By Brady, Gray H.B. No. 1637
74R3762 MJW-F
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 the smoke detector at
2-9 the time of initial occupancy by the tenant as required by this
2-10 subchapter; or <after the tenant requested the landlord to install,
2-11 inspect, or repair a smoke detector in the tenant's dwelling unit
2-12 as required by this subchapter, the landlord did not install the
2-13 smoke detector or inspect or repair the smoke detector within a
2-14 reasonable time after the tenant's notice of malfunction or request
2-15 for repair, considering the availability of materials, labor, and
2-16 utilities; 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 SMOKE DETECTOR. (a) A
3-21 tenant is liable under this subchapter if the tenant:
3-22 (1) knowingly disconnects or intentionally damages a
3-23 smoke detector in a manner that causes it to malfunction after the
3-24 landlord gives the tenant written notice not to disconnect or
3-25 intentionally damage a smoke detector; or
3-26 (2) removes a battery from a smoke detector without
3-27 immediately replacing it with a working battery after the landlord
4-1 gives the tenant written notice not to remove the battery without
4-2 replacing it with a working battery.
4-3 (b) A landlord of a tenant who is liable under Subsection
4-4 (a) may obtain or exercise one or more of the following remedies:
4-5 (1) a court order directing the tenant to comply with
4-6 the landlord's request;
4-7 (2) a judgment against the tenant for damages suffered
4-8 by the landlord because of the tenant's violation;
4-9 (3) a judgment against the tenant for one month's rent
4-10 plus $100 for violation of Subsection (a);
4-11 (4) a judgment against the tenant for court costs and
4-12 attorney's fees for violation of Subsection (a); and
4-13 (5) unilateral termination of the lease without a
4-14 court proceeding for violation of Subsection (a).
4-15 SECTION 5. This Act takes effect September 1, 1995, and
4-16 applies only to a cause of action that accrues on or after that
4-17 date. A cause of action that accrued before this Act's effective
4-18 date is governed by the law as it existed at the time the cause of
4-19 action accrued, and that law is continued in effect for that
4-20 purpose.
4-21 SECTION 6. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.