1-1  By:  Brady, Gray (Senate Sponsor - Shapiro)           H.B. No. 1637
    1-2        (In the Senate - Received from the House April 25, 1995;
    1-3  April 26, 1995, read first time and referred to Committee on
    1-4  Economic Development; May 22, 1995, reported favorably by the
    1-5  following vote:  Yeas 9, Nays 0; May 22, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to smoke detectors in leased residential premises.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Section 92.258, Property Code, is amended by
   1-11  amending Subsections (b) and (e) and adding Subsection (g) to read
   1-12  as follows:
   1-13        (b)  The landlord shall determine that the smoke detector is
   1-14  in good working order at the beginning of the tenant's possession
   1-15  by testing the smoke detector with smoke, by operating the testing
   1-16  button on the smoke detector, or by following other <the>
   1-17  recommended test procedures of the manufacturer for the particular
   1-18  model<:>
   1-19              <(1)  at the beginning of a tenant's possession if the
   1-20  dwelling unit contains a smoke detector; or>
   1-21              <(2)  at the time of installation if the landlord
   1-22  installs the smoke detector in the dwelling unit after the tenant
   1-23  has taken possession>.
   1-24        (e)  The landlord has met the duty to inspect and repair if
   1-25  the smoke detector is in good working order after the landlord
   1-26  tests the smoke detector with smoke, operates the testing button on
   1-27  the smoke detector, or follows other <the> recommended test
   1-28  procedures of the manufacturer for the particular model.
   1-29        (g)  A smoke detector that is in good working order at the
   1-30  beginning of a tenant's possession is presumed to be in good
   1-31  working order until the tenant requests repair of the smoke
   1-32  detector as provided by this subchapter.
   1-33        SECTION 2.  Section 92.259, Property Code, is amended to read
   1-34  as follows:
   1-35        Sec. 92.259.  LANDLORD'S FAILURE TO INSTALL, INSPECT, OR
   1-36  REPAIR.  (a)  A landlord is liable according to this subchapter if:
   1-37              (1)  the landlord did not install a smoke detector at
   1-38  the time of initial occupancy by the tenant as required by this
   1-39  subchapter or a municipal ordinance permitted by this subchapter;
   1-40  or <after the tenant requested the landlord to install, inspect, or
   1-41  repair a smoke detector in the tenant's dwelling unit as required
   1-42  by this subchapter, the landlord did not install the smoke detector
   1-43  or inspect or repair the smoke detector within a reasonable time
   1-44  after the tenant's notice of malfunction or request for repair,
   1-45  considering the availability of materials, labor, and utilities;
   1-46  and>
   1-47              (2)  the landlord does not install, inspect, or repair
   1-48  the smoke detector on or before the seventh day after the date the
   1-49  tenant gives the landlord written notice that the tenant may
   1-50  exercise his remedies under this subchapter if the landlord does
   1-51  not comply with the request within seven days.
   1-52        (b)  If the tenant gives notice under Subsection (a)(2) and
   1-53  the tenant's lease is in writing, the lease may require the tenant
   1-54  to make the initial request for installation, inspection, or repair
   1-55  in writing.
   1-56        SECTION 3.  Section 92.260, Property Code, is amended to read
   1-57  as follows:
   1-58        Sec. 92.260.  TENANT REMEDIES.  A tenant of a landlord who is
   1-59  liable under Section 92.259 may obtain or exercise one or more of
   1-60  the following remedies:
   1-61              (1)  a court order directing the landlord to comply
   1-62  with the tenant's request if the tenant is in possession of the
   1-63  dwelling unit;
   1-64              (2)  a judgment against the landlord for damages
   1-65  suffered by the tenant because of the landlord's violation;
   1-66              (3)  a judgment against the landlord for a civil
   1-67  penalty of one month's rent plus $100 if the landlord violates
   1-68  Section 92.259(a)(2);
    2-1              (4)  a judgment against the landlord for court costs
    2-2  <and attorney's fees>; <and>
    2-3              (5)  a judgment against the landlord for attorney's
    2-4  fees in an action under Subdivision (1) or (3); and
    2-5              (6)  unilateral termination of the lease without a
    2-6  court proceeding if the landlord violates Section 92.259(a)(2).
    2-7        SECTION 4.  Subchapter F, Chapter 92, Property Code, is
    2-8  amended by adding Section 92.2611 to read as follows:
    2-9        Sec. 92.2611.  TENANT'S DISABLING OF A SMOKE DETECTOR.  (a)
   2-10  A tenant is liable according to this subchapter if the tenant
   2-11  removes a battery from a smoke detector without immediately
   2-12  replacing it with a working battery or knowingly disconnects or
   2-13  intentionally damages a smoke detector, causing it to malfunction.
   2-14        (b)  Except as provided in Subsection (c), a landlord of a
   2-15  tenant who is liable under Subsection (a) may obtain a judgment
   2-16  against the tenant for damages suffered by the landlord because the
   2-17  tenant removed a battery from a smoke detector without immediately
   2-18  replacing it with a working battery or knowingly disconnected or
   2-19  intentionally damaged the smoke detector, causing it to
   2-20  malfunction.
   2-21        (c)  A tenant is not liable for damages suffered by the
   2-22  landlord if the damage is caused by the landlord's failure to
   2-23  repair the smoke detector within a reasonable time after the tenant
   2-24  requests it to be repaired, considering the availability of
   2-25  material, labor, and utilities.
   2-26        (d)  A landlord of a tenant who is liable under Subsection
   2-27  (a) may obtain or exercise one or more of the remedies in
   2-28  Subsection (e) if:
   2-29              (1)  a lease between the landlord and tenant contains a
   2-30  notice, in underlined or boldfaced print, which states in substance
   2-31  that the tenant must not disconnect or intentionally damage a smoke
   2-32  detector or remove the battery without immediately replacing it
   2-33  with a working battery and that the tenant may be subject to
   2-34  damages, civil penalties, and attorney's fees under Section 92.2611
   2-35  of the Property Code for not complying with the notice; and
   2-36              (2)  the landlord has given notice to the tenant that
   2-37  the landlord intends to exercise the landlord's remedies under this
   2-38  subchapter if the tenant does not reconnect, repair, or replace the
   2-39  smoke detector or replace the removed battery within seven days
   2-40  after being notified by the landlord to do so.
   2-41        The notice in Subdivision (2) must be in a separate document
   2-42  furnished to the tenant after the landlord has discovered that the
   2-43  tenant has disconnected or damaged the smoke detector or removed a
   2-44  battery from it.
   2-45        (e)  If a tenant is liable under Subsection (a) and the
   2-46  tenant does not comply with the landlord's notice under Subsection
   2-47  (d), the landlord shall have the following remedies against the
   2-48  tenant:
   2-49              (1)  a court order directing the tenant to comply with
   2-50  the landlord's notice;
   2-51              (2)  a judgment against the tenant for a civil penalty
   2-52  of one month's rent plus $100;
   2-53              (3)  a judgment against the tenant for court costs; and
   2-54              (4)  a judgment against the tenant for reasonable
   2-55  attorney's fees.
   2-56        (f)  A tenant's guest or invitee who suffers damage because
   2-57  of a landlord's failure to install, inspect, or repair a smoke
   2-58  detector as required by this subchapter may recover a judgment
   2-59  against the landlord for the damage.  A tenant's guest or invitee
   2-60  who suffers damage because the tenant removed a battery without
   2-61  immediately replacing it with a working battery or because the
   2-62  tenant knowingly disconnected or intentionally damaged the smoke
   2-63  detector, causing it to malfunction, may recover a judgment against
   2-64  the tenant for the damage.
   2-65        SECTION 5.  This Act takes effect September 1, 1995, and
   2-66  applies only to a cause of action that accrues on or after that
   2-67  date.  A cause of action that accrued before this Act's effective
   2-68  date is governed by the law as it existed at the time the cause of
   2-69  action accrued, and that law is continued in effect for that
   2-70  purpose.
    3-1        SECTION 6.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.
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