bill requiring carbon monoxide detectors in new buildings

The text as introduced · 415 words

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.