Texas Association of REALTORS say: NO. As a reminder, landlords have until Jan. 1, 2013, to comply with a state law that went into effect on Sept. 11, 2011, requiring the landlord of a property with a lease signed before Sept. 1, 2011, to install smoke alarms in each bedroom, in each hallway that services multiple bedrooms, and on each level of the dwelling unit.
Per the Texas Property Code, the duty to install smoke alarms may not be waived. If a landlord is not in compliance with the law on smoke alarms, a tenant may seek remedies, such as a judgment for damages related to the violation and court costs.
For two ways to alternatively comply with the requirements relating to smoke alarms, see Property Code, Section 92.2571.