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House Bill 2935 |
House Author: King, Phil et al. |
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Effective: See below |
Senate Sponsor: West, Royce |
House Bill 2935 amends the Health and Safety Code to establish cigarette fire safety standards. The bill requires a manufacturer of cigarettes that are sold in the state to test the flammability of its product using prescribed methods and to certify to the state fire marshal that the cigarettes have been tested and meet the required performance standard. The bill specifies the information that is required in a certification, provides that a cigarette must be recertified every three years, and imposes a certification fee of $250. The manufacturer is required to mark the cigarette packaging to indicate compliance using a marking that has been approved by the fire marshal. However, cigarettes used for testing consumer satisfaction and cigarettes that are sold outside the state or the United States are exempted. The bill requires the manufacturer to retain and provide copies of test results for three years and imposes a civil penalty for non-compliance. It authorizes the fire marshal to adopt rules to administer these provisions and to inspect records and cigarette inventories to establish compliance. In addition, the fire marshal must provide a copy of certifications to the comptroller, who is authorized to inspect cigarettes for the required marking and report to the fire marshal. Violations of these provisions are subject to civil penalties, and the attorney general is authorized to bring an action in a district court for injunctive relief, or a civil penalty, or both. The bill creates the Fire Prevention and Public Safety Account in the general revenue fund to contain the penalties collected, and provides that these funds may be appropriated only to the state fire marshal to support fire safety and prevention programs. Finally, the bill requires the fire marshal, not later than January 1 of each odd-numbered year, to report to the governor and presiding officers of the legislature regarding the administration and effectiveness of these provisions and to make recommendations to improve effectiveness. The bill takes effect January 1, 2009, and cigarettes must be marked and brought into compliance with these provisions by January 1, 2010.