By Sadler                                             H.B. No. 1489
       74R1765 PAM-D
                                 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.  Section 92.258(b), Property Code, is amended to
    1-6  read as follows:
    1-7        (b)  The landlord shall determine that the smoke detector is
    1-8  in good working order by following the recommended test procedures
    1-9  of the manufacturer for the particular model<:>
   1-10              <(1)>  at the beginning of a tenant's possession <if
   1-11  the dwelling unit contains a smoke detector; or>
   1-12              <(2)  at the time of installation if the landlord
   1-13  installs the smoke detector in the dwelling unit after the tenant
   1-14  has taken possession>.
   1-15        SECTION 2.  Section 92.259, Property Code, is amended to read
   1-16  as follows:
   1-17        Sec. 92.259.  Landlord's Failure to Install, Inspect, or
   1-18  Repair.  (a)  A landlord is liable according to this subchapter if:
   1-19              (1)  the landlord does not install a smoke detector in
   1-20  the tenant's dwelling unit before the tenant takes possession; or
   1-21              (2)  after the tenant requested the landlord to
   1-22  <install,> inspect<,> or repair a smoke detector in the tenant's
   1-23  dwelling unit as required by this subchapter:
   1-24                    (A)  <,>  the landlord did not <install the smoke
    2-1  detector or> inspect or repair the smoke detector within a
    2-2  reasonable time after the tenant's notice of malfunction or request
    2-3  for repair, considering the availability of materials, labor, and
    2-4  utilities; and
    2-5                    (B) <(2)>  the landlord does not <install,>
    2-6  inspect<,> or repair the smoke detector on or before the seventh
    2-7  day after the date the tenant gives the landlord written notice
    2-8  that the tenant may exercise his remedies under this subchapter if
    2-9  the landlord does not comply with the request within seven days.
   2-10        (b)  If the tenant's lease is in writing, the lease may
   2-11  require the tenant to make the <initial> request for
   2-12  <installation,> inspection<,> or repair in writing.
   2-13        SECTION 3.  The changes in law made by this Act apply only to
   2-14  a cause of action under Section 92.260, Property Code, that accrues
   2-15  on or after the effective date of this Act.  A cause of action
   2-16  under that section that accrued before that date is governed by the
   2-17  law as it existed at the time the cause of action accrued, and that
   2-18  law is continued in effect for that purpose.
   2-19        SECTION 4.  This Act takes effect September 1, 1995.
   2-20        SECTION 5.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.