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A BILL TO BE ENTITLED
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AN ACT
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relating to carbon monoxide alarms and smoke detectors in certain |
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residential dwellings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 766 to read as follows: |
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CHAPTER 766. CARBON MONOXIDE ALARMS AND SMOKE DETECTORS IN CERTAIN |
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RESIDENTIAL DWELLINGS |
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Sec. 766.001. DEFINITIONS. In this chapter: |
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(1) "Carbon monoxide alarm" means a device that |
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detects and sounds an alarm to indicate the presence of a harmful |
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level of carbon monoxide gas. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(3) "Fossil fuel" includes coal, kerosene, oil, wood, |
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fuel gases, and other petroleum or hydrocarbon products. |
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(4) "One-family or two-family dwelling" means a |
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structure that has one or two residential units that are occupied |
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as, or designed or intended for occupancy as, a residence by |
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individuals. |
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(5) "Smoke detector" has the meaning assigned by |
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Section 792.001. |
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Sec. 766.002. CARBON MONOXIDE ALARM REQUIRED. (a) Each |
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one-family or two-family dwelling that has a household appliance or |
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heating system that burns a fossil fuel must have a working carbon |
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monoxide alarm installed in the dwelling in accordance with |
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commission rules if construction on the dwelling commences on or |
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after January 1, 2008. |
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(b) Each one-family or two-family dwelling that has a |
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household appliance or heating system that burns a fossil fuel that |
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is constructed before January 1, 2008, must have a working carbon |
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monoxide alarm installed in the dwelling in accordance with |
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commission rules before the owner of the dwelling may sell or |
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otherwise transfer ownership of the dwelling to another person. |
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(c) The carbon monoxide alarm must: |
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(1) comply with Underwriters Laboratories, Inc., |
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Standard 2034 or Canadian Standards Association Standard 6.19-01; |
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and |
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(2) be: |
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(A) hardwired into the electrical system of the |
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one-family or two-family dwelling and contain a battery for backup |
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power; |
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(B) directly plugged into an unswitched |
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electrical outlet of the one-family or two-family dwelling and |
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contain a battery for backup power; or |
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(C) battery powered and attached to a wall or |
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ceiling of the one-family or two-family dwelling. |
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(d) A carbon monoxide alarm may be combined with a smoke |
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detecting device if the combined device: |
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(1) complies with the laws and rules for both smoke |
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detectors and carbon monoxide alarms; and |
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(2) emits both a voice alarm and a tone alarm that |
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clearly differentiate between a carbon monoxide alert and a smoke |
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alert. |
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Sec. 766.003. SMOKE DETECTOR REQUIRED. (a) Each |
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one-family or two-family dwelling must have a working smoke |
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detector installed in the dwelling in accordance with Subsection |
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(b) if construction on the dwelling commences on or after January 1, |
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2008. If the dwelling is constructed before January 1, 2008, there |
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must be a working smoke detector installed in the dwelling in |
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accordance with Subsection (b) before the owner of the dwelling may |
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sell or otherwise transfer ownership of the dwelling to another |
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person. |
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(b) A smoke detector must be installed in accordance with |
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the requirements of Sections 92.254, 92.255, and 92.257, Property |
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Code. |
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Sec. 766.004. RULES. (a) The commission shall adopt rules |
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requiring: |
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(1) each one-family or two-family dwelling described |
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by Section 766.002 the construction of which commences on or after |
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January 1, 2008, to be equipped with a carbon monoxide alarm; |
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(2) each one-family or two-family dwelling described |
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by Section 766.002 the ownership of which is sold or transferred on |
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or after January 1, 2008, to be equipped with a carbon monoxide |
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alarm; |
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(3) each one-family or two-family dwelling the |
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construction of which commences on or after January 1, 2008, to be |
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equipped with a smoke detector; and |
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(4) each one-family or two-family dwelling the |
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ownership of which is sold or transferred on or after January 1, |
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2008, to be equipped with a smoke detector. |
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(b) The rules adopted under Subsection (a) must prescribe |
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requirements relating to the placement, installation, maintenance, |
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and number of carbon monoxide alarms and smoke detectors required |
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in a one-family or two-family dwelling. |
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SECTION 2. The Health and Human Services Commission shall |
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adopt rules under Section 766.004, Health and Safety Code, as added |
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by this Act, not later than December 1, 2007. |
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SECTION 3. This Act takes effect September 1, 2007. |