By Lewis of Orange H.B. No. 484
75R1421 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to smoke-free dwellings in certain multiunit complexes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 92, Property Code, is amended by adding
1-5 Subchapter J to read as follows:
1-6 SUBCHAPTER J. SMOKE-FREE DWELLINGS
1-7 Sec. 92.501. DEFINITIONS. In this subchapter:
1-8 (1) "Landlord" means the owner or lessor of a
1-9 multiunit complex or another person acting on the owner's or
1-10 lessor's behalf, including a management company or managing agent.
1-11 (2) "Multiunit complex" means two or more dwellings
1-12 in one or more buildings that:
1-13 (A) are under common ownership;
1-14 (B) are managed by the same owner, agent, or
1-15 management company; and
1-16 (C) are located on the same lot or tract or
1-17 adjacent lots or tracts of land.
1-18 Sec. 92.502. APPLICATION OF SUBCHAPTER. (a) This
1-19 subchapter applies only to a multiunit complex with 50 or more
1-20 dwellings for which construction was begun after August 31, 1997.
1-21 (b) This subchapter does not apply to:
1-22 (1) a hotel, motel, or inn or similar transient
1-23 housing; or
1-24 (2) residential housing owned or operated by:
2-1 (A) an institution of higher education
2-2 accredited by an accrediting organization recognized by the Texas
2-3 Higher Education Coordinating Board; or
2-4 (B) a preparatory school accredited by an
2-5 accrediting agency recognized by the commissioner of education.
2-6 Sec. 92.503. SMOKE-FREE DWELLINGS. (a) At least 10 percent
2-7 of the dwellings in a multiunit complex to which this subchapter
2-8 applies must be smoke-free dwellings. The smoke-free dwellings
2-9 must be located together in a contiguous group.
2-10 (b) A person may not smoke a cigarette or another tobacco
2-11 product in a smoke-free dwelling.
2-12 (c) A tenant in a smoke-free dwelling must execute, as part
2-13 of the lease agreement, an agreement that the tenant will not smoke
2-14 a cigarette or another tobacco product in the dwelling and will
2-15 not permit another person to smoke in the dwelling. Violation of
2-16 the lease provision required by this subsection is a ground for
2-17 eviction of the tenant.
2-18 (d) The landlord shall post, in a conspicuous place in each
2-19 smoke-free dwelling, a notice stating that smoking is prohibited in
2-20 the dwelling.
2-21 SECTION 2. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
2-26 and that this Act take effect and be in force from and after its
2-27 passage, and it is so enacted.