Bill Text: TX HB4358 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to smoke alarms and carbon monoxide alarms in residential rental units.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-25 - Referred to Business & Industry [HB4358 Detail]
Download: Texas-2019-HB4358-Introduced.html
86R13309 BEE-D | ||
By: Sanford | H.B. No. 4358 |
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relating to smoke alarms and carbon monoxide alarms 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 and carbon monoxide alarm | ||
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 and carbon monoxide alarms | ||
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 and carbon monoxide alarms, as provided | ||
by Subchapter D, E, or F, respectively, may be enlarged only by | ||
specific written agreement. | ||
SECTION 2. Subchapter F, Chapter 92, Property Code, is | ||
amended to read as follows: | ||
SUBCHAPTER F. SMOKE ALARMS, CARBON MONOXIDE ALARMS, AND FIRE | ||
EXTINGUISHERS | ||
Sec. 92.251. DEFINITIONS. In this subchapter: | ||
(1) "Bedroom" means a room designed with the intent | ||
that it be used for sleeping purposes. | ||
(2) "Carbon monoxide alarm" means a device designed to | ||
detect and to alert occupants of a dwelling unit to the presence of | ||
a harmful carbon monoxide source by means of an audible alarm. | ||
(3) "Carbon monoxide source" means: | ||
(A) a heater, furnace, fireplace, or cooking | ||
source that uses coal, kerosene, petroleum products, wood, or | ||
another fuel that emits carbon monoxide as a by-product of | ||
combustion; or | ||
(B) an attached garage. | ||
(4) [ |
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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. | ||
(5) [ |
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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, | ||
[ |
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However, this subchapter does not: | ||
(1) affect a local ordinance adopted before January 1, | ||
2020 [ |
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alarms or carbon monoxide alarms in new or remodeled dwelling units | ||
before January 1, 2020 [ |
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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 or carbon monoxide alarms or the type | ||
of smoke alarms or carbon monoxide alarms; | ||
(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 | ||
Subsections [ |
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(4) affect a local ordinance that requires regular | ||
inspections by local officials of smoke alarms or carbon monoxide | ||
alarms in dwelling units and that requires smoke alarms or carbon | ||
monoxide alarms to be operational at the time of inspection. | ||
(b) If a smoke alarm 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 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 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; | ||
(3) a smoke alarm powered by alternating current was | ||
actually installed in the unit at any time prior to September 1, | ||
1987; or | ||
(4) a smoke alarm powered by alternating current was | ||
required by lawful city ordinance at the time of initial | ||
construction of the unit. | ||
(c) If a carbon monoxide alarm powered by battery has been | ||
installed in a dwelling unit built before January 1, 2020, in | ||
compliance with this subchapter and local ordinances, a local | ||
ordinance may not require that a carbon monoxide alarm 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 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; | ||
(3) a carbon monoxide alarm powered by alternating | ||
current was actually installed in the unit at any time before | ||
January 1, 2020; or | ||
(4) a carbon monoxide alarm 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 and carbon monoxide alarms are | ||
required or regulated by local ordinance; or | ||
(3) a nursing or convalescent home licensed by the | ||
Department of State Health Services and certified to meet the Life | ||
Safety Code under federal law and regulations. | ||
(a-1) The provisions of this subchapter relating to carbon | ||
monoxide alarms apply to a dwelling unit in a building only if a | ||
heater, furnace, fireplace, or cooking source that uses coal, | ||
kerosene, petroleum products, wood, or another fuel that emits | ||
carbon monoxide as a by-product of combustion is installed in the | ||
building. | ||
(b) Notwithstanding this subchapter, a person licensed to | ||
install fire alarms or fire detection devices under Chapter 6002, | ||
Insurance Code, shall comply with that chapter when installing | ||
smoke alarms. | ||
Sec. 92.254. SMOKE ALARM; CARBON MONOXIDE ALARM. (a) A | ||
smoke alarm 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 | ||
occupancy areas [ |
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(3) tested and listed for use as a smoke alarm by | ||
Underwriters Laboratories, Inc., Factory Mutual Research | ||
Corporation, or United States Testing Company, Inc. | ||
(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, each [ |
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monoxide alarm must, in addition to complying with Subsection (a), | ||
be capable of alerting a hearing-impaired person in the occupancy | ||
areas [ |
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(b) Except as provided by Section 92.255(b) or (c), as | ||
applicable, a smoke alarm or carbon monoxide alarm may be powered by | ||
a 10-year sealed non-removable 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. | ||
(c) A carbon monoxide alarm must be: | ||
(1) designed to detect the presence of a harmful level | ||
of carbon monoxide; | ||
(2) designed with an alarm audible to a person in the | ||
occupancy area it serves; and | ||
(3) tested and listed for use as a carbon monoxide | ||
alarm by Underwriters Laboratories, Inc., Factory Mutual Research | ||
Corporation, or United States Testing Company, Inc. | ||
Sec. 92.255. INSTALLATION AND LOCATION. (a) A landlord | ||
shall install at least one smoke alarm and at least one carbon | ||
monoxide alarm in each separate bedroom in a dwelling unit. In | ||
addition: | ||
(1) if the dwelling unit is designed to use a single | ||
room for dining, living, and sleeping, the smoke alarm and the | ||
carbon monoxide alarm must be located inside the room; | ||
(2) if multiple bedrooms are served by the same | ||
corridor, at least one smoke alarm and one carbon monoxide alarm | ||
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 and one carbon monoxide alarm must be located on | ||
each level. | ||
(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). | ||
(c) If a dwelling unit was occupied as a residence before | ||
January 1, 2020, or a certificate of occupancy was issued for the | ||
dwelling unit before that date, a carbon monoxide alarm installed | ||
in accordance with Subsection (a) may be powered by battery and is | ||
not required to be interconnected with other carbon monoxide | ||
alarms, except that a carbon monoxide alarm that is installed to | ||
replace a carbon monoxide 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(c). | ||
Sec. 92.257. INSTALLATION PROCEDURE. (a) Subject to | ||
Subsections (b) and (c), a smoke alarm or carbon monoxide alarm must | ||
be installed according to the manufacturer's recommended | ||
procedures. | ||
(b) A smoke alarm or carbon monoxide alarm 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 or carbon monoxide alarm 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 FOR SMOKE ALARMS. A | ||
landlord complies with the requirements of this subchapter relating | ||
to the provision of smoke alarms in the dwelling unit if the | ||
landlord: | ||
(1) has a fire detection device, as defined by Section | ||
6002.002, Insurance Code, that includes a fire alarm 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 or carbon monoxide alarm according | ||
to this section. | ||
(b) The landlord shall determine that a [ |
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carbon monoxide alarm is in good working order at the beginning of | ||
the tenant's possession by: | ||
(1) [ |
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the testing button on the smoke alarm or carbon monoxide alarm; | ||
(2) [ |
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procedures of the manufacturer for the particular model of smoke | ||
alarm or carbon monoxide alarm; or | ||
(3) for a smoke alarm, testing with smoke. | ||
(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 or carbon monoxide alarm, but only if the tenant gives the | ||
landlord notice of a malfunction or requests to the landlord that | ||
the smoke alarm or carbon monoxide alarm 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 or carbon monoxide alarm 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 or carbon monoxide alarm | ||
within a reasonable time, considering the availability of material, | ||
labor, and utilities. | ||
(e) The landlord has met the duty to inspect and repair a | ||
smoke alarm or carbon monoxide alarm if the [ |
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working order after the landlord: | ||
(1) [ |
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testing button on the smoke alarm or carbon monoxide alarm; | ||
(2) [ |
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of the manufacturer for the particular model of smoke alarm or | ||
carbon monoxide alarm; or | ||
(3) if testing a smoke alarm, tests the smoke alarm | ||
with smoke. | ||
(f) The landlord is not obligated to provide batteries for a | ||
battery-operated smoke alarm or carbon monoxide alarm having a | ||
removable battery after a tenant takes possession if: | ||
(1) the smoke alarm or carbon monoxide alarm was | ||
installed before January 1, 2020; and | ||
(2) the smoke alarm or carbon monoxide alarm was in | ||
good working order at the time the tenant took possession. | ||
(g) A smoke alarm or carbon monoxide alarm 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 or carbon monoxide alarm 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 or | ||
carbon monoxide alarm 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 | ||
a [ |
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seventh day after the date the tenant gives the landlord written | ||
notice that the tenant may exercise the tenant's [ |
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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 or carbon monoxide alarm in writing. | ||
Sec. 92.260. TENANT REMEDIES. A tenant of a landlord who is | ||
liable under Section 92.259 may obtain or exercise one or more of | ||
the following remedies: | ||
(1) a court order directing the landlord to comply | ||
with the tenant's request if the tenant is in possession of the | ||
dwelling unit; | ||
(2) a judgment against the landlord for damages | ||
suffered by the tenant because of the landlord's violation; | ||
(3) a judgment against the landlord for a civil | ||
penalty of one month's rent plus $100 if the landlord violates | ||
Section 92.259(a)(2); | ||
(4) a judgment against the landlord for court costs; | ||
(5) a judgment against the landlord for attorney's | ||
fees in an action under Subdivision (1) or (3); and | ||
(6) unilateral termination of the lease without a | ||
court proceeding if the landlord violates Section 92.259(a)(2). | ||
Sec. 92.261. LANDLORD'S DEFENSES. The landlord has a | ||
defense to liability under Section 92.259 if: | ||
(1) on the date the tenant gives the notice required by | ||
Section 92.259 the tenant has not paid all rent due from the tenant; | ||
or | ||
(2) on the date the tenant terminates the lease or | ||
files suit the tenant has not fully paid costs requested by the | ||
landlord and authorized by Section 92.258. | ||
Sec. 92.2611. TENANT'S DISABLING OF A SMOKE ALARM OR CARBON | ||
MONOXIDE ALARM. (a) Except as otherwise provided by this section, | ||
a [ |
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(1) removes a battery from a smoke alarm or carbon | ||
monoxide alarm without immediately replacing the battery [ |
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a working battery; or | ||
(2) knowingly disconnects or intentionally damages a | ||
smoke alarm or carbon monoxide alarm, causing the smoke alarm or | ||
carbon monoxide alarm [ |
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(b) Except as provided by this section [ |
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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: | ||
(1) removed a battery from a smoke alarm or carbon | ||
monoxide alarm without immediately replacing the battery [ |
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a working battery; or | ||
(2) knowingly disconnected or intentionally damaged a | ||
[ |
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or carbon monoxide alarm [ |
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(b-1) A tenant is not liable under Subsection (a) and a | ||
landlord may not obtain a judgment against a tenant under | ||
Subsection (b) if: | ||
(1) it is determined that the sensing unit of a carbon | ||
monoxide alarm from which a tenant removed a battery or that a | ||
tenant disconnected or damaged had stopped functioning before the | ||
removal, disconnection, or damage; and | ||
(2) the tenant notified the landlord that the sensing | ||
unit of the carbon monoxide alarm no longer functioned not more than | ||
seven days after the date the tenant made that determination. | ||
(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 or carbon monoxide alarm 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: | ||
(A) must not disconnect or intentionally damage a | ||
smoke alarm or remove the battery without immediately replacing the | ||
battery [ |
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(B) must not disconnect or intentionally damage a | ||
carbon monoxide alarm or remove the battery without immediately | ||
replacing the battery with a working battery, unless the tenant | ||
determines that the carbon monoxide sensing unit no longer | ||
functions and notifies the landlord not more than seven days after | ||
the date the tenant makes that determination; and | ||
(C) [ |
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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 or carbon monoxide alarm or replace a battery [ |
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removed from a smoke alarm or carbon monoxide alarm with a working | ||
battery within seven days after being notified by the landlord to do | ||
so. | ||
(d-1) The notice in Subsection (d)(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 or | ||
carbon monoxide alarm or removed a battery from the alarm [ |
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(e) If a tenant is liable under Subsection (a) and the | ||
tenant does not comply with the landlord's notice under Subsection | ||
(d), the landlord shall have the following remedies against the | ||
tenant: | ||
(1) a court order directing the tenant to comply with | ||
the landlord's notice; | ||
(2) a judgment against the tenant for a civil penalty | ||
of one month's rent plus $100; | ||
(3) a judgment against the tenant for court costs; and | ||
(4) a judgment against the tenant for reasonable | ||
attorney's fees. | ||
(f) A tenant's guest or invitee who suffers damage because | ||
of a landlord's failure to install, inspect, or repair a smoke alarm | ||
or carbon monoxide alarm as required by this subchapter may recover | ||
a judgment against the landlord for the damage. A tenant's guest or | ||
invitee may recover a judgment against the tenant for damage | ||
suffered [ |
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(1) removed a battery from a smoke alarm or carbon | ||
monoxide alarm without immediately replacing the battery [ |
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a working battery; | ||
(2) [ |
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intentionally damaged a [ |
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causing it to malfunction; or | ||
(3) determined a carbon monoxide alarm's sensing unit | ||
no longer functioned and did not notify the landlord on or before | ||
the seventh day after the date the tenant made that determination [ |
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Sec. 92.262. AGENTS FOR DELIVERY OF NOTICE. A managing or | ||
leasing agent, whether residing or maintaining an office on-site or | ||
off-site, is the agent of the landlord for purposes of notice and | ||
other communications required or permitted by this subchapter. | ||
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 3. With respect to a dwelling unit first occupied or | ||
for which a certificate of occupancy was issued before September 1, | ||
2019, a landlord shall comply with the change in law made by this | ||
Act not later than January 1, 2020. | ||
SECTION 4. This Act takes effect September 1, 2019. |