H.B. No. 2118
 
 
 
 
AN ACT
  relating to licensing and regulation of residential fire alarm
  technicians and regulation and installation of fire detection and
  alarm devices.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2, Article 5.43-2, Insurance Code, is
  amended by amending Subdivision (8) and adding Subdivision (17) to
  read as follows:
               (8)  "Monitoring" means the receipt of fire alarm and
  supervisory signals [and retransmission] or communication of those
  signals to a fire service communications center that is located in
  this state or serves property in this state.
               (17)  "Residential fire alarm technician" means a
  licensed individual who is designated by a registered firm to
  install, service, inspect, and certify residential single-family
  or two-family fire alarm or detection systems.
         SECTION 2.  Section 3, Article 5.43-2, Insurance Code, is
  amended by amending Subsection (b) and adding Subsections (d) and
  (e) to read as follows:
         (b)  The licensing provisions of this article shall not apply
  to:
               (1)  a person or organization in the business of
  building construction that installs electrical wiring and devices
  that may include in part the installation of a fire alarm or
  detection system if:
                     (A)  the person or organization is a party to a
  contract that provides that the installation will be performed
  under the direct supervision of and certified by a licensed
  employee or agent of a firm registered to install and certify such
  an alarm or detection device and that the registered firm assumes
  full responsibility for the installation of the alarm or detection
  device; and
                     (B)  the person or organization does not plan,
  certify, lease, sell, service, or maintain fire alarms or detection
  devices or systems;
               (2)  a person or organization that owns and installs
  fire detection or fire alarm devices on the person's or
  organization's own property or, if the person or organization does
  not charge for the device or its installation, installs it for the
  protection of the person's or organization's personal property
  located on another's property and does not install the devices as a
  normal business practice on the property of another;
               (3)  a person who holds a license or other form of
  permission issued by an incorporated city or town to practice as an
  electrician and who installs fire or smoke detection and alarm
  devices in no building other than a single family or multifamily
  residence if:
                     (A)  the devices installed are:
                           (i)  single station detectors; or
                           (ii)  multiple station detectors capable of
  being connected in such a manner that actuation of one detector
  causes all integral or separate alarms to operate, if the detectors
  are not connected to a control panel or to an outside alarm, do not
  transmit a signal off the premises, and do not use more than 120
  volts; and
                     (B)  all installations comply with provisions of
  the adopted edition of [Household Fire Warning Equipment,] National
  Fire Protection Association Standard No. 72 [74];
               (4)  a person or organization that sells fire detection
  or fire alarm devices if the sales are exclusively over-the-counter
  or by mail order and if the person or organization does not plan,
  certify, install, service, or maintain this equipment;
               (5)  response to a fire alarm or detection device by a
  law enforcement agency or fire department or by a law enforcement
  officer or fireman acting in an official capacity;
               (6)  a Texas registered professional engineer acting
  solely in his professional capacity;
               (7)  a person or an organization that provides and
  installs at no charge to the property owners or residents a
  battery-powered smoke detector in a single-family or two-family
  residence if:
                     (A)  the smoke detector bears a label of listing
  or approval by a testing laboratory approved by the State Board of
  Insurance;
                     (B)  the installation complies with provisions of
  the adopted edition of National Fire Protection Association
  Standard No. 72 [74];
                     (C)  the installers are knowledgeable in fire
  protection and the proper use of smoke detectors; and
                     (D)  the detector is a single station installation
  and not a part of or connected to any other detection device or
  system;
               (8)  an [a regular] employee of a registered firm who is
  under the direct on-site supervision of a licensee;
               (9)  a building owner, the owner's managing agent, or
  their employees who install battery-operated single-station smoke
  detectors or who monitor fire alarm or fire detection devices or
  systems in the owner's building, and in which the monitoring is
  performed at the owner's property and monitored at no charge to the
  occupants of the building, and complies with applicable standards
  of the National Fire Protection Association as may be adopted by
  rule promulgated under this Act, and utilizes equipment approved by
  a testing laboratory approved by the State Board of Insurance for
  fire alarm monitoring;
               (10)  a person employed by a registered firm that sells
  and installs a smoke or heat detector in a single-family or
  two-family residence if:
                     (A)  the detector bears a label of listing or
  approval by a testing laboratory approved by the State Board of
  Insurance;
                     (B)  the installation complies with provisions of
  the adopted edition of National Fire Protection Association
  Standard No. 72 [74];
                     (C)  the installers are knowledgeable in fire
  protection and the proper use and placement of detectors; and
                     (D)  the detector is a single station installation
  and not a part of or connected to any other detection device or
  system; or
               (11)  a person or organization licensed to install or
  service burglar alarms under Chapter 1702, Occupations Code, [the
  Private Investigators and Private Security Agencies Act (Article
  4413(29bb), Vernon's Texas Civil Statutes)] that provides and
  installs in a single-family or two-family residence a combination
  keypad that includes a panic button to initiate a fire alarm signal
  if the fire alarm signal:
                     (A)  is monitored by a fire alarm firm registered
  under this article; and
                     (B)  is not initiated by any fire or smoke
  detection device.
         (d)  A political subdivision may not require a registered
  firm, a licensee, or an employee of a registered firm to maintain a
  business location or residency within that political subdivision to
  engage in a business or perform any activity authorized under this
  article.
         (e)  A municipality or county may by ordinance require a
  registered firm to make a telephone call to a monitored property
  before the firm notifies the municipality or county of an alarm
  signal received by the firm from a fire detection device.
         SECTION 3.  Section 5, Article 5.43-2, Insurance Code, is
  amended by adding Subsection (c-1) to read as follows:
         (c-1)  A residential fire alarm technician must obtain a
  license issued by the board. The amount of the initial fee for the
  license may not exceed $50, and the amount of the annual license
  renewal fee may not exceed $50.
         SECTION 4.  Sections 5B(e) and (f), Article 5.43-2,
  Insurance Code, are amended to read as follows:
         (e)  For a person who is licensed to install or service
  burglar alarms under Chapter 1702, Occupations Code [the Private
  Investigators and Private Security Agencies Act, as amended
  (Article 4413(29bb), Vernon's Texas Civil Statutes)], compliance
  with the insurance requirements of that chapter [Act] constitutes
  compliance with the insurance requirements of this section if the
  insurance held by the person complies with the requirements of this
  section in amounts and types of coverage.
         (f)  For a person who is licensed to install or service
  burglar alarms under Chapter 1702, Occupations Code [the Private
  Investigators and Private Security Agencies Act, as amended
  (Article 4413(29bb), Vernon's Texas Civil Statutes)], compliance
  with the bond and insurance requirements of that chapter [Act]
  constitutes compliance with the bond and insurance requirements of
  this section.
         SECTION 5.  Section 5D, Article 5.43-2, Insurance Code, is
  amended by adding Subsection (a-2) and amending Subsection (d) to
  read as follows:
         (a-2)  An applicant for a residential fire alarm technician
  license must provide with the required license application evidence
  of the applicant's successful completion of the required
  instruction from a training school approved by the State Fire
  Marshal in accordance with this section.
         (d)  The training curriculum for a residential fire alarm
  technician course shall consist of at least eight hours of
  instruction on installing, servicing, and maintaining
  single-family and two-family residential fire alarm systems as
  defined by National Fire Protection Association Standard No. 72
  [The training curriculum for a fire alarm technician and a
  residential fire alarm superintendent course shall consist of 16
  hours of classroom instruction on all categories of licensure].
         SECTION 6.  Article 5.43-2, Insurance Code, is amended by
  adding Section 5G to read as follows:
         Sec. 5G.  CONFIDENTIALITY OF RECORDS. Records maintained by
  the department under this article on the home address, home
  telephone number, driver's license number, or social security
  number of an applicant or a license or registration holder are
  confidential and are not subject to mandatory disclosure under
  Chapter 552, Government Code.
         SECTION 7.  Section 6A, Article 5.43-2, Insurance Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  The commissioner may not adopt a rule to administer this
  article that requires a person who holds a license under this
  article to obtain additional certification that imposes a financial
  responsibility on the licensee.
         SECTION 8.  Section 7, Article 5.43-2, Insurance Code, is
  amended by amending Subsection (b) and adding Subsection (f) to
  read as follows:
         (b)  Except as provided by Subsection (c), a political
  subdivision may not offer [residential] alarm system sales,
  service, installation, or monitoring unless it has been providing
  monitoring services [to residences] within the boundaries of the
  political subdivision as of September 1, 1999. Any fee charged by
  the political subdivision may not exceed the cost of the
  monitoring.
         (f)  A residential fire alarm technician may only provide
  direct on-site supervision to an employee of a registered firm for
  work performed under this article in a single-family or two-family
  dwelling.
         SECTION 9.  Sections 9(d) and (e), Article 5.43-2, Insurance
  Code, are amended to read as follows:
         (d)  No fire detection or fire alarm device may be sold or
  installed in this state unless accompanied by printed information
  supplied to the owner by the supplier or installing contractor
  concerning:
               (1)  instructions describing the installation,
  operation, testing, and proper maintenance of the device;
               (2)  information which will aid in establishing an
  emergency evacuation plan for the protected premises; [and]
               (3)  the telephone number and location, including
  notification procedures, of the nearest fire department; and
               (4)  information that will aid in reducing the number
  of false fire alarms.
         (e)  Each registered firm that employs persons that are
  exempt from the licensing provisions of this article pursuant to
  Section 3(b)(10) of this article is required to appropriately train
  and supervise such exempt persons so as to ensure that each
  installation complies with the adopted provisions of National Fire
  Protection Association Standard No. 72 [74] or other adopted
  standards, that each smoke or heat detector installed or sold
  carries a label or listing of approval by a testing laboratory
  approved by the State Board of Insurance, and that such exempt
  persons are knowledgeable in fire protection and the proper use and
  placement of detectors.
         SECTION 10.  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
  home improvement to the dwelling that requires the issuance of a
  building permit 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.
         Sec. 766.0021.  SMOKE DETECTOR FOR HEARING-IMPAIRED
  PERSONS.  (a)  A purchaser under a written contract for the sale of a
  one-family or two-family dwelling may require the seller to install
  smoke detectors for hearing-impaired persons if:
               (1)  the purchaser or a member of the purchaser's family
  who will reside in the dwelling is a hearing-impaired person;
               (2)  the purchaser provides written evidence of the
  hearing impairment signed by a licensed physician; and
               (3)  not later than the 10th day after the effective
  date of the contract, the purchaser requests in writing that the
  seller install smoke detectors for hearing-impaired persons and
  specifies the locations in the dwelling where the smoke detectors
  are to be installed.
         (b)  If the seller is required to install smoke detectors for
  hearing-impaired persons under Subsection (a), the seller and
  purchaser may agree:
               (1)  which party will bear the cost of installing the
  smoke detectors; and
               (2)  which brand of smoke detectors to install.
         (c)  The seller must install the smoke detectors not later
  than the closing date of the sale of the dwelling.
         (d)  A purchaser may terminate the contract to purchase the
  dwelling if the seller fails to install smoke detectors for
  hearing-impaired persons as required by this section.
         Sec. 766.0025.  FRATERNITY AND SORORITY HOUSES. (a)  In
  this section, "fraternity or sorority house" means a dwelling that:
               (1)  is a separate structure and that is not a multiunit
  residential property composed of multiple independent residential
  units; and
               (2)  serves as living quarters for members of a
  fraternity or sorority.
         (b)  The owner of a fraternity or sorority house must have
  working smoke detectors installed in the fraternity house or
  sorority house in accordance with the smoke detector requirements
  of the building code in effect in the political subdivision in which
  the fraternity or sorority house is located, including performance,
  location, and power source requirements.
         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.
         SECTION 11.  Section 5.008(b), Property Code, is amended to
  read as follows:
         (b)  The notice must be executed and must, at a minimum, read
  substantially similar to the following:
  SELLER'S DISCLOSURE NOTICE
  CONCERNING THE PROPERTY AT___________________________________
  (Street Address and City)
 
         THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
  THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
  SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
  WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
  A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
  Seller __ is __ is not occupying the Property.
  If unoccupied, how long since Seller has occupied the Property?
  ________________________________________________________________
  1.  The Property has the items checked below:
  Write Yes (Y), No (N), or Unknown (U).
 
__ Range __ Oven __ Microwave
 
__ Dishwasher __ Trash Compactor __ Disposal
 
__ Washer/Dryer __ Window __ Rain Gutters
 
   Hookups    Screens
 
__ Security __ Fire Detection __ Intercom
 
   System    Equipment    System
 
__ Smoke Detector
 
__ Smoke Detector -
 
   Hearing Impaired
 
__ Carbon Monoxide
 
   Alarm
 
__ Emergency Escape
 
   Ladder(s)
 
__ TV Antenna __ Cable TV __ Satellite
 
   Wiring    Dish
 
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
 
   Fan(s)
 
__ Central A/C __ Central Heating __ Wall/Window Air
 
   Conditioning
 
__ Plumbing System __ Septic System __ Public Sewer
 
   System
 
__ Patio/Decking __ Outdoor Grill __ Fences
 
__ Pool __ Sauna __ Spa
 
__ Hot Tub
 
__ Pool Equipment __ Pool Heater __ Automatic Lawn
 
   Sprinkler
 
   System
 
__ Fireplace(s) & __ Fireplace(s) &
 
   Chimney    Chimney
 
   (Woodburning)    (Mock)
 
__ Gas Lines __ Gas Fixtures
 
   (Nat./LP)
 
Garage: __ Attached __ Not Attached __ Carport
 
Garage Door Opener(s): __ Electronic __ Control(s)
 
Water Heater: __ Gas __ Electric
 
Water Supply: __ City __ Well __ MUD __ Co-op
  Roof Type: ________________________________Age: _____(approx)
  Are you (Seller) aware of any of the above items that are not in
  working condition, that have known defects, or that are in need of
  repair?  __ Yes  __ No  __ Unknown.
  If yes, then describe. (Attach additional sheets if necessary):
  ________________________________________________________________
  ________________________________________________________________
  2.  Does the property have working smoke detectors installed in
  accordance with the smoke detector requirements of Chapter 766,
  Health and Safety Code? __Yes __No __Unknown.
  If the answer to the question above is no or unknown, explain.
  (Attach additional sheets if necessary): _________________________
  ________________________________________________________________
  ________________________________________________________________
  3.  Are you (Seller) aware of any known defects/malfunctions in any
  of the following?
  Write Yes (Y) if you are aware, write No (N) if you are not aware.
 
__ Interior Walls __ Ceilings __ Floors
 
__ Exterior Walls __ Doors __ Windows
 
__ Roof __ Foundation/ __ Basement
 
   Slab(s)
 
__ Walls/Fences __ Driveways __ Sidewalks
 
__ Plumbing/Sewers/ __ Electrical __ Lighting
 
   Septics    Systems    Fixtures
  __ Other Structural Components (Describe):____________________
  ________________________________________________________________
  ________________________________________________________________
  If the answer to any of the above is yes, explain. (Attach
  additional sheets if necessary):_____________________________
  ________________________________________________________________
  ________________________________________________________________
  4 [3].  Are you (Seller) aware of any of the following conditions?
  Write Yes (Y) if you are aware, write No (N) if you are not aware.
 
__ Active Termites __ Previous Structural
 
   (includes    or Roof Repair
 
   wood-destroying insects)
 
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
 
   Needing Repair
 
__ Previous Termite Damage __ Asbestos Components
 
__ Previous Termite __ Urea formaldehyde
 
   Treatment    Insulation
 
__ Previous Flooding __ Radon Gas
 
__ Improper Drainage __ Lead Based Paint
 
__ Water Penetration __ Aluminum Wiring
 
__ Located in 100-Year __ Previous Fires
 
   Floodplain
 
__ Present Flood Insurance __ Unplatted Easements
 
   Coverage
 
__ Landfill, Settling, Soil __ Subsurface
 
   Movement, Fault Lines    Structure or Pits
  If the answer to any of the above is yes, explain. (Attach
  additional sheets if necessary):_____________________________
  ________________________________________________________________
  ________________________________________________________________
  5 [4].  Are you (Seller) aware of any item, equipment, or system in
  or on the property that is in need of repair?  __ Yes (if you are
  aware) __ No (if you are not aware). If yes, explain (attach
  additional sheets as necessary). ________________________________
  6 [5].  Are you (Seller) aware of any of the following?
  Write Yes (Y) if you are aware, write No (N) if you are not aware.
 
__  Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
 
__  Homeowners' Association or maintenance fees or assessments.
 
__  Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
 
__  Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
 
__  Any lawsuits directly or indirectly affecting the Property.
 
__  Any condition on the Property which materially affects the physical health or safety of an individual.
  If the answer to any of the above is yes, explain. (Attach
  additional sheets if necessary):_____________________________
  ________________________________________________________________
  ________________________________________________________________
  _______________________________________________________
  Date                     Signature of Seller
  The undersigned purchaser hereby acknowledges receipt of the
  foregoing notice and acknowledges the property complies with the
  smoke detector requirements of Chapter 766, Health and Safety Code,
  or, if the property does not comply with the smoke detector
  requirements of Chapter 766, the buyer waives the buyer's rights to
  have smoke detectors installed in compliance with Chapter 766.
  _______________________________________________________
  Date                     Signature of Purchaser
         SECTION 12.  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 13.  The change in law made by this Act to Section
  5.008, Property Code, applies only to a notice executed on or after
  the effective date of this Act. A notice executed before the
  effective date of this Act is governed by the law in effect
  immediately before that date, and that law is continued in effect
  for that purpose.
         SECTION 14.  (a) Not later than March 1, 2008, the
  commissioner of insurance shall adopt the rules and forms necessary
  to implement the changes in law made by this Act to Article 5.43-2,
  Insurance Code.
         (b)  Notwithstanding Article 5.43-2, Insurance Code, a
  residential fire alarm technician is not required to obtain a
  license under that article before June 1, 2008.
         SECTION 15.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2118 was passed by the House on May 4,
  2007, by the following vote:  Yeas 135, Nays 6, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2118 on May 24, 2007, by the following vote:  Yeas 141, Nays 4,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2118 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor