By Menendez, et al. H.B. No. 1251 Substitute the following for H.B. No. 1251: By Coleman C.S.H.B. No. 1251 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to fire-resistant upholstered furniture; providing a civil 1-3 penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle C, Title 9, Health and Safety Code, is 1-6 amended by adding Chapter 796 to read as follows: 1-7 CHAPTER 796. FIRE-RESISTANT UPHOLSTERED FURNITURE 1-8 Sec. 796.001. DEFINITIONS. In this chapter: 1-9 (1) "Board" means the Texas Board of Health. 1-10 (2) "Upholstered furniture" means furniture with added 1-11 filling material that has been manufactured for sale by an 1-12 importer, manufacturer, or wholesaler for use in this state, 1-13 including furniture sold to or offered for sale for use in a hotel, 1-14 motel, or other place of public accommodation in this state. 1-15 Sec. 796.002. BOARD RULES. (a) The board shall adopt rules 1-16 to administer and enforce this chapter and shall, in consultation 1-17 with the state fire marshal, adopt minimum smolder standards for 1-18 fire-resistant products. 1-19 (b) The board may adopt rules to exempt items of upholstered 1-20 furniture from the requirements of this chapter if the items do not 1-21 pose a serious fire hazard. 1-22 Sec. 796.003. FURNITURE OFFERED FOR SALE; EXEMPTIONS. (a) A 1-23 person may not offer for sale an item of upholstered furniture for 1-24 use in this state made of material that is not fire resistant or 2-1 chemically treated to be fire resistant as required by board rule. 2-2 (b) A person who manufactures an item of upholstered 2-3 furniture to be sold in this state shall label the item as fire 2-4 resistant in compliance with board rules. 2-5 (c) This chapter does not apply to upholstered furniture 2-6 that: 2-7 (1) is used exclusively for the purpose of physical 2-8 fitness; 2-9 (2) is secondhand or antique, as determined under 2-10 board rules; 2-11 (3) is designed and intended solely for outdoor use; 2-12 or 2-13 (4) is exempt under board rules. 2-14 Sec. 796.004. CIVIL PENALTY. (a) A person who violates this 2-15 chapter is liable to the state for a civil penalty of not less than 2-16 $500 and not more than $25,000 for each violation. At the request 2-17 of the Commissioner of Health, the attorney general shall bring an 2-18 action to recover a civil penalty established by this section. 2-19 (b) A civil action filed under this section shall be filed 2-20 in a district court in Travis County or in the county in which the 2-21 upholstered furniture was offered for sale. 2-22 (c) The attorney general may recover reasonable expenses 2-23 incurred in obtaining civil penalties under this section, including 2-24 court costs, reasonable attorney's fees, investigative costs, 2-25 witness fees, and deposition expenses. 2-26 SECTION 2. Not later than November 1, 2001, the Texas Board 2-27 of Health shall adopt rules required by Chapter 796, Health and 3-1 Safety Code, as added by this Act. 3-2 SECTION 3. This Act applies only to an item of upholstered 3-3 furniture offered for sale on or after September 1, 2002. An item 3-4 of upholstered furniture offered for sale before September 1, 2002, 3-5 is governed by the law as it existed immediately before the 3-6 effective date of the Act, and that law is continued in effect for 3-7 that purpose. 3-8 SECTION 4. This Act takes effect September 1, 2001.