79R4237 UM-D
By: Giddings H.B. No. 2516
A BILL TO BE ENTITLED
AN ACT
relating to the installation of smoke detectors in certain leased
dwellings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.251, Property Code, is amended to
read as follows:
Sec. 92.251. DEFINITIONS [DEFINITION]. In this
subchapter:
(1) "Bedroom" means a room designed with the intent
that it be used for sleeping purposes.
(2) "Dwelling[, "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.
(3) "Hearing-impaired tenant" means a tenant with:
(A) a hearing impairment of such severity that
the tenant must depend on visual methods to communicate; or
(B) a hearing impairment that results in a loss
of hearing function to the tenant so that the tenant:
(i) relies on residual hearing; and
(ii) may depend on visual methods to
communicate.
(4) "Smoke detector" means a smoke detector that
satisfies the requirements of Section 92.254.
(5) "Visual alarm smoke detector" means a smoke
detector that satisfies the requirements of Section 92.2545.
SECTION 2. Section 92.252(a), Property Code, is amended to
read as follows:
(a) The duties of a landlord and the remedies of a tenant
under this subchapter are in lieu of common law, other statutory
law, and local ordinances regarding a residential landlord's duty
to install, inspect, or repair a smoke detector or visual alarm
smoke detector in a dwelling unit. However, this subchapter does
not:
(1) affect a local ordinance adopted before September
1, 1981, that requires landlords to install smoke detectors or
visual alarm smoke detectors in new or remodeled dwelling units
before September 1, 1981, 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 smoke detectors or visual alarm smoke detectors or
the type of smoke detectors or visual alarm smoke detectors;
(3) otherwise limit or prevent the adoption of a local
ordinance that conforms to this subchapter but which contains
additional enforcement provisions, except as provided by
Subsection (b); or
(4) affect a local ordinance that requires regular
inspections by local officials of smoke detectors or visual alarm
smoke detectors in dwelling units and that requires smoke detectors
or visual alarm smoke detectors to be operational at the time of
inspection.
SECTION 3. Section 92.253(a), Property Code, is amended to
read as follows:
(a) This subchapter does not apply to:
(1) a dwelling unit that is occupied by its owner, no
part of which is leased to a tenant;
(2) a dwelling unit in a building five or more stories
in height in which smoke detectors are required or regulated by
local ordinance; or
(3) a dwelling unit in an institution or an assisted
living facility licensed under Chapter 242 or 247, Health and
Safety Code [nursing or convalescent home licensed by the Texas
Department of Health and certified to meet the Life Safety Code
under federal law and regulations].
SECTION 4. Subchapter F, Chapter 92, Property Code, is
amended by adding Section 92.2545 to read as follows:
Sec. 92.2545. VISUAL ALARM SMOKE DETECTOR. (a) A landlord
shall, on or before the 15th day after the date of a request by a
hearing-impaired tenant, install one visual alarm smoke detector in
each separate bedroom that is occupied by a hearing-impaired tenant
or occupant in a dwelling unit. The visual alarm smoke detector may
be powered by battery or alternating current. The tenant must
purchase and provide, at the tenant's expense, the visual alarm
smoke detector. At the landlord's option and with the prior
approval of the tenant, the landlord may purchase the visual alarm
smoke detector at the landlord's expense or may allow the tenant to
reimburse the landlord for the purchase of the detector. The
landlord shall pay the cost of installing the visual alarm smoke
detector. The hearing-impaired tenant may require the landlord to
install additional visual alarm smoke detectors if the tenant pays
for both the purchase price of the visual alarm smoke detectors and
reasonable installation costs. A landlord is not required to
install a visual alarm smoke detector for a guest of a tenant.
(b) A visual alarm smoke detector must meet the requirements
of Sections 92.254(a)(1), (3), (4), and (5).
(c) In a civil action that arises from personal injury,
death, or property damage sustained by a hearing-impaired tenant or
occupant as a result of fire and that alleges the landlord failed to
provide an adequate fire warning, it is an affirmative defense that
the landlord installed a visual alarm smoke detector in accordance
with Section 92.257 before the fire.
(d) When permanently vacating a dwelling, a
hearing-impaired tenant is entitled to retain a visual alarm smoke
detector that was purchased at the tenant's expense and may require
the landlord, at the landlord's expense, to disconnect and remove
the visual alarm smoke detector.
(e) For purposes of this section, a hearing-impaired tenant
or occupant occupies only one bedroom.
SECTION 5. Section 92.257, Property Code, is amended to
read as follows:
Sec. 92.257. INSTALLATION PROCEDURE. (a) Subject to
Subsections (b) and (c), a smoke detector or visual alarm smoke
detector must be installed according to the manufacturer's
recommended procedures.
(b) A smoke detector or visual alarm smoke detector must be
installed on a ceiling or wall. If on a ceiling, it must be no
closer than four [six] inches to a wall. If on a wall, it must be no
closer than four [six] inches and no farther than 12 inches from the
ceiling.
(c) A smoke detector or visual alarm smoke detector may be
located other than as required by Subsection (b) if a local
ordinance or a local or state fire marshal approves.
SECTION 6. Section 92.258(d), Property Code, is amended to
read as follows:
(d) The landlord must comply with the tenant's request for
inspection or repair on or before the 15th day after the date of the
tenant's request [within a reasonable time, considering the
availability of material, labor, and utilities].
SECTION 7. Subchapter F, Chapter 92, Property Code, is
amended by adding Section 92.2581 to read as follows:
Sec. 92.2581. VISUAL ALARM SMOKE DETECTOR INSPECTION AND
REPAIR. (a) The landlord shall inspect and repair a visual alarm
smoke detector according to this section.
(b) The landlord shall determine that the visual alarm smoke
detector is in good working order at the time of installation, or at
the beginning of the tenant's possession if the detector was
installed before that time. The determination of good working
order shall be made by testing the visual alarm smoke detector with
smoke, by operating the testing button on the smoke detector, or by
following other recommended test procedures of the manufacturer for
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 visual
alarm smoke detector, but only if the tenant gives the landlord
notice of a malfunction or requests to the landlord that the visual
alarm smoke detector be inspected or repaired. This duty 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 the visual alarm smoke
detector if the tenant pays in advance the reasonable repair or
replacement cost, including labor, materials, taxes, and overhead.
(d) The landlord must comply with the tenant's request for
inspection or repair on or before the 15th day after the date of the
tenant's request.
(e) The landlord has met the duty to inspect and repair if
the visual alarm smoke detector is in good working order after the
landlord tests it with smoke, operates the testing button on it, or
follows other recommended test procedures of the manufacturer for
the particular model.
(f) The landlord is not obligated to provide batteries for a
battery-operated visual alarm smoke detector after it has been
tested by the landlord as required by Subsection (b).
(g) A visual alarm smoke detector that is in good working
order at the time it must be tested under Subsection (b) is presumed
to be in good working order until the tenant requests repair of it
as provided by this subchapter.
SECTION 8. Section 92.259(a), Property Code, is amended to
read as follows:
(a) A landlord must comply with this subchapter but is only
liable according to this subchapter if:
(1) the landlord did not install a smoke detector at
the time of initial occupancy by the tenant as required by this
subchapter or a municipal ordinance permitted by this subchapter or
the landlord did not install a visual alarm smoke detector at the
time of initial occupancy by the tenant as required by this
subchapter or a municipal ordinance permitted by this subchapter;
or
(2) the landlord does not install, inspect, or repair
the smoke detector or visual alarm smoke detector on or before the
seventh day after the date the tenant gives the landlord written
notice that the tenant may exercise his remedies under this
subchapter if the landlord does not comply with the request within
seven days.
SECTION 9. Section 92.2611(c), Property Code, is amended to
read as follows:
(c) A tenant is not liable for damages suffered by the
landlord if the damage is caused by the landlord's failure to repair
the smoke detector:
(1) on or before the seventh day after the date the
tenant requested the repair in writing under Section 92.259; or
(2) on or before the 15th day after the date the tenant
otherwise requested the repair [within a reasonable time after the
tenant requests it to be repaired, considering the availability of
material, labor, and utilities].
SECTION 10. Section 92.255(b), Property Code, is repealed.
SECTION 11. Section 92.2545, Property Code, as added by
this Act, applies only to a civil action that accrues on or after
the effective date of this Act. A civil action that accrued before
the effective date of this Act is governed by the law applicable to
the action immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 12. This Act takes effect September 1, 2005.