 the ceiling.
5-3 (c) A smoke detector or visual alarm smoke detector may be
5-4 located other than as required by Subsection (b) if a local
5-5 ordinance or a local or state fire marshal approves.
5-6 (d) A landlord shall not be required to pay for the purchase
5-7 price or the installation costs of visual alarm smoke detectors in
5-8 addition to one visual alarm smoke detector in each bedroom
5-9 occupied by a tenant or occupant who is hearing-impaired. A
5-10 landlord shall not be required to install a visual alarm smoke
5-11 detector for guests of a tenant.
5-12 SECTION 5. Add a new Section 92.2581, to read as follows:
5-13 Section 92.2581. VISUAL ALARM SMOKE DETECTOR INSPECTION AND
5-14 REPAIR. (a) The landlord shall inspect and repair a visual alarm
5-15 smoke detector according to this section.
5-16 (b) The landlord shall determine that the visual alarm smoke
5-17 detector is in good working order at the time of installation, or
5-18 at the beginning of the tenant's possession if the detector was
5-19 installed prior to that time. The determination of good working
5-20 order shall be by testing the visual alarm smoke detector with
5-21 smoke, by operating the testing button on the smoke detector, or by
5-22 following other recommended test procedures of the manufacturer for
5-23 the particular model.
5-24 (c) During the term of a lease or during a renewal or
5-25 extension, the landlord has a duty to inspect and repair a visual
5-26 alarm smoke detector, but only if the tenant gives the landlord
5-27 notice of a malfunction or requests to the landlord that the visual
6-1 alarm smoke detector be inspected or repaired. This duty does not
6-2 exist with respect to damage or a malfunction caused by the tenant,
6-3 the tenant's family, or the tenant's guests or invitees during the
6-4 term of the lease or a renewal or extension, except that the
6-5 landlord has a duty to repair or replace the visual alarm smoke
6-6 detector if the tenant pays in advance the reasonable repair or
6-7 replacement cost, including labor, materials, taxes, and overhead.
6-8 (d) The landlord must comply with the tenant's request for
6-9 inspection or repair within a reasonable time, considering the
6-10 availability of material, labor, and utilities.
6-11 (e) The landlord has met the duty to inspect and repair if
6-12 the visual alarm smoke detector is in good working order after the
6-13 landlord tests it with smoke, operates the testing button on it, or
6-14 follows other recommended test procedures of the manufacturer for
6-15 the particular model.
6-16 (f) The landlord is not obligated to provide batteries for a
6-17 battery-operated visual alarm smoke detector after it has been
6-18 tested by the landlord as required by Subsection (b).
6-19 (g) A visual alarm smoke detector that is in good working
6-20 order at the time it must be tested under Subsection (b) is
6-21 presumed to be in good working order until the tenant requests
6-22 repair of it as provided by this subchapter.
6-23 SECTION 6. Section 92.259(a), Property Code, is amended to
6-24 read as follows:
6-25 (a) A landlord is liable according to this subchapter if:
6-26 (1) the landlord did not install a smoke detector at
6-27 the time of initial occupancy by the tenant as required by this
7-1 subchapter or a municipal ordinance permitted by this subchapter;
7-2 or the landlord did not install a visual alarm smoke detector at
7-3 the time of initial occupancy by the tenant or within a reasonable
7-4 time after receiving a request from the tenant for installation of
7-5 a visual alarm smoke detector, as required by this subchapter or a
7-6 municipal ordinance permitted by this subchapter; or <after the
7-7 tenant requested the landlord to install, inspect, or repair a
7-8 smoke detector in the tenant's dwelling unit as required by this
7-9 subchapter, the landlord did not install the smoke detector or
7-10 inspect or repair the smoke detector within a reasonable time after
7-11 the tenant's notice of malfunction or request for repair,
7-12 considering the availability of materials, labor, and utilities;
7-13 and>
7-14 (2) the landlord does not install, inspect, or repair
7-15 the smoke detector or visual alarm smoke detector on or before the
7-16 seventh day after the date the tenant gives the landlord written
7-17 notice that the tenant may exercise his remedies under this
7-18 subchapter if the landlord does not comply with the request within
7-19 seven days.
7-20 (b) If the tenant gives notice under Subsection (a)(2) and
7-21 the tenant's lease is in writing, the lease may require the tenant
7-22 to make the initial request for installation, inspection, or repair
7-23 in writing.
7-24 SECTION 7. The legislature recognizes the danger of fire to
7-25 the life of an individual with a hearing impairment and to the
7-26 property of a landlord who leases property to a tenant with a
7-27 hearing impairment. In enacting this Act, the legislature does not
8-1 intend to impose any duty on a landlord to meet special needs of a
8-2 tenant with a disability or impairment, other than the specific
8-3 duties with respect to the installation of a visual alarm smoke
8-4 detector imposed by Subchapter F, Chapter 92, Property Code, as
8-5 amended by this Act.
8-6 SECTION 8. (a) This Act takes effect September 1, 1995.
8-7 (b) Section 92.2545, Property Code, as added by this Act,
8-8 applies only to a civil action that accrues on or after the
8-9 effective date of this Act. A civil action that accrued on or
8-10 after the effective date of this Act is governed by the law
8-11 applicable to the action immediately before the effective date of
8-12 this Act, and that law is continued in effect for that purposes.
8-13 SECTION 9. The importance of this legislation and the
8-14 crowded condition of the calendars in both houses create an
8-15 emergency and an imperative public necessity that the
8-16 constitutional rule requiring bills to be read on three several
8-17 days in each house be suspended, and this rule is hereby suspended.