By Van de Putte H.B. No. 530
74R3060 DLF-D
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
1-8 subchapter:<,>
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) "Smoke detector" means a smoke detector that
1-14 satisfies the requirements of Section 92.254.
1-15 (3) "Visual alarm smoke detector" means a smoke
1-16 detector that satisfies the requirements of Section 92.2545.
1-17 SECTION 2. Section 92.252, Property Code, is amended to read
1-18 as follows:
1-19 Sec. 92.252. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION.
1-20 (a) The duties of a landlord and the remedies of a tenant under
1-21 this subchapter are in lieu of common law, other statutory law, and
1-22 local ordinances regarding a residential landlord's duty to
1-23 install, inspect, or repair a smoke detector or visual alarm smoke
1-24 detector in a dwelling unit. However, this subchapter does not:
2-1 (1) affect a local ordinance adopted before September
2-2 1, 1981, that requires landlords to install smoke detectors or
2-3 visual alarm smoke detectors in new or remodeled dwelling units
2-4 before September 1, 1981, if the ordinance conforms with or is
2-5 amended to conform with this subchapter;
2-6 (2) limit or prevent adoption or enforcement of a
2-7 local ordinance relating to fire safety as a part of a building,
2-8 fire, or housing code, including any requirements relating to the
2-9 installation of smoke detectors or visual alarm smoke detectors or
2-10 the type of smoke detectors or visual alarm smoke detectors; or
2-11 (3) otherwise limit or prevent the adoption of a local
2-12 ordinance that conforms to this subchapter but which contains
2-13 additional enforcement provisions, except as provided by Subsection
2-14 (b).
2-15 (b) If a smoke detector powered by battery has been
2-16 installed in a dwelling unit built before September 1, 1987, in
2-17 compliance with this subchapter and local ordinances, a local
2-18 ordinance may not require that a smoke detector powered by
2-19 alternating current be installed in the unit unless:
2-20 (1) the interior of the unit is repaired, remodeled,
2-21 or rebuilt at a projected cost of more than $2,500 and the repair,
2-22 remodeling, or rebuilding requires a municipal building permit;
2-23 (2) an addition occurs to the unit at a projected cost
2-24 of more than $2,500;
2-25 (3) a smoke detector powered by alternating current
2-26 was actually installed in the unit at any time prior to September
2-27 1, 1987; <or>
3-1 (4) a smoke detector powered by alternating current
3-2 was required by lawful city ordinance at the time of initial
3-3 construction of the unit; or
3-4 (5) a hearing-impaired tenant requests the
3-5 installation of a visual alarm smoke detector.
3-6 SECTION 3. Subchapter F, Chapter 92, Property Code, is
3-7 amended by adding Section 92.2545 to read as follows:
3-8 Sec. 92.2545. VISUAL ALARM SMOKE DETECTOR. (a) A landlord
3-9 shall, at the request of a hearing-impaired tenant, install at
3-10 least one visual alarm smoke detector in each separate bedroom in
3-11 the dwelling unit that is occupied by the hearing-impaired tenant.
3-12 The visual alarm smoke detector must be hard-wired to a smoke
3-13 detector installed in accordance with Section 92.256.
3-14 (b) A visual alarm smoke detector must:
3-15 (1) meet the requirements of Sections 92.254(a)(1),
3-16 (4), and (5);
3-17 (2) use a strobe light with a visible effective
3-18 intensity of not less than 177 candela;
3-19 (3) operate on 120-volt alternating current; and
3-20 (4) be otherwise substantially equivalent or superior
3-21 to a BRK model 100S, as produced by BRK Electronics Company,
3-22 hard-wired to a BRK model 4914, as produced by BRK Electronics
3-23 Company.
3-24 (c) In a civil action arising from personal injury, death,
3-25 or property damage sustained by a hearing-impaired tenant as a
3-26 result of fire and alleging that the landlord failed to provide
3-27 adequate fire safety measures, it is an affirmative defense that
4-1 the landlord:
4-2 (1) installed a visual alarm smoke detector before the
4-3 fire; and
4-4 (2) inspected and maintained the visual alarm smoke
4-5 detector in accordance with this subchapter.
4-6 (d) In this section, "bedroom" has the meaning assigned by
4-7 Section 92.255(b).
4-8 SECTION 4. Section 92.257, Property Code, is amended to read
4-9 as follows:
4-10 Sec. 92.257. INSTALLATION PROCEDURE. (a) Subject to
4-11 Subsections (b) and (c), a smoke detector or visual alarm smoke
4-12 detector must be installed according to the manufacturer's
4-13 recommended procedures.
4-14 (b) A smoke detector or visual alarm smoke detector must be
4-15 installed on a ceiling or wall. If on a ceiling, it must be no
4-16 closer than six inches to a wall. If on a wall, it must be no
4-17 closer than six inches and no farther than 12 inches from the
4-18 ceiling.
4-19 (c) A smoke detector or visual alarm smoke detector may be
4-20 located other than as required by Subsection (b) if a local
4-21 ordinance or a local or state fire marshal approves.
4-22 SECTION 5. Sections 92.258(a), (b), (c), and (e), Property
4-23 Code, are amended to read as follows:
4-24 (a) The landlord shall inspect and repair a smoke detector
4-25 or visual alarm smoke detector according to this section.
4-26 (b) The landlord shall determine that the smoke detector or
4-27 visual alarm smoke detector is in good working order by following
5-1 the recommended test procedures of the manufacturer for the
5-2 particular model:
5-3 (1) at the beginning of a tenant's possession if the
5-4 dwelling unit contains a smoke detector or visual alarm smoke
5-5 detector; or
5-6 (2) at the time of installation if the landlord
5-7 installs the smoke detector or visual alarm smoke detector in the
5-8 dwelling unit after the tenant has taken possession.
5-9 (c) During the term of a lease or during a renewal or
5-10 extension, the landlord has a duty to inspect and repair a smoke
5-11 detector or visual alarm smoke detector, but only if the tenant
5-12 gives the landlord notice of a malfunction or requests to the
5-13 landlord that the smoke detector or visual alarm smoke detector be
5-14 inspected or repaired. This duty does not exist with respect to
5-15 damage or a malfunction caused by the tenant, the tenant's family,
5-16 or the tenant's guests or invitees during the term of the lease or
5-17 a renewal or extension, except that the landlord has a duty to
5-18 repair or replace the smoke detector or visual alarm smoke detector
5-19 if the tenant pays in advance the reasonable repair or replacement
5-20 cost, including labor, materials, taxes, and overhead.
5-21 (e) The landlord has met the duty to inspect and repair if
5-22 the smoke detector or visual alarm smoke detector is in good
5-23 working order after the landlord follows the recommended test
5-24 procedures of the manufacturer for the particular model.
5-25 SECTION 6. Section 92.259(a), Property Code, is amended to
5-26 read as follows:
5-27 (a) A landlord is liable according to this subchapter if:
6-1 (1) after the tenant requested the landlord to
6-2 install, inspect, or repair a smoke detector or visual alarm smoke
6-3 detector in the tenant's dwelling unit as required by this
6-4 subchapter, the landlord did not install the smoke detector or
6-5 visual alarm smoke detector or inspect or repair the smoke detector
6-6 or visual alarm smoke detector within a reasonable time after the
6-7 tenant's notice of malfunction or request for repair, considering
6-8 the availability of materials, labor, and utilities; and
6-9 (2) the landlord does not install, inspect, or repair
6-10 the smoke detector or visual alarm smoke detector on or before the
6-11 seventh day after the date the tenant gives the landlord written
6-12 notice that the tenant may exercise his remedies under this
6-13 subchapter if the landlord does not comply with the request within
6-14 seven days.
6-15 SECTION 7. (a) This Act takes effect September 1, 1995.
6-16 (b) Section 92.2545(c), Property Code, as added by this Act,
6-17 applies only to a civil action that accrues on or after the
6-18 effective date of this Act. A civil action that accrued before the
6-19 effective date of this Act is governed by the law applicable to the
6-20 action immediately before the effective date of this Act, and that
6-21 law is continued in effect for that purpose.
6-22 SECTION 8. The importance of this legislation and the
6-23 crowded condition of the calendars in both houses create an
6-24 emergency and an imperative public necessity that the
6-25 constitutional rule requiring bills to be read on three several
6-26 days in each house be suspended, and this rule is hereby suspended.