| 1 | 1 | | 89R9900 MCF-D |
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| 2 | 2 | | By: Morales of Harris H.B. No. 3209 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to carbon monoxide detectors in certain properties. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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| 12 | 12 | | amended by adding Chapter 770 to read as follows: |
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| 13 | 13 | | CHAPTER 770. CARBON MONOXIDE DETECTORS IN CERTAIN PROPERTIES |
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| 14 | 14 | | Sec. 770.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Carbon monoxide detector" means a device designed |
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| 16 | 16 | | to detect the presence of a harmful level of carbon monoxide gas and |
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| 17 | 17 | | sound a warning alarm. |
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| 18 | 18 | | (2) "Executive commissioner" means the executive |
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| 19 | 19 | | commissioner of the Health and Human Services Commission. |
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| 20 | 20 | | Sec. 770.002. APPLICABILITY. This chapter applies only to |
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| 21 | 21 | | the following properties for which construction begins on or after |
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| 22 | 22 | | September 1, 2025: |
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| 23 | 23 | | (1) residential real property as defined by Section |
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| 24 | 24 | | 22.001, Business & Commerce Code; |
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| 25 | 25 | | (2) a multiunit residential property as defined by |
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| 26 | 26 | | Section 125.001, Civil Practice and Remedies Code; |
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| 27 | 27 | | (3) a residential facility as defined by Section |
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| 28 | 28 | | 51.9362, Education Code; |
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| 29 | 29 | | (4) a commercial lodging establishment as defined by |
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| 30 | 30 | | Section 660.002, Government Code; |
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| 31 | 31 | | (5) a fraternity or sorority house as defined by |
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| 32 | 32 | | Section 766.0025; and |
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| 33 | 33 | | (6) any other residential property prescribed by |
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| 34 | 34 | | executive commissioner rule. |
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| 35 | 35 | | Sec. 770.003. REQUIRED INSTALLATION OF CARBON MONOXIDE |
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| 36 | 36 | | DETECTOR. (a) The owner of a property described by Section 770.002 |
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| 37 | 37 | | shall ensure the property is equipped with a carbon monoxide |
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| 38 | 38 | | detector in accordance with rules adopted under this chapter. |
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| 39 | 39 | | (b) The owner of a property described by Section 770.002 may |
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| 40 | 40 | | not sell, lease, or otherwise transfer ownership of the property |
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| 41 | 41 | | unless the property is equipped with a carbon monoxide detector in |
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| 42 | 42 | | accordance with this chapter and rules adopted under this chapter. |
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| 43 | 43 | | Sec. 770.004. RULES. The executive commissioner shall |
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| 44 | 44 | | adopt the rules necessary to implement this chapter, including |
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| 45 | 45 | | rules prescribing for each type of property described by Section |
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| 46 | 46 | | 770.002 the required placement, installation, and number of carbon |
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| 47 | 47 | | monoxide detectors and the maintenance procedures for the |
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| 48 | 48 | | detectors. |
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| 49 | 49 | | SECTION 2. As soon as practicable after the effective date |
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| 50 | 50 | | of this Act, the executive commissioner of the Health and Human |
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| 51 | 51 | | Services Commission shall adopt rules necessary to implement |
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| 52 | 52 | | Chapter 770, Health and Safety Code, as added by this Act. |
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| 53 | 53 | | SECTION 3. The change in law made by this Act applies only |
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| 54 | 54 | | to a property described by Section 770.002, Health and Safety Code, |
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| 55 | 55 | | as added by this Act, for which construction begins on or after the |
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| 56 | 56 | | effective date of this Act. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2025. |
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