79R298 KCR-D
By: Eissler H.B. No. 30
A BILL TO BE ENTITLED
AN ACT
relating to carbon monoxide detectors in certain residential
dwellings; providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 766 to read as follows:
CHAPTER 766. CARBON MONOXIDE DETECTORS IN CERTAIN RESIDENTIAL
DWELLINGS
Sec. 766.001. DEFINITIONS. In this chapter:
(1) "Carbon monoxide detector" means a device that:
(A) detects and sounds an alarm to indicate the
presence of a harmful level of carbon monoxide gas; and
(B) complies with Underwriters Laboratories,
Inc., Standard 2034.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Dwelling" means a house, manufactured home,
condominium unit, duplex unit, apartment unit, or other structure
or portion of a structure that is constructed as a residence for an
individual.
Sec. 766.002. CARBON MONOXIDE DETECTORS REQUIRED. (a) Each
dwelling the construction of which commences on or after January 1,
2006, must be equipped with carbon monoxide detectors in accordance
with commission rules.
(b) Each dwelling that is not described by Subsection (a)
must be equipped with carbon monoxide detectors in accordance with
commission rules before the owner of the dwelling may sell or
otherwise transfer ownership of the dwelling to another person.
Sec. 766.003. RULES. (a) The commission shall adopt rules
requiring:
(1) each dwelling the construction of which commences
on or after January 1, 2006, to be equipped with carbon monoxide
detectors; and
(2) each dwelling the ownership of which is sold or
transferred on or after January 1, 2006, to be equipped with carbon
monoxide detectors.
(b) The rules adopted under Subsection (a) must prescribe
requirements relating to the placement, installation, maintenance,
and number of carbon monoxide detectors required in a dwelling.
Sec. 766.004. POLITICAL SUBDIVISION COMPLIANCE. A
political subdivision of this state:
(1) shall require all dwellings in the political
subdivision to be equipped with carbon monoxide detectors in a
manner that complies with the rules adopted under Section 766.003;
and
(2) may require all dwellings in the political
subdivision to be equipped with carbon monoxide detectors in a
manner that is more stringent than a manner that complies with the
rules adopted under Section 766.003.
SECTION 2. Chapter 92, Property Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. CARBON MONOXIDE DETECTORS
Sec. 92.401. DEFINITIONS. In this subchapter:
(1) "Carbon monoxide detector" means a device that:
(A) detects and sounds an alarm to indicate the
presence of a harmful level of carbon monoxide gas; and
(B) complies with Underwriters Laboratories,
Inc., Standard 2034.
(2) "Dwelling unit" means a home, mobile home, duplex
unit, apartment unit, condominium unit, or any dwelling unit in a
multiunit residential structure. It also means a "dwelling" as
defined by Section 92.001.
Sec. 92.402. APPLICATION OF OTHER LAW; MUNICIPAL
REGULATION. (a) The duties of a landlord and the remedies of a
tenant under this subchapter are in lieu of common law, other
statutory law, including Chapter 766, Health and Safety Code, and
local ordinances regarding a residential landlord's duty to
install, inspect, or repair a carbon monoxide detector in a
dwelling unit.
(b) Notwithstanding Subsection (a), this subchapter does
not:
(1) affect a local ordinance adopted before September
1, 2005, that requires landlords to install carbon monoxide
detectors in new or remodeled dwelling units before September 1,
2005, if the ordinance conforms with or is amended to conform with
this subchapter;
(2) limit or prevent adoption or enforcement of a
local ordinance relating to fire safety as a part of a building,
fire, or housing code, including any requirements relating to the
installation of carbon monoxide detectors or the type of carbon
monoxide detectors;
(3) otherwise limit or prevent the adoption of a local
ordinance that conforms with this subchapter but that contains
additional enforcement provisions, except as provided by
Subsection (c); or
(4) affect a local ordinance that requires regular
inspections by local officials of carbon monoxide detectors in
dwelling units and that requires carbon monoxide detectors to be
operational at the time of inspection.
(c) If a carbon monoxide detector powered by battery has
been installed in a dwelling unit the construction of which
commences on or before September 1, 2009, in compliance with this
subchapter and local ordinances, a local ordinance may not require
that a carbon monoxide detector powered by alternating current be
installed in the unit unless:
(1) the interior of the unit is repaired, remodeled,
or rebuilt at a projected cost of more than $2,500 and the repair,
remodeling, or rebuilding requires a municipal building permit;
(2) an addition to the unit is made at a projected cost
of more than $2,500;
(3) a carbon monoxide detector powered by alternating
current was installed in the unit at any time before September 1,
2009; or
(4) a carbon monoxide detector powered by alternating
current was required by city ordinance at the time of initial
construction of the unit.
Sec. 92.403. EXEMPTIONS. This subchapter does not apply
to:
(1) a dwelling unit that is occupied by its owner and
no part of which is leased to a tenant;
(2) a dwelling unit in a building five or more stories
in height in which carbon monoxide detectors are required or
regulated by local ordinance; or
(3) a nursing or convalescent home licensed by the
Department of Aging and Disability Services and certified to meet
the Life Safety Code under federal law and regulations.
Sec. 92.404. INSTALLATION AND LOCATION IN DWELLING UNITS
CONSTRUCTED ON OR AFTER JANUARY 1, 2006. (a) In this section,
"bedroom" means a room designed with the intent that it be used for
sleeping purposes.
(b) Before the first tenant takes possession of a dwelling
unit the construction of which commences on or after January 1,
2006, the landlord shall install at least one carbon monoxide
detector in accordance with Section 92.406 so that the carbon
monoxide detector is located outside, but in the vicinity of, each
separate bedroom in the dwelling unit, except:
(1) if the dwelling unit is designed to use a single
room for dining, living, and sleeping, the carbon monoxide detector
must be located inside the room;
(2) if the bedrooms are served by the same corridor, at
least one carbon monoxide detector must be installed in the
corridor in the immediate vicinity of the bedrooms; and
(3) if at least one bedroom is located on a level above
the living and cooking area, the carbon monoxide detector for the
bedrooms must be placed in the center of the ceiling directly above
the top of the stairway.
Sec. 92.405. INSTALLATION IN DWELLING UNITS CONSTRUCTED
BEFORE JANUARY 1, 2006. (a) If construction of a dwelling unit
commences before January 1, 2006, the landlord, on or before
September 1, 2006, shall install at least one carbon monoxide
detector in the unit in accordance with Sections 92.404 and 92.406.
(b) Before September 1, 2006, a tenant may install a
battery-operated carbon monoxide detector in the tenant's dwelling
unit without the landlord's prior consent if the installation is
made in accordance with Sections 92.404 and 92.406. On termination
of the tenant's lease, including after a renewal or extension, the
tenant may remove the carbon monoxide detector. The tenant is
liable to the landlord for any unnecessary damages to the dwelling
unit caused by the removal.
Sec. 92.406. INSTALLATION PROCEDURE. (a) Subject to
Subsections (b) and (c), a carbon monoxide detector must be
installed in accordance with the manufacturer's recommended
procedures.
(b) A carbon monoxide detector must be installed on a
ceiling or wall but may not be installed within 15 feet of a heating
or cooking appliance. If on a ceiling, the detector must be not
closer than six inches to a wall. If on a wall, the detector must be
not closer than six inches and not farther than 12 inches from the
ceiling.
(c) A carbon monoxide detector may be located other than as
required by Subsection (b) if a local ordinance or a local or state
fire marshal requires or approves the location of the detector.
Sec. 92.407. LANDLORD'S DUTY TO INSPECT AND REPAIR. (a) A
landlord shall inspect and repair a carbon monoxide detector
according to this section.
(b) The landlord shall determine that a carbon monoxide
detector is in good working order at the beginning of the tenant's
possession by testing the carbon monoxide detector following test
procedures recommended by the manufacturer of the particular model.
(c) During the term of a lease or during a renewal or
extension, the landlord has a duty to inspect and repair a carbon
monoxide detector only if the tenant:
(1) gives the landlord notice of a malfunction; or
(2) requests the landlord to inspect or repair the
carbon monoxide detector.
(d) The duty to inspect and repair does not exist with
respect to damage or a malfunction caused by the tenant, the
tenant's family, or the tenant's guests or invitees during the term
of the lease or a renewal or extension, except that the landlord has
a duty to repair or replace a carbon monoxide detector if the tenant
pays in advance the reasonable repair or replacement cost,
including labor, materials, taxes, and overhead.
(e) The landlord shall comply with the tenant's request for
inspection or repair within a reasonable time, considering the
availability of material, labor, and utilities.
(f) The landlord has met the duty to inspect and repair if
the carbon monoxide detector is in good working order after the
landlord tests the carbon monoxide detector by following the test
procedures recommended by the manufacturer of the particular model.
(g) The landlord does not have a duty to provide batteries
for a battery-operated carbon monoxide detector after a tenant
takes possession if the carbon monoxide detector was in good
working order at the time the tenant took possession. A carbon
monoxide detector that is in good working order at the beginning of
a tenant's possession is presumed to be in good working order until
the tenant requests repair of the carbon monoxide detector as
provided by this subchapter.
Sec. 92.408. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR
REPAIR. (a) Subject to Section 92.410, a landlord is liable as
provided by Section 92.409 if:
(1) the landlord does not install a carbon monoxide
detector at the time of initial occupancy by the tenant as required
by Section 92.404 or a municipal ordinance permitted by this
subchapter; or
(2) the landlord does not install, inspect, or repair
the carbon monoxide detector on or before the seventh day after the
date the tenant gives the landlord written notice requesting the
landlord to install, inspect, or repair a carbon monoxide detector
in accordance with this subchapter.
(b) If the tenant gives notice under Subsection (a)(2) and
the tenant's lease is in writing, the lease may require the tenant
to make the initial request for installation, inspection, or repair
in writing.
Sec. 92.409. TENANT REMEDIES. A tenant of a landlord who
is liable under Section 92.408 may obtain or exercise one or more of
the following remedies:
(1) a court order directing the landlord to comply
with the tenant's request if the tenant is in possession of the
dwelling unit;
(2) a judgment against the landlord for damages
suffered by the tenant because of the landlord's violation;
(3) a judgment against the landlord for a civil
penalty of one month's rent plus $100 if the landlord violates
Section 92.408(a)(2);
(4) a judgment against the landlord for court costs;
(5) a judgment against the landlord for attorney's
fees in an action under Subdivision (1), (2), or (3); and
(6) unilateral termination of the lease without a
court proceeding if the landlord violates Section 92.408(a)(2).
Sec. 92.410. LANDLORD'S DEFENSES. A landlord is not liable
as provided by Section 92.409 if:
(1) on the date the tenant gives the notice required by
Section 92.408 the tenant has not paid all rent due from the tenant;
or
(2) on the date the tenant terminates the lease or
files suit the tenant has not fully paid costs requested by the
landlord and authorized by Section 92.407.
Sec. 92.411. TENANT'S DISABLING OF CARBON MONOXIDE
DETECTOR; LANDLORD REMEDIES. (a) A tenant is liable as provided
by this section if the tenant:
(1) removes a battery from a carbon monoxide detector
without immediately replacing it with a working battery; or
(2) knowingly disconnects or intentionally damages a
carbon monoxide detector, causing the detector to malfunction.
(b) Except as provided by Subsection (c), a landlord of a
tenant who is liable under Subsection (a) may obtain a judgment
against the tenant for damages incurred by the landlord because of
the tenant's conduct described by Subsection (a).
(c) A tenant is not liable for damages incurred by the
landlord if the damage is caused by the landlord's failure to repair
the carbon monoxide detector within a reasonable time after the
tenant requests that it be repaired, considering the availability
of material, labor, and utilities.
(d) A landlord of a tenant who is liable under Subsection
(a) may obtain or exercise one or more of the remedies in Subsection
(f) if:
(1) a lease between the landlord and tenant contains a
notice, in underlined or boldface type, that states in substance
that the tenant must not disconnect or intentionally damage a
carbon monoxide detector or remove the battery without immediately
replacing it with a working battery and that the tenant may be
subject to damages, civil penalties, and attorney's fees under
Section 92.411 of the Property Code for not complying with the
notice; and
(2) the landlord has given notice to the tenant that
the landlord intends to exercise the landlord's remedies under this
subchapter if the tenant does not reconnect, repair, or replace the
carbon monoxide detector or replace the removed battery within
seven days after being notified by the landlord to do so.
(e) The notice in Subsection (d)(2) must be in a separate
document furnished to the tenant after the landlord has discovered
that the tenant has disconnected or damaged the carbon monoxide
detector or removed a battery from it.
(f) If a tenant is liable under Subsection (a) and the
tenant does not comply with the landlord's notice under Subsections
(d) and (e), the landlord is entitled to the following remedies
against the tenant:
(1) a court order directing the tenant to comply with
the landlord's notice;
(2) a judgment against the tenant for a civil penalty
of one month's rent plus $100;
(3) a judgment against the tenant for court costs; and
(4) a judgment against the tenant for reasonable
attorney's fees.
Sec. 92.412. GUEST OR INVITEE REMEDIES. (a) A tenant's
guest or invitee who incurs damage because of a landlord's failure
to install, inspect, or repair a carbon monoxide detector as
required by this subchapter may recover a judgment against the
landlord for the damage.
(b) A tenant's guest or invitee who incurs damage because
the tenant removed a battery without immediately replacing it with
a working battery or because the tenant knowingly disconnected or
intentionally damaged the carbon monoxide detector, causing it to
malfunction, may recover a judgment against the tenant for the
damage.
Sec. 92.413. AGENT FOR DELIVERY OF NOTICE. A managing or
leasing agent, whether residing or maintaining an office on-site or
off-site, is the agent of the landlord for purposes of notice and
other communications required or permitted by this subchapter.
SECTION 3. The Health and Human Services Commission shall
adopt rules under Section 766.003, Health and Safety Code, as added
by this Act, not later than December 1, 2005.
SECTION 4. Subchapter J, Chapter 92, Property Code, as
added by this Act, applies only to a cause of action that accrues on
or after the effective date of this Act. A cause of action that
accrues before the effective date of this Act is governed by the law
governing the cause of action immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2005.