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.
3-6 * * * * *