89R9900 MCF-D
By: Morales of Harris H.B. No. 3209
A BILL TO BE ENTITLED
AN ACT
relating to carbon monoxide detectors in certain properties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 770 to read as follows:
CHAPTER 770. CARBON MONOXIDE DETECTORS IN CERTAIN PROPERTIES
Sec. 770.001. DEFINITIONS. In this chapter:
(1) "Carbon monoxide detector" means a device designed
to detect the presence of a harmful level of carbon monoxide gas and
sound a warning alarm.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
Sec. 770.002. APPLICABILITY. This chapter applies only to
the following properties for which construction begins on or after
September 1, 2025:
(1) residential real property as defined by Section
22.001, Business & Commerce Code;
(2) a multiunit residential property as defined by
Section 125.001, Civil Practice and Remedies Code;
(3) a residential facility as defined by Section
51.9362, Education Code;
(4) a commercial lodging establishment as defined by
Section 660.002, Government Code;
(5) a fraternity or sorority house as defined by
Section 766.0025; and
(6) any other residential property prescribed by
executive commissioner rule.
Sec. 770.003. REQUIRED INSTALLATION OF CARBON MONOXIDE
DETECTOR. (a) The owner of a property described by Section 770.002
shall ensure the property is equipped with a carbon monoxide
detector in accordance with rules adopted under this chapter.
(b) The owner of a property described by Section 770.002 may
not sell, lease, or otherwise transfer ownership of the property
unless the property is equipped with a carbon monoxide detector in
accordance with this chapter and rules adopted under this chapter.
Sec. 770.004. RULES. The executive commissioner shall
adopt the rules necessary to implement this chapter, including
rules prescribing for each type of property described by Section
770.002 the required placement, installation, and number of carbon
monoxide detectors and the maintenance procedures for the
detectors.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Chapter 770, Health and Safety Code, as added by this Act.
SECTION 3. The change in law made by this Act applies only
to a property described by Section 770.002, Health and Safety Code,
as added by this Act, for which construction begins on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2025.