Amend CSHB 2118 by adding the following appropriately
numbered SECTIONS to the bill and renumbering the existing SECTIONS
accordingly:
SECTION ____. Subtitle A, Title 9, Health and Safety Code,
is amended by adding Chapter 766 to read as follows:
CHAPTER 766. SMOKE DETECTORS IN CERTAIN
RESIDENTIAL DWELLINGS
Sec. 766.001. DEFINITIONS. In this chapter:
(1) "One-family or two-family dwelling" means a
structure that has one or two residential units that are occupied
as, or designed or intended for occupancy as, a residence by
individuals.
(2) "Smoke detector" has the meaning assigned by
Section 792.001.
Sec. 766.002. RESPONSIBILITY OF TITLE INSURANCE OR CLOSING
AGENT. A title insurance agent or other closing agent involved in
the transfer of title to a one-family or two-family dwelling is not,
on sale or transfer of the dwelling, responsible for:
(1) verifying that the seller has complied with the
requirements of this chapter; or
(2) ensuring that the dwelling complies with the
requirements of this chapter.
Sec. 766.003. SMOKE DETECTOR REQUIRED. (a) Each
one-family or two-family dwelling must have a working smoke
detector installed in the dwelling in accordance with Subsection
(b) if construction on the dwelling commences on or after January 1,
2008. If the dwelling is constructed before January 1, 2008, there
must be a working smoke detector installed in the dwelling in
accordance with Subsection (b) before the owner of the dwelling may
sell or otherwise transfer ownership of the dwelling to another
person.
(b) A smoke detector must be installed in accordance with
the requirements of Sections 92.254, 92.255, and 92.257, Property
Code.
Sec. 766.004. RULES. (a) The commissioner of insurance
shall adopt rules requiring:
(1) each one-family or two-family dwelling the
construction of which commences on or after January 1, 2008, to be
equipped with a smoke detector; and
(2) each one-family or two-family dwelling the
ownership of which is sold or transferred on or after January 1,
2008, to be equipped with a smoke detector.
(b) The rules adopted under Subsection (a) must prescribe
requirements relating to the placement, installation, maintenance,
and number of smoke detectors required in a one-family or
two-family dwelling.
SECTION ____. The commissioner of insurance shall adopt
rules under Section 766.004, Health and Safety Code, as added by
this Act, not later than December 1, 2007.