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.