|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to smoke detectors in certain residential dwellings. |
|
|
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. 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 2. 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. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |