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.