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.