90R1348 LRM-F
 
  By: Richardson H.B. No. 534
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the required maintenance and operation of carbon
  monoxide detectors on hotel property; authorizing a criminal
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 792, Health and Safety
  Code, is amended to read as follows:
         CHAPTER 792. SMOKE AND CARBON MONOXIDE DETECTORS IN HOTELS
         SECTION 2.  Section 792.001, Health and Safety Code, is
  amended by amending Subdivision (1) and adding Subdivisions (1-a)
  and (1-b) to read as follows:
               (1)  "Carbon monoxide detector" means a device that
  detects and sounds an alarm to indicate the presence of a harmful
  level of carbon monoxide gas.
               (1-a)  "Carbon monoxide detector for hearing impaired
  persons" means a carbon monoxide detector that, in addition to
  sounding an alarm, uses a xenon design strobe light with a visible
  effective intensity of not less than 100 candela, as tested and
  labeled in accordance with ANSI/UL Standard 1638, and with a flash
  rate of not less than 60 nor more than 120 flashes per minute.
               (1-b)  "Hotel" means a building in which members of the
  public obtain sleeping accommodations for consideration, including
  a hotel, motel, tourist home, tourist house, tourist court, hostel,
  lodging house, rooming house, or inn.  The term does not include:
                     (A)  a hospital, sanitarium, or nursing home; or
                     (B)  a building in which all or substantially all
  of the occupants have the right to use or possess their sleeping
  accommodations for at least 28 consecutive days.
         SECTION 3.  The heading to Section 792.002, Health and
  Safety Code, is amended to read as follows:
         Sec. 792.002.  SMOKE AND CARBON MONOXIDE DETECTORS IN
  HOTELS; CRIMINAL PENALTY.
         SECTION 4.  Section 792.002, Health and Safety Code, is
  amended by amending Subsections (a), (b), and (c) and adding
  Subsection (f) to read as follows:
         (a)  A person who operates a hotel commits an offense if the
  person:
               (1)  does not maintain a smoke detector and a carbon
  monoxide detector in good working order in every room of the hotel
  that is regularly used for sleeping;
               (2)  does not maintain smoke detectors and carbon
  monoxide detectors for hearing-impaired persons as prescribed by
  Subsection (b); or
               (3)  does not comply with the requirements of
  Subsection (c) if a hotel patron requests a room with a smoke
  detector and a carbon monoxide detector for hearing-impaired
  persons.
         (b)  A person who operates a hotel shall maintain one smoke
  detector and one carbon monoxide detector for hearing-impaired
  persons for each 60, or fraction of 60, rooms of the hotel that are
  regularly used for sleeping, except that the operator is not
  required to maintain more than five smoke detectors and five carbon
  monoxide detectors for hearing-impaired persons.
         (c)  If a hotel patron requests a room with a smoke detector
  and carbon monoxide detector for hearing-impaired persons, the
  operator of the hotel shall:
               (1)  assign the patron to a room in which a hard-wired
  smoke detector and carbon monoxide detector for hearing-impaired
  persons have [has] been properly installed; or
               (2)  install in the patron's room a portable smoke
  detector and carbon monoxide detector for hearing-impaired persons
  using a receptacle that cannot be controlled by a wall switch.
         (f)  This section does not apply to a hotel the local fire
  marshal certifies as not having any carbon monoxide-producing
  sources on the hotel property.  The hotel shall publicly display the
  certificate in an area accessible by hotel guests.
         SECTION 5.  The heading to Section 792.003, Health and
  Safety Code, is amended to read as follows:
         Sec. 792.003.  SMOKE AND CARBON MONOXIDE DETECTOR LIST.
         SECTION 6.  Section 792.003(a), Health and Safety Code, is
  amended to read as follows:
         (a)  To qualify for use under this chapter, a smoke detector
  and a carbon monoxide detector must be listed by the state fire
  marshal after the devices have [device has] been tested and shown to
  be effective by the state fire marshal or by a testing laboratory
  under conditions and procedures approved by the state fire marshal.
         SECTION 7.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.  
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 8.  This Act takes effect September 1, 2027.