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