By Smith H.B. No. 2042
75R7187 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the effect of local ordinances relating to smoke
1-3 detectors on residential rental property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 92.252(a), Property Code, is amended to
1-6 read as follows:
1-7 (a) The duties of a landlord and the remedies of a tenant
1-8 under this subchapter are in lieu of common law, other statutory
1-9 law, and local ordinances regarding a residential landlord's duty
1-10 to install, inspect, or repair a smoke detector in a dwelling unit.
1-11 However, this subchapter does not:
1-12 (1) affect a local ordinance adopted before September
1-13 1, 1981, that requires landlords to install smoke detectors in new
1-14 or remodeled dwelling units before September 1, 1981, if the
1-15 ordinance conforms with or is amended to conform with this
1-16 subchapter;
1-17 (2) limit or prevent adoption or enforcement of a
1-18 local ordinance relating to fire safety as a part of a building,
1-19 fire, or housing code, including any requirements relating to the
1-20 installation of smoke detectors or the type of smoke detectors;
1-21 [or]
1-22 (3) otherwise limit or prevent the adoption of a local
1-23 ordinance that conforms to this subchapter but which contains
1-24 additional enforcement provisions, except as provided by Subsection
2-1 (b); or
2-2 (4) affect a local ordinance that requires regular
2-3 inspections by local officials of smoke detectors in dwelling units
2-4 and that requires smoke detectors to be operational at the time of
2-5 inspection.
2-6 SECTION 2. Section 3(a), Article 5.43-2, Insurance Code, is
2-7 amended to read as follows:
2-8 (a) The provisions of this article and the rules and
2-9 regulations promulgated under this article shall have uniform force
2-10 and effect throughout the state and no municipality or county shall
2-11 enact any ordinances, rules, or regulations inconsistent with the
2-12 provisions of this article or rules and regulations promulgated
2-13 pursuant to this article and any such ordinances, rules, or
2-14 regulations are void and shall have no effect; provided, however,
2-15 that a municipality or county shall have the right to:
2-16 (1) mandate that a fire alarm or detection system be
2-17 installed in certain facilities, so long as said installation
2-18 conforms to applicable state law; [and]
2-19 (2) require a better type of alarm or detection system
2-20 or otherwise safer conditions than the minimum required by state
2-21 law; and
2-22 (3) require regular inspections by local officials of
2-23 smoke detectors in dwelling units, as defined by Section 92.251,
2-24 Property Code, and require the smoke detectors to be operational at
2-25 the time of inspection.
2-26 SECTION 3. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.