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.