By: Van de Putte, et al. S.B. No. 338
 
 
A BILL TO BE ENTITLED
AN ACT
relating to carbon monoxide alarms and smoke detectors in certain
residential dwellings.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  This Act shall be known as the Senator Frank
Madla Act.
       SECTION 2.  Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 766 to read as follows:
CHAPTER 766. FIRE SAFETY IN RESIDENTIAL DWELLINGS
       Sec. 766.001.  DEFINITIONS. In this chapter:
             (1)  "Carbon monoxide alarm" means a device that
detects and sounds an alarm to indicate the presence of a harmful
level of carbon monoxide gas.
             (2)  "Department" means the Texas Department of
Insurance.
             (3)  "Fossil fuel" includes coal, kerosene, oil, wood,
fuel gases, and other petroleum or hydrocarbon products.
             (4)  "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.
             (5)  "Smoke detector" means a device or a listed
component of a system that detects and sounds an alarm to indicate
the presence of visible or invisible products of combustion in the
air.
             (6)  "Smoke detector for hearing-impaired persons" has
the meaning assigned by Section 792.001.
       Sec. 766.002.  SMOKE DETECTOR REQUIREMENT. (a)  Each
one-family or two-family dwelling constructed in this state must
have working smoke detectors installed in the dwelling in
accordance with the smoke detector requirements of the building
code in effect in the political subdivision in which the dwelling is
located, including performance, location, and power source
requirements.
       (b)  If a one-family or two-family dwelling does not comply
with the smoke detector requirements of the building code in effect
in the political subdivision in which the dwelling is located, any
home improvement to the dwelling that requires the issuance of a
building permit must include the installation of smoke detectors in
accordance with the building code in effect in the political
subdivision in which the dwelling is located, including
performance, location, and power source requirements.
       (c)  Title to an existing one-family or two-family dwelling
may not be transferred unless there are working smoke detectors
installed in the dwelling in accordance with the smoke detector
requirements of the building code in effect in the political
subdivision in which the dwelling is located, including
performance, location, and power source requirements.  If title to
an existing one-family or two-family dwelling is transferred to a
hearing-impaired person, any smoke detector required under the
building code in effect in the political subdivision must be a smoke
detector for a hearing-impaired person.
       Sec. 766.0025.  FRATERNITY AND SORORITY HOUSES.  (a)  In
this section, "fraternity or sorority house" means a dwelling that:
             (1)  is a separate structure and that is not a multiunit
residential property composed of multiple independent residential
units; and
             (2)  serves as living quarters for members of a
fraternity or sorority.
       (b)  The owner of a fraternity or sorority house must have
working smoke detectors installed in the fraternity house or
sorority house in accordance with the smoke detector requirements
of the building code in effect in the political subdivision in which
the fraternity or sorority house is located, including performance,
location, and power source requirements.
       Sec. 766.003.  INFORMATION RELATING TO FIRE SAFETY AND
CARBON MONOXIDE DANGERS. (a)  The department shall prepare
information of public interest relating to:
             (1)  fire safety in the home; and
             (2)  the dangers of carbon monoxide.
       (b)  The information must inform the public about:
             (1)  ways to prevent fires in the home, and actions to
take if a fire occurs in the home;
             (2)  the need to test smoke detectors every month to
ensure the smoke detector is working;
             (3)  replacing the battery in a battery-operated smoke
detector every six months;
             (4)  the need to have fire safety equipment in the home,
including fire extinguishers and emergency escape ladders;
             (5)  the need to develop and practice a fire escape
plan;
             (6)  the availability of carbon monoxide detectors;
             (7)  using carbon monoxide alarms as a backup to
prevent carbon monoxide poisoning; and
             (8)  the need to properly use and maintain fossil
fuel-burning appliances.
       (c)  The department shall distribute the information
described by this section to the public in any manner the department
determines is cost-effective, including providing the information
on the department's Internet website and publishing informational
pamphlets.
       SECTION 3.  Subsection (b), Section 5.008, Property Code, is
amended to read as follows:
       (b)  The notice must be executed and must, at a minimum, read
substantially similar to the following:
SELLER'S DISCLOSURE NOTICE
CONCERNING THE PROPERTY AT___________________________________
(Street Address and City)
       THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
Seller __ is __ is not occupying the Property.
If unoccupied, how long since Seller has occupied the Property?
________________________________________________________________
1.  The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U).
__ Range __ Oven __ Microwave
__ Dishwasher __ Trash Compactor __ Disposal
__ Washer/Dryer __ Window __ Rain Gutters
   Hookups    Screens
__ Security __ Fire Detection __ Intercom
   System    Equipment    System
__ Smoke Detector
__ Smoke Detector -
   Hearing Impaired
__ Carbon Monoxide
   Alarm
__ Emergency Escape
   Ladder(s)
__ TV Antenna __ Cable TV __ Satellite
   Wiring    Dish
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
   Fan(s)
__ Central A/C __ Central Heating __ Wall/Window Air
   Conditioning
__ Plumbing System __ Septic System __ Public Sewer
   System
__ Patio/Decking __ Outdoor Grill __ Fences
__ Pool __ Sauna __ Spa
__ Hot Tub
__ Pool Equipment __ Pool Heater __ Automatic Lawn
   Sprinkler
   System
__ Fireplace(s) & __ Fireplace(s) &
   Chimney    Chimney
   (Woodburning)    (Mock)
__ Gas Lines __ Gas Fixtures
   (Nat./LP)
Garage: __ Attached __ Not Attached __ Carport
Garage Door Opener(s): __ Electronic __ Control(s)
Water Heater: __ Gas __ Electric
Water Supply: __ City __ Well __ MUD __ Co-op
Roof Type: ________________________________Age: _____(approx)
Are you (Seller) aware of any of the above items that are not in
working condition, that have known defects, or that are in need of
repair?  __ Yes  __ No  __ Unknown.
If yes, then describe. (Attach additional sheets if necessary):
________________________________________________________________
________________________________________________________________
2.  Are you (Seller) aware of any known defects/malfunctions in any
of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Interior Walls __ Ceilings __ Floors
__ Exterior Walls __ Doors __ Windows
__ Roof __ Foundation/ __ Basement
   Slab(s)
__ Walls/Fences __ Driveways __ Sidewalks
__ Plumbing/Sewers/ __ Electrical __ Lighting
   Septics    Systems    Fixtures
__ Other Structural Components (Describe):____________________
________________________________________________________________
________________________________________________________________
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
3.  Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Active Termites __ Previous Structural
   (includes    or Roof Repair
   wood-destroying insects)
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
   Needing Repair
__ Previous Termite Damage __ Asbestos Components
__ Previous Termite __ Urea formaldehyde
   Treatment    Insulation
__ Previous Flooding __ Radon Gas
__ Improper Drainage __ Lead Based Paint
__ Water Penetration __ Aluminum Wiring
__ Located in 100-Year __ Previous Fires
   Floodplain
__ Present Flood Insurance __ Unplatted Easements
   Coverage
__ Landfill, Settling, Soil __ Subsurface
   Movement, Fault Lines    Structure or Pits
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
4.  Are you (Seller) aware of any item, equipment, or system in or
on the property that is in need of repair?  __ Yes (if you are
aware) __ No (if you are not aware). If yes, explain (attach
additional sheets as necessary). ________________________________
5.  Are you (Seller) aware of any of the following?
Write Yes (Y) if you aware, write No (N) if you are not aware.
__  Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
__  Homeowners' Association or maintenance fees or assessments.
__  Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
__  Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
__  Any lawsuits directly or indirectly affecting the Property.
__  Any condition on the Property which materially affects the physical health or safety of an individual.
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
_______________________________________________________
Date                     Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the
foregoing notice.
_______________________________________________________
Date                     Signature of Purchaser
       SECTION 4.  Subchapter F, Chapter 92, Property Code, is
amended by adding Section 92.2571 to read as follows:
       Sec. 92.2571.  ALTERNATIVE COMPLIANCE. A landlord complies
with the requirements of this subchapter relating to the provision
of smoke detectors in the dwelling unit if the landlord:
             (1)  has a fire detection device, as defined by Article
5.43-2, Insurance Code, that includes a smoke detection device
installed in a dwelling unit; or
             (2)  for a dwelling unit that is a one-family or
two-family dwelling unit, installs smoke detectors in compliance
with Chapter 766, Health and Safety Code.
       SECTION 5.  The change in law made by this Act to Section
5.008, Property Code, applies only to a notice executed on or after
the effective date of this Act. A notice executed before the
effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
       SECTION 6.  This Act takes effect September 1, 2007.