Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.252
APPLICATION OF OTHER LAW; MUNICIPAL REGULATION.
Operative Text
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.
Section 92.252 of the Texas Property Code establishes that the state's subchapter on fire extinguishers and smoke alarms generally supersedes common law, other statutes, and local ordinances on the same subject — but with important carve-outs. Local governments retain authority to enforce fire-safety codes, require regular smoke alarm inspections, and adopt ordinances that add enforcement mechanisms on top of state requirements, as long as those ordinances conform to the subchapter. Additionally, municipalities are restricted from mandating a switch from battery-powered to AC-powered smoke alarms in pre-1987 units unless specific renovation thresholds or other triggering conditions described in subsection (b) are met.
Plain English — not legal advice.
Under § 92.252, landlords operating in Texas must understand that state law is the primary framework governing smoke alarm and fire extinguisher duties, but local fire-safety codes and inspection requirements can layer additional obligations on top of it. Compliant operators typically track whether their properties fall under any local ordinances that conform to the subchapter — particularly those requiring periodic smoke alarm inspections by municipal officials. For older units built before September 1, 1987, landlords generally assess whether planned renovations meet the cost or structural thresholds in subsection (b) that could trigger a requirement to upgrade from battery-powered to AC-powered smoke alarms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.252 means that tenants in Texas have a defined set of rights regarding smoke alarms and fire extinguishers under state law, and those rights are not diminished by the absence of a local ordinance — but they may be supplemented by one. Tenants can check whether their municipality has adopted a conforming local ordinance with additional enforcement tools, such as regular inspections by city officials, which could provide an additional avenue for addressing smoke alarm concerns. Tenant-rights organizations or a local rent board, where applicable, can help clarify which local provisions apply alongside the state framework established in this subchapter.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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