Richardson Hotel Detector Bill Can Switch Off Smoke Detector Duty

The text as introduced · 770 words

90R1348 LRM-F

By: Richardson
H.B. No. 534

A BILL TO BE ENTITLED

AN ACT

relating to the required maintenance and operation of carbon

monoxide detectors on hotel property; authorizing a criminal

penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 792, Health and Safety

Code, is amended to read as follows:

CHAPTER 792. SMOKE AND CARBON MONOXIDE DETECTORS IN HOTELS

SECTION 2. Section 792.001, Health and Safety Code, is

amended by amending Subdivision (1) and adding Subdivisions (1-a)

and (1-b) to read as follows:

(1) "Carbon monoxide detector" means a device that

detects and sounds an alarm to indicate the presence of a harmful

level of carbon monoxide gas.

(1-a) "Carbon monoxide detector for hearing impaired

persons" means a carbon monoxide detector that, in addition to

sounding an alarm, uses a xenon design strobe light with a visible

effective intensity of not less than 100 candela, as tested and

labeled in accordance with ANSI/UL Standard 1638, and with a flash

rate of not less than 60 nor more than 120 flashes per minute.

(1-b) "Hotel" means a building in which members of the

public obtain sleeping accommodations for consideration, including

a hotel, motel, tourist home, tourist house, tourist court, hostel,

lodging house, rooming house, or inn. The term does not include:

(A) a hospital, sanitarium, or nursing home; or

(B) a building in which all or substantially all

of the occupants have the right to use or possess their sleeping

accommodations for at least 28 consecutive days.

SECTION 3. The heading to Section 792.002, Health and

Safety Code, is amended to read as follows:

Sec. 792.002. SMOKE AND CARBON MONOXIDE DETECTORS IN

HOTELS; CRIMINAL PENALTY.

SECTION 4. Section 792.002, Health and Safety Code, is

amended by amending Subsections (a), (b), and (c) and adding

Subsection (f) to read as follows:

(a) A person who operates a hotel commits an offense if the

person:

(1) does not maintain a smoke detector and a carbon

monoxide detector in good working order in every room of the hotel

that is regularly used for sleeping;

(2) does not maintain smoke detectors and carbon

monoxide detectors for hearing-impaired persons as prescribed by

Subsection (b); or

(3) does not comply with the requirements of

Subsection (c) if a hotel patron requests a room with a smoke

detector and a carbon monoxide detector for hearing-impaired

persons.

(b) A person who operates a hotel shall maintain one smoke

detector and one carbon monoxide detector for hearing-impaired

persons for each 60, or fraction of 60, rooms of the hotel that are

regularly used for sleeping, except that the operator is not

required to maintain more than five smoke detectors and five carbon

monoxide detectors for hearing-impaired persons.

(c) If a hotel patron requests a room with a smoke detector

and carbon monoxide detector for hearing-impaired persons, the

operator of the hotel shall:

(1) assign the patron to a room in which a hard-wired

smoke detector and carbon monoxide detector for hearing-impaired

persons have [ has ] been properly installed; or

(2) install in the patron's room a portable smoke

detector and carbon monoxide detector for hearing-impaired persons

using a receptacle that cannot be controlled by a wall switch.

(f) This section does not apply to a hotel the local fire

marshal certifies as not having any carbon monoxide-producing

sources on the hotel property. The hotel shall publicly display the

certificate in an area accessible by hotel guests.

SECTION 5. The heading to Section 792.003, Health and

Safety Code, is amended to read as follows:

Sec. 792.003. SMOKE AND CARBON MONOXIDE DETECTOR LIST.

SECTION 6. Section 792.003(a), Health and Safety Code, is

amended to read as follows:

(a) To qualify for use under this chapter, a smoke detector

and a carbon monoxide detector must be listed by the state fire

marshal after the devices have [ device has ] been tested and shown to

be effective by the state fire marshal or by a testing laboratory

under conditions and procedures approved by the state fire marshal.

SECTION 7. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 8. This Act takes effect September 1, 2027.