By: Van de Putte, et al.  S.B. No. 338
         (In the Senate - Filed January 26, 2007; February 14, 2007,
  read first time and referred to Committee on Business and Commerce;
  April 23, 2007, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 0; April 23, 2007,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 338 By:  Van de Putte
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to carbon monoxide alarms and smoke detectors in certain
  residential dwellings; providing a penalty.
         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
  alteration, remodeling, enlargement, or repair of the dwelling 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)  Before the owner of an existing one-family or two-family
  dwelling may re-sell or otherwise transfer ownership of the
  dwelling to another person, there must be 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 an
  existing one-family or two-family dwelling is re-sold or
  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. 766.003.  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.
         Sec. 766.004.  CRIMINAL PENALTY. A person who violates
  Section 766.002(c) commits an offense. An offense under this
  section is a Class C misdemeanor.
         SECTION 3.  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 4.  This Act takes effect September 1, 2007.
 
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