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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; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Senator Frank |
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Madla Act. |
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SECTION 2. 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. FIRE SAFETY IN 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) "Department" means the Texas Department of |
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Insurance. |
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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" means a device or a listed |
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component of a system that detects and sounds an alarm to indicate |
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the presence of visible or invisible products of combustion in the |
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air. |
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(6) "Smoke detector for hearing-impaired persons" has |
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the meaning assigned by Section 792.001. |
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Sec. 766.002. SMOKE DETECTOR REQUIREMENT. (a) Each |
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one-family or two-family dwelling constructed in this state must |
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have working smoke detectors installed in the dwelling in |
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accordance with the smoke detector requirements of the building |
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code in effect in the political subdivision in which the dwelling is |
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located, including performance, location, and power source |
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requirements. |
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(b) If a one-family or two-family dwelling does not comply |
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with the smoke detector requirements of the building code in effect |
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in the political subdivision in which the dwelling is located, any |
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alteration, remodeling, enlargement, or repair of the dwelling must |
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include the installation of smoke detectors in accordance with the |
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building code in effect in the political subdivision in which the |
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dwelling is located, including performance, location, and power |
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source requirements. |
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(c) Before the owner of an existing one-family or two-family |
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dwelling may re-sell or otherwise transfer ownership of the |
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dwelling to another person, there must be working smoke detectors |
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installed in the dwelling in accordance with the smoke detector |
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requirements of the building code in effect in the political |
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subdivision in which the dwelling is located, including |
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performance, location, and power source requirements. If an |
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existing one-family or two-family dwelling is re-sold or |
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transferred to a hearing-impaired person, any smoke detector |
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required under the building code in effect in the political |
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subdivision must be a smoke detector for a hearing-impaired person. |
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Sec. 766.003. INFORMATION RELATING TO FIRE SAFETY AND |
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CARBON MONOXIDE DANGERS. (a) The department shall prepare |
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information of public interest relating to: |
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(1) fire safety in the home; and |
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(2) the dangers of carbon monoxide. |
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(b) The information must inform the public about: |
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(1) ways to prevent fires in the home, and actions to |
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take if a fire occurs in the home; |
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(2) the need to test smoke detectors every month to |
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ensure the smoke detector is working; |
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(3) replacing the battery in a battery-operated smoke |
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detector every six months; |
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(4) the need to have fire safety equipment in the home, |
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including fire extinguishers and emergency escape ladders; |
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(5) the need to develop and practice a fire escape |
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plan; |
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(6) the availability of carbon monoxide detectors; |
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(7) using carbon monoxide alarms as a backup to |
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prevent carbon monoxide poisoning; and |
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(8) the need to properly use and maintain fossil |
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fuel-burning appliances. |
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(c) The department shall distribute the information |
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described by this section to the public in any manner the department |
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determines is cost-effective, including providing the information |
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on the department's Internet website and publishing informational |
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pamphlets. |
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Sec. 766.004. CRIMINAL PENALTY. A person who violates |
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Section 766.002(c) commits an offense. An offense under this |
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section is a Class C misdemeanor. |
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SECTION 3. Subchapter F, Chapter 92, Property Code, is |
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amended by adding Section 92.2571 to read as follows: |
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Sec. 92.2571. ALTERNATIVE COMPLIANCE. A landlord complies |
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with the requirements of this subchapter relating to the provision |
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of smoke detectors in the dwelling unit if the landlord: |
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(1) has a fire detection device, as defined by Article |
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5.43-2, Insurance Code, that includes a smoke detection device |
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installed in a dwelling unit; or |
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(2) for a dwelling unit that is a one-family or |
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two-family dwelling unit, installs smoke detectors in compliance |
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with Chapter 766, Health and Safety Code. |
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SECTION 4. This Act takes effect September 1, 2007. |
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