H.B. No. 1637
1-1 AN ACT
1-2 relating to smoke detectors in leased residential premises.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 92.258, Property Code, is amended by
1-5 amending Subsections (b) and (e) and adding Subsection (g) to read
1-6 as follows:
1-7 (b) The landlord shall determine that the smoke detector is
1-8 in good working order at the beginning of the tenant's possession
1-9 by testing the smoke detector with smoke, by operating the testing
1-10 button on the smoke detector, or by following other <the>
1-11 recommended test procedures of the manufacturer for the particular
1-12 model<:>
1-13 <(1) at the beginning of a tenant's possession if the
1-14 dwelling unit contains a smoke detector; or>
1-15 <(2) at the time of installation if the landlord
1-16 installs the smoke detector in the dwelling unit after the tenant
1-17 has taken possession>.
1-18 (e) The landlord has met the duty to inspect and repair if
1-19 the smoke detector is in good working order after the landlord
1-20 tests the smoke detector with smoke, operates the testing button on
1-21 the smoke detector, or follows other <the> recommended test
1-22 procedures of the manufacturer for the particular model.
1-23 (g) A smoke detector that is in good working order at the
1-24 beginning of a tenant's possession is presumed to be in good
2-1 working order until the tenant requests repair of the smoke
2-2 detector as provided by this subchapter.
2-3 SECTION 2. Section 92.259, Property Code, is amended to read
2-4 as follows:
2-5 Sec. 92.259. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR
2-6 REPAIR. (a) A landlord is liable according to this subchapter if:
2-7 (1) the landlord did not install a smoke detector at
2-8 the time of initial occupancy by the tenant as required by this
2-9 subchapter or a municipal ordinance permitted by this subchapter;
2-10 or <after the tenant requested the landlord to install, inspect, or
2-11 repair a smoke detector in the tenant's dwelling unit as required
2-12 by this subchapter, the landlord did not install the smoke detector
2-13 or inspect or repair the smoke detector within a reasonable time
2-14 after the tenant's notice of malfunction or request for repair,
2-15 considering the availability of materials, labor, and utilities;
2-16 and>
2-17 (2) the landlord does not install, inspect, or repair
2-18 the smoke detector on or before the seventh day after the date the
2-19 tenant gives the landlord written notice that the tenant may
2-20 exercise his remedies under this subchapter if the landlord does
2-21 not comply with the request within seven days.
2-22 (b) If the tenant gives notice under Subsection (a)(2) and
2-23 the tenant's lease is in writing, the lease may require the tenant
2-24 to make the initial request for installation, inspection, or repair
2-25 in writing.
2-26 SECTION 3. Section 92.260, Property Code, is amended to read
2-27 as follows:
3-1 Sec. 92.260. TENANT REMEDIES. A tenant of a landlord who is
3-2 liable under Section 92.259 may obtain or exercise one or more of
3-3 the following remedies:
3-4 (1) a court order directing the landlord to comply
3-5 with the tenant's request if the tenant is in possession of the
3-6 dwelling unit;
3-7 (2) a judgment against the landlord for damages
3-8 suffered by the tenant because of the landlord's violation;
3-9 (3) a judgment against the landlord for a civil
3-10 penalty of one month's rent plus $100 if the landlord violates
3-11 Section 92.259(a)(2);
3-12 (4) a judgment against the landlord for court costs
3-13 <and attorney's fees>; <and>
3-14 (5) a judgment against the landlord for attorney's
3-15 fees in an action under Subdivision (1) or (3); and
3-16 (6) unilateral termination of the lease without a
3-17 court proceeding if the landlord violates Section 92.259(a)(2).
3-18 SECTION 4. Subchapter F, Chapter 92, Property Code, is
3-19 amended by adding Section 92.2611 to read as follows:
3-20 Sec. 92.2611. TENANT'S DISABLING OF A SMOKE DETECTOR. (a)
3-21 A tenant is liable according to this subchapter if the tenant
3-22 removes a battery from a smoke detector without immediately
3-23 replacing it with a working battery or knowingly disconnects or
3-24 intentionally damages a smoke detector, causing it to malfunction.
3-25 (b) Except as provided in Subsection (c), a landlord of a
3-26 tenant who is liable under Subsection (a) may obtain a judgment
3-27 against the tenant for damages suffered by the landlord because the
4-1 tenant removed a battery from a smoke detector without immediately
4-2 replacing it with a working battery or knowingly disconnected or
4-3 intentionally damaged the smoke detector, causing it to
4-4 malfunction.
4-5 (c) A tenant is not liable for damages suffered by the
4-6 landlord if the damage is caused by the landlord's failure to
4-7 repair the smoke detector within a reasonable time after the tenant
4-8 requests it to be repaired, considering the availability of
4-9 material, labor, and utilities.
4-10 (d) A landlord of a tenant who is liable under Subsection
4-11 (a) may obtain or exercise one or more of the remedies in
4-12 Subsection (e) if:
4-13 (1) a lease between the landlord and tenant contains a
4-14 notice, in underlined or boldfaced print, which states in substance
4-15 that the tenant must not disconnect or intentionally damage a smoke
4-16 detector or remove the battery without immediately replacing it
4-17 with a working battery and that the tenant may be subject to
4-18 damages, civil penalties, and attorney's fees under Section 92.2611
4-19 of the Property Code for not complying with the notice; and
4-20 (2) the landlord has given notice to the tenant that
4-21 the landlord intends to exercise the landlord's remedies under this
4-22 subchapter if the tenant does not reconnect, repair, or replace the
4-23 smoke detector or replace the removed battery within seven days
4-24 after being notified by the landlord to do so.
4-25 The notice in Subdivision (2) must be in a separate document
4-26 furnished to the tenant after the landlord has discovered that the
4-27 tenant has disconnected or damaged the smoke detector or removed a
5-1 battery from it.
5-2 (e) If a tenant is liable under Subsection (a) and the
5-3 tenant does not comply with the landlord's notice under Subsection
5-4 (d), the landlord shall have the following remedies against the
5-5 tenant:
5-6 (1) a court order directing the tenant to comply with
5-7 the landlord's notice;
5-8 (2) a judgment against the tenant for a civil penalty
5-9 of one month's rent plus $100;
5-10 (3) a judgment against the tenant for court costs; and
5-11 (4) a judgment against the tenant for reasonable
5-12 attorney's fees.
5-13 (f) A tenant's guest or invitee who suffers damage because
5-14 of a landlord's failure to install, inspect, or repair a smoke
5-15 detector as required by this subchapter may recover a judgment
5-16 against the landlord for the damage. A tenant's guest or invitee
5-17 who suffers damage because the tenant removed a battery without
5-18 immediately replacing it with a working battery or because the
5-19 tenant knowingly disconnected or intentionally damaged the smoke
5-20 detector, causing it to malfunction, may recover a judgment against
5-21 the tenant for the damage.
5-22 SECTION 5. This Act takes effect September 1, 1995, and
5-23 applies only to a cause of action that accrues on or after that
5-24 date. A cause of action that accrued before this Act's effective
5-25 date is governed by the law as it existed at the time the cause of
5-26 action accrued, and that law is continued in effect for that
5-27 purpose.
6-1 SECTION 6. The importance of this legislation and the
6-2 crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended.