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A BILL TO BE ENTITLED
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AN ACT
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relating to the required maintenance and operation of carbon |
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monoxide detectors on hotel property; authorizing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 792, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 792. SMOKE AND CARBON MONOXIDE DETECTORS IN HOTELS |
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SECTION 2. Section 792.001, Health and Safety Code, is |
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amended by amending Subdivision (1) and adding Subdivisions (1-a) |
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and (1-b) to read as follows: |
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(1) "Carbon monoxide detector" 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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(1-a) "Carbon monoxide detector for hearing impaired |
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persons" means a carbon monoxide detector that, in addition to |
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sounding an alarm, uses a xenon design strobe light with a visible |
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effective intensity of not less than 100 candela, as tested and |
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labeled in accordance with ANSI/UL Standard 1638, and with a flash |
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rate of not less than 60 nor more than 120 flashes per minute. |
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(1-b) "Hotel" means a building in which members of the |
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public obtain sleeping accommodations for consideration, including |
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a hotel, motel, tourist home, tourist house, tourist court, hostel, |
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lodging house, rooming house, or inn. The term does not include: |
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(A) a hospital, sanitarium, or nursing home; or |
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(B) a building in which all or substantially all |
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of the occupants have the right to use or possess their sleeping |
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accommodations for at least 28 consecutive days. |
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SECTION 3. The heading to Section 792.002, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 792.002. SMOKE AND CARBON MONOXIDE DETECTORS IN |
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HOTELS; CRIMINAL PENALTY. |
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SECTION 4. Section 792.002, Health and Safety Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsection (f) to read as follows: |
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(a) A person who operates a hotel commits an offense if the |
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person: |
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(1) does not maintain a smoke detector and a carbon |
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monoxide detector in good working order in every room of the hotel |
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that is regularly used for sleeping; |
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(2) does not maintain smoke detectors and carbon |
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monoxide detectors for hearing-impaired persons as prescribed by |
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Subsection (b); or |
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(3) does not comply with the requirements of |
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Subsection (c) if a hotel patron requests a room with a smoke |
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detector and a carbon monoxide detector for hearing-impaired |
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persons. |
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(b) A person who operates a hotel shall maintain one smoke |
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detector and one carbon monoxide detector for hearing-impaired |
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persons for each 60, or fraction of 60, rooms of the hotel that are |
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regularly used for sleeping, except that the operator is not |
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required to maintain more than five smoke detectors and five carbon |
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monoxide detectors for hearing-impaired persons. |
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(c) If a hotel patron requests a room with a smoke detector |
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and carbon monoxide detector for hearing-impaired persons, the |
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operator of the hotel shall: |
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(1) assign the patron to a room in which a hard-wired |
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smoke detector and carbon monoxide detector for hearing-impaired |
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persons have [has] been properly installed; or |
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(2) install in the patron's room a portable smoke |
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detector and carbon monoxide detector for hearing-impaired persons |
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using a receptacle that cannot be controlled by a wall switch. |
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(f) This section does not apply to a hotel the local fire |
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marshal certifies as not having any carbon monoxide-producing |
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sources on the hotel property. The hotel shall publicly display the |
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certificate in an area accessible by hotel guests. |
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SECTION 5. The heading to Section 792.003, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 792.003. SMOKE AND CARBON MONOXIDE DETECTOR LIST. |
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SECTION 6. Section 792.003(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) To qualify for use under this chapter, a smoke detector |
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and a carbon monoxide detector must be listed by the state fire |
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marshal after the devices have [device has] been tested and shown to |
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be effective by the state fire marshal or by a testing laboratory |
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under conditions and procedures approved by the state fire marshal. |
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SECTION 7. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 8. This Act takes effect September 1, 2027. |