82R5619 TJS-F
	By: Miller of Comal	H.B. No. 1168

	A BILL TO BE ENTITLED
	AN ACT
	relating to smoke alarms and fire extinguishers in residential
	rental units.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 92.006(a) and (b), Property Code, are
	amended to read as follows:
	(a)  A landlord's duty or a tenant's remedy concerning
	security deposits, security devices, the landlord's disclosure of
	ownership and management, or utility cutoffs, as provided by
	Subchapter C, D, E, or G, respectively, may not be waived. A
	landlord's duty to install a smoke alarm [detector] under
	Subchapter F may not be waived, nor may a tenant waive a remedy for
	the landlord's noninstallation or waive the tenant's limited right
	of installation and removal. The landlord's duty of inspection and
	repair of smoke alarms [detectors] under Subchapter F may be waived
	only by written agreement.
	(b)  A landlord's duties and the tenant's remedies concerning
	security devices, the landlord's disclosure of ownership and
	management, or smoke alarms [detectors], as provided by Subchapter
	D, E, or F, respectively, may be enlarged only by specific written
	agreement.
	SECTION 2.  The heading to Subchapter F, Chapter 92,
	Property Code, is amended to read as follows:
	SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS [DETECTORS]
	SECTION 3.  Sections 92.251, 92.252, 92.253, 92.254, 92.255,
	92.257, 92.2571, 92.258, and 92.259, Property Code, are amended to
	read as follows:
	Sec. 92.251.  DEFINITIONS [DEFINITION].  In this subchapter:
	(1)  [,] "Dwelling [dwelling] unit" means a home,
	mobile home, duplex unit, apartment unit, condominium unit, or any
	dwelling unit in a multiunit residential structure. It also means a
	"dwelling" as defined by Section 92.001.
	(2)  "Bedroom" means a room designed with the intent
	that it be used for sleeping purposes.
	(3)  "Smoke alarm" means a device designed to detect
	and to alert occupants of a dwelling unit to the visible and
	invisible products of combustion by means of an audible alarm.
	Sec. 92.252.  APPLICATION OF OTHER LAW; MUNICIPAL
	REGULATION. (a)  The duties of a landlord and the remedies of a
	tenant under this subchapter are in lieu of common law, other
	statutory law, and local ordinances regarding a residential
	landlord's duty to install, inspect, or repair a fire extinguisher
	or smoke alarm [detector] in a dwelling unit. However, this
	subchapter does not:
	(1)  affect a local ordinance adopted before September
	1, 1981, that requires landlords to install smoke alarms
	[detectors] in new or remodeled dwelling units before September 1,
	1981, if the ordinance conforms with or is amended to conform with
	this subchapter;
	(2)  limit or prevent adoption or enforcement of a
	local ordinance relating to fire safety as a part of a building,
	fire, or housing code, including any requirements relating to the
	installation of smoke alarms [detectors] or the type of smoke
	alarms [detectors];
	(3)  otherwise limit or prevent the adoption of a local
	ordinance that conforms to this subchapter but which contains
	additional enforcement provisions, except as provided by
	Subsection (b); or
	(4)  affect a local ordinance that requires regular
	inspections by local officials of smoke alarms [detectors] in
	dwelling units and that requires smoke alarms [detectors] to be
	operational at the time of inspection.
	(b)  If a smoke alarm [detector] powered by battery has been
	installed in a dwelling unit built before September 1, 1987, in
	compliance with this subchapter and local ordinances, a local
	ordinance may not require that a smoke alarm [detector] powered by
	alternating current be installed in the unit unless:
	(1)  the interior of the unit is repaired, remodeled,
	or rebuilt at a projected cost of more than $5,000 [$2,500] and the
	repair, remodeling, or rebuilding requires a municipal building
	permit;
	(2)  an addition occurs to the unit at a projected cost
	of more than $5,000 [$2,500];
	(3)  a smoke alarm [detector] powered by alternating
	current was actually installed in the unit at any time prior to
	September 1, 1987; or
	(4)  a smoke alarm [detector] powered by alternating
	current was required by lawful city ordinance at the time of initial
	construction of the unit.
	Sec. 92.253.  EXEMPTIONS. (a)  This subchapter does not
	apply to:
	(1)  a dwelling unit that is occupied by its owner, no
	part of which is leased to a tenant;
	(2)  a dwelling unit in a building five or more stories
	in height in which smoke alarms [detectors] are required or
	regulated by local ordinance; or
	(3)  a nursing or convalescent home licensed by the
	[Texas] Department of State Health Services and certified to meet
	the Life Safety Code under federal law and regulations.
	(b)  Notwithstanding this subchapter, a person licensed [by
	the State Board of Insurance] to install fire alarms or fire
	detection devices under Chapter 6002 [Article 5.43-2], Insurance
	Code, shall comply with that chapter [article] when installing
	smoke alarms [detectors].
	Sec. 92.254.  SMOKE ALARM [DETECTOR]. (a)  A smoke alarm
	[detector] must be:
	(1)  designed to detect both the visible and invisible
	products of combustion;
	(2)  designed with an alarm audible to a person in the
	bedrooms it serves; and
	(3)  [powered by battery, alternating current, or other
	power source as required by local ordinance;
	[(4)]  tested and listed for use as a smoke alarm
	[detector] by Underwriters Laboratories, Inc., Factory Mutual
	Research Corporation, or United States Testing Company, Inc.[; and
	[(5)  in good working order.]
	(a-1)  If requested by a tenant as an accommodation for a
	person with a hearing-impairment disability or as required by law
	as a reasonable accommodation for a person with a
	hearing-impairment disability, a smoke alarm [detector] must, in
	addition to complying with Subsection (a), be capable of alerting a
	hearing-impaired person in the bedrooms it serves.
	(b)  Except as provided by Section 92.255(b), a smoke alarm
	may be powered by battery, alternating current, or other power
	source as required by local ordinance.  The power system and
	installation procedure of a security device that is electrically
	operated rather than battery operated must comply with applicable
	local ordinances.
	Sec. 92.255.  INSTALLATION AND LOCATION [IN NEW
	CONSTRUCTION]. (a)  A [Before the first tenant takes possession of
	a dwelling unit, the] landlord shall install at least one smoke
	alarm in [detector outside, but in the vicinity of,] each separate
	bedroom in a [the] dwelling unit.  In addition[, except]:
	(1)  if the dwelling unit is designed to use a single
	room for dining, living, and sleeping, the smoke alarm [detector]
	must be located inside the room;
	(2)  if multiple [the] bedrooms are served by the same
	corridor, at least one smoke alarm [detector] must be installed in
	the corridor between two [in the immediate vicinity] of the
	bedrooms; and
	(3)  if the dwelling unit has multiple levels, at least
	one smoke alarm must be [bedroom is] located on each [a] level
	[above the living and cooking area, the smoke detector for the
	bedrooms must be placed in the center of the ceiling directly above
	the top of the stairway].
	(b)  If a dwelling unit was occupied as a residence before
	September 1, 2011, or a certificate of occupancy was issued for the
	dwelling unit before that date, a smoke alarm installed in
	accordance with Subsection (a) may be powered by battery,
	alternating current, or other power source and is not required to be
	interconnected with other smoke alarms.
	(c)  A smoke alarm installed in a dwelling unit described by
	Subsection (b) must comply with any local ordinance in effect at the
	time the dwelling unit was first occupied or a certificate of
	occupancy was issued for the dwelling unit requiring the smoke
	alarm to be powered by alternating current or other power source.
	[In this section, "bedroom" means a room designed with the intent
	that it be used for sleeping purposes.]
	Sec. 92.257.  INSTALLATION PROCEDURE. (a)  Subject to
	Subsections (b) and (c), a smoke alarm [detector] must be installed
	according to the manufacturer's recommended procedures.
	(b)  A smoke alarm [detector] must be installed on a ceiling
	or wall. If on a ceiling, it must be no closer than six inches to a
	wall. If on a wall, it must be no closer than six inches and no
	farther than 12 inches from the ceiling.
	(c)  A smoke alarm [detector] may be located other than as
	required by Subsection (a) or (b) if a local ordinance or a local or
	state fire marshal approves.
	Sec. 92.2571.  ALTERNATIVE COMPLIANCE.  A landlord complies
	with the requirements of this subchapter relating to the provision
	of smoke alarms [detectors] in the dwelling unit if the landlord:
	(1)  has a fire detection device, as defined by Section
	6002.002 [Article 5.43-2], Insurance Code, that includes a fire
	alarm [smoke detection] device, as defined by Section 6002.002,
	Insurance Code, 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.
	Sec. 92.258.  INSPECTION AND REPAIR. (a)  The landlord shall
	inspect and repair a smoke alarm [detector] according to this
	section.
	(b)  The landlord shall determine that the smoke alarm
	[detector] is in good working order at the beginning of the tenant's
	possession by testing the smoke alarm [detector] with smoke, by
	operating the testing button on the smoke alarm [detector], or by
	following other recommended test procedures of the manufacturer for
	the particular model.
	(c)  During the term of a lease or during a renewal or
	extension, the landlord has a duty to inspect and repair a smoke
	alarm [detector], but only if the tenant gives the landlord notice
	of a malfunction or requests to the landlord that the smoke alarm
	[detector] be inspected or repaired. This duty does not exist with
	respect to damage or a malfunction caused by the tenant, the
	tenant's family, or the tenant's guests or invitees during the term
	of the lease or a renewal or extension, except that the landlord has
	a duty to repair or replace the smoke alarm [detector] if the tenant
	pays in advance the reasonable repair or replacement cost,
	including labor, materials, taxes, and overhead.
	(d)  The landlord must comply with the tenant's request for
	inspection or repair of a smoke alarm within a reasonable time,
	considering the availability of material, labor, and utilities.
	(e)  The landlord has met the duty to inspect and repair if
	the smoke alarm [detector] is in good working order after the
	landlord tests the smoke alarm [detector] with smoke, operates the
	testing button on the smoke alarm [detector], or follows other
	recommended test procedures of the manufacturer for the particular
	model.
	(f)  The landlord is not obligated to provide batteries for a
	battery-operated smoke alarm [detector] after a tenant takes
	possession if the smoke alarm [detector] was in good working order
	at the time the tenant took possession.
	(g)  A smoke alarm [detector] that is in good working order
	at the beginning of a tenant's possession is presumed to be in good
	working order until the tenant requests repair of the smoke alarm
	[detector] as provided by this subchapter.
	Sec. 92.259.  LANDLORD'S FAILURE TO INSTALL, INSPECT, OR
	REPAIR. (a)  A landlord is liable according to this subchapter if:
	(1)  the landlord did not install a smoke alarm
	[detector] at the time of initial occupancy by the tenant as
	required by this subchapter or a municipal ordinance permitted by
	this subchapter; or
	(2)  the landlord does not install, inspect, or repair
	the smoke alarm [detector] on or before the seventh day after the
	date the tenant gives the landlord written notice that the tenant
	may exercise his remedies under this subchapter if the landlord
	does not comply with the request within seven days.
	(b)  If the tenant gives notice under Subsection (a)(2) and
	the tenant's lease is in writing, the lease may require the tenant
	to make the initial request for installation, inspection, or repair
	of a smoke alarm in writing.
	SECTION 4.  The heading to Section 92.2611, Property Code,
	is amended to read as follows:
	Sec. 92.2611.  TENANT'S DISABLING OF A SMOKE ALARM
	[DETECTOR].
	SECTION 5.  Section 92.2611, Property Code, is amended by
	amending Subsections (a), (b), (c), (d), and (f) and adding
	Subsection (d-1) to read as follows:
	(a)  A tenant is liable according to this subchapter if the
	tenant removes a battery from a smoke alarm [detector] without
	immediately replacing it with a working battery or knowingly
	disconnects or intentionally damages a smoke alarm [detector],
	causing it to malfunction.
	(b)  Except as provided in Subsection (c), a landlord of a
	tenant who is liable under Subsection (a) may obtain a judgment
	against the tenant for damages suffered by the landlord because the
	tenant removed a battery from a smoke alarm [detector] without
	immediately replacing it with a working battery or knowingly
	disconnected or intentionally damaged the smoke alarm [detector],
	causing it to malfunction.
	(c)  A tenant is not liable for damages suffered by the
	landlord if the damage is caused by the landlord's failure to repair
	the smoke alarm [detector] within a reasonable time after the
	tenant requests it to be repaired, considering the availability of
	material, labor, and utilities.
	(d)  A landlord of a tenant who is liable under Subsection
	(a) may obtain or exercise one or more of the remedies in Subsection
	(e) if:
	(1)  a lease between the landlord and tenant contains a
	notice, in underlined or boldfaced print, which states in substance
	that the tenant must not disconnect or intentionally damage a smoke
	alarm [detector] or remove the battery without immediately
	replacing it with a working battery and that the tenant may be
	subject to damages, civil penalties, and attorney's fees under
	Section 92.2611 of the Property Code for not complying with the
	notice; and
	(2)  the landlord has given notice to the tenant that
	the landlord intends to exercise the landlord's remedies under this
	subchapter if the tenant does not reconnect, repair, or replace the
	smoke alarm [detector] or replace the removed battery within seven
	days after being notified by the landlord to do so.
	(d-1)  The notice in Subsection (d)(2) [Subdivision (2)]
	must be in a separate document furnished to the tenant after the
	landlord has discovered that the tenant has disconnected or damaged
	the smoke alarm [detector] or removed a battery from it.
	(f)  A tenant's guest or invitee who suffers damage because
	of a landlord's failure to install, inspect, or repair a smoke alarm
	[detector] as required by this subchapter may recover a judgment
	against the landlord for the damage. A tenant's guest or invitee
	who suffers damage because the tenant removed a battery without
	immediately replacing it with a working battery or because the
	tenant knowingly disconnected or intentionally damaged the smoke
	alarm [detector], causing it to malfunction, may recover a judgment
	against the tenant for the damage.
	SECTION 6.  Subchapter F, Chapter 92, Property Code, is
	amended by adding Sections 92.263 and 92.264 to read as follows:
	Sec. 92.263.  INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER.
	(a) If a landlord has installed a 1A10BC residential fire
	extinguisher as defined by the National Fire Protection Association
	or other non-rechargeable fire extinguisher in accordance with a
	local ordinance or other law, the landlord or the landlord's agent
	shall inspect the fire extinguisher:
	(1)  at the beginning of a tenant's possession; and
	(2)  within a reasonable time after receiving a written
	request by a tenant.
	(b)  At a minimum, an inspection under this section must
	include:
	(1)  checking to ensure the fire extinguisher gauge or
	pressure indicator indicates the correct pressure; and
	(2)  following any other routine inspection procedures
	recommended by the manufacturer of the fire extinguisher.
	(c)  A fire extinguisher that satisfies the inspection
	requirements of Subsection (b) at the beginning of a tenant's
	possession is presumed to be in good working order until the tenant
	requests an inspection in writing.
	Sec. 92.264.  DUTY TO REPAIR OR REPLACE. (a)  The landlord
	shall repair or replace a fire extinguisher at the landlord's
	expense if:
	(1)  on inspection, the fire extinguisher is found not
	to be functioning; or
	(2)  a tenant has notified the landlord that the tenant
	has used the fire extinguisher for a legitimate purpose.
	(b)  If the tenant or the tenant's invited guest removes,
	misuses, damages, or otherwise disables a fire extinguisher:
	(1)  the landlord is not required to repair or replace
	the fire extinguisher at the landlord's expense; and
	(2)  the landlord is required to repair or replace the
	fire extinguisher if the tenant pays in advance the reasonable
	repair or replacement cost, including labor, materials, taxes, and
	overhead.
	SECTION 7.  Section 92.256, Property Code, is repealed.
	SECTION 8.  With respect to a dwelling unit first occupied or
	for which a certificate of occupancy was issued before September 1,
	2011, a landlord shall comply with the change in law made by Section
	92.255, Property Code, as amended by this Act, on or before January
	1, 2013.
	SECTION 9.  This Act takes effect September 1, 2011.