80(R) SB 338 - House Committee Report version



	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.

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.

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) &

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.

COMMITTEE AMENDMENT NO.

Amend S.B. No. 338 (senate engrossment) in added Chapter 766,

Health and Safety Code, by inserting the following new section to

the chapter, appropriately numbered, and renumbering sections and

cross-references in the chapter accordingly:

Sec. 766.___. 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.

80R19552 MCK-FZedler

COMMITTEE AMENDMENT NO.

Amend S.B. No. 338 (Senate engrossment) in SECTION 2 of the

bill by striking added Subsection (c), Section 766.002, Health and

Safety Code (page 2, line 19, through page 3, line 1).

80R20033 MCK-FSolomons