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.