reglab/housing_qa huggingface dataset:
TX Prop § 92.252 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.252. Application of Other Law; Municipal Regulation

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 or smoke alarm in a dwelling unit.  However, this subchapter does not:(1)  affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance 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 the type of smoke 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 Subsection (b); or(4)  affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke 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.|Acts 1983, 68th Leg., p. 3649, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1987, 70th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1205, Sec. 13, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.|
TX Prop § 92.253 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.253. Exemptions

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 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.(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.|Acts 1983, 68th Leg., p. 3649, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.|
TX Prop § 92.254 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.254. Smoke Alarm

Sec. 92.254.  SMOKE 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 bedrooms it serves; and(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, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves.(b)  Except as provided by Section 92.255(b), a smoke alarm may be powered by 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.|Acts 1983, 68th Leg., p. 3650, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1987, 70th Leg., ch. 475, Sec. 2, eff. Sept. 1, 1987.Amended by: Acts 2009, 81st Leg., R.S., Ch. 824 (S.B. 1715), Sec. 2, eff. January 1, 2010.Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.|
TX Prop § 92.255 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.255. Installation and Location

Sec. 92.255.  INSTALLATION AND LOCATION.  (a)  A landlord shall install at least one smoke 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 must be located inside the room;(2)  if multiple bedrooms are served by the same corridor, at least one smoke 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 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).|Acts 1983, 68th Leg., p. 3650, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.|
TX Prop § 92.257 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.257. Installation Procedure

Sec. 92.257.  INSTALLATION PROCEDURE.  (a)  Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures.(b)  A smoke 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 may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves.|Acts 1983, 68th Leg., p. 3651, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.|
TX Prop § 92.2571 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.2571. Alternative Compliance

Sec. 92.2571.  ALTERNATIVE COMPLIANCE.  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.|Added by Acts 2007, 80th Leg., R.S., Ch. 1051 (H.B. 2118), Sec. 12, eff. September 1, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.|
TX Prop § 92.258 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.258. Inspection and Repair

Sec. 92.258.  INSPECTION AND REPAIR.  (a)  The landlord shall inspect and repair a smoke alarm according to this section.(b)  The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model.(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, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke 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 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 within a reasonable time, considering the availability of material, labor, and utilities.(e)  The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model.(f)  The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession.(g)  A smoke 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 as provided by this subchapter.|Acts 1983, 68th Leg., p. 3651, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 19, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 869, Sec. 7, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 918, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.|
TX Prop § 92.259 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.259. Landlord's Failure to Install, Inspect, or Repair

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 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 the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies 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 in writing.|Acts 1983, 68th Leg., p. 3652, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 869, Sec. 8, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 918, Sec. 2, eff. Sept. 1, 1995.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.|
TX Prop § 92.260 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.260. Tenant Remedies

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).|Acts 1983, 68th Leg., p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 869, Sec. 9, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 918, Sec. 3, eff. Sept. 1, 1995.|
TX Prop § 92.261 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.261. Landlord's Defenses

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.|Acts 1983, 68th Leg., p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 92.262 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.262. Agents for Delivery of Notice

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.|Acts 1983, 68th Leg., p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 92.263 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.263. Inspection of Residential Fire Extinguisher

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.|Added by Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 6, eff. September 1, 2011.|
TX Prop § 92.264 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter F. Smoke Alarms and Fire Extinguishers|Section 92.264. Duty to Repair or Replace

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.|Added by Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 6, eff. September 1, 2011.|
TX Prop § 92.301 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter G. Utility Cutoff|Section 92.301. Landlord Liability to Tenant for Utility Cutoff

Sec. 92.301.  LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF.  (a)  A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill.(b)  If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may:(1)  pay the utility company money to reconnect or avert the cutoff of utilities according to this section;(2)  terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner;(3)  deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff;(4)  if the lease is terminated by the tenant, deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit pursuant to law;(5)  if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later;(6)  recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work;  and(7)  recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury.(c)  When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities.(d)  The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner.  However, the tenant's remedies under this section shall cease if:(1)  the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full;  and(2)  at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section.|Added by Acts 1989, 71st Leg., ch. 650, Sec. 12, eff. Aug. 28, 1989.|
TX Prop § 92.302 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter G. Utility Cutoff|Section 92.302. Notice of Utility Disconnection of Nonsubmetered Master Metered Multifamily Property to Municipalities, Owners, and Tenants

Sec. 92.302.  NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS.  (a) In this section:(1)  "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property.(2)  "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered.(b)  A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility.  The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner.  The written notice must include the customer's contact information and the tenant's remedies under Section 92.301.  The notice must include the following text in both English and Spanish:"Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection)."(c)  If the property is located in a municipality, the customer shall provide the same notice described by Subsection (b) to the governing body of that municipality by certified mail.  The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection.(d)  A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill.|Added by Acts 2013, 83rd Leg., R.S., Ch. 322 (H.B. 1772), Sec. 1, eff. January 1, 2014.|