H.B. No. 1168
 
 
 
 
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)  "Bedroom" means a room designed with the intent
  that it be used for sleeping purposes.
               (2)  "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.
               (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:
                     (A)  the repair, remodeling, or rebuilding
  requires a municipal building permit; and
                     (B)  either:
                           (i)  the repair, remodeling, or rebuilding
  results in the removal of interior walls or ceiling finishes
  exposing the structure; or
                           (ii)  the interior of the unit provides
  access for building wiring through an attic, crawl space, or
  basement without the removal of interior walls or ceiling finishes;
               (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 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 and is not
  required to be interconnected with other smoke alarms, except that
  a smoke alarm that is installed to replace a smoke alarm that was in
  place on the date the dwelling unit was first occupied as a
  residence must comply with residential building code standards that
  applied to the dwelling unit on that date or Section 92.252(b). [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 or otherwise located in accordance with the manufacturer's
  installation instructions. If on a wall, it must be no closer than
  six inches and no farther than 12 inches from the ceiling or
  otherwise located in accordance with the manufacturer's
  installation instructions.
         (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 is
  present; and
               (2)  checking to ensure the fire extinguisher gauge or
  pressure indicator indicates the correct pressure as 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:
                     (A)  not to be functioning; or
                     (B)  not to have the correct pressure indicated on
  the gauge or pressure indicator as recommended by the manufacturer
  of the fire extinguisher; 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 within a reasonable time 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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1168 was passed by the House on April
  26, 2011, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1168 on May 23, 2011, by the following vote:  Yeas 144, Nays 3,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1168 was passed by the Senate, with
  amendments, on May 19, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor