By Menendez H.B. No. 1251
77R4707 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to fire-resistant mattresses and upholstered furniture;
1-3 providing a civil 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 MATTRESSES AND UPHOLSTERED FURNITURE
1-8 Sec. 796.001. DEFINITIONS. In this chapter:
1-9 (1) "Board" means the Texas Board of Health.
1-10 (2) "Mattress" means a mattress that has been
1-11 manufactured for sale by an importer, manufacturer, or wholesaler
1-12 for use in this state, including a mattress sold to or offered for
1-13 sale for use in a hotel, motel, or other place of public
1-14 accommodation in this state.
1-15 (3) "Upholstered furniture" means furniture with added
1-16 filling material that has been manufactured for sale by an
1-17 importer, manufacturer, or wholesaler for use in this state,
1-18 including furniture sold to or offered for sale for use in a hotel,
1-19 motel, or other place of public accommodation in this state.
1-20 Sec. 796.002. BOARD RULES. (a) The board shall adopt rules
1-21 to administer this chapter and shall, in consultation with the fire
1-22 marshal, adopt minimum standards for fire-resistant products.
1-23 (b) The board may adopt rules to exempt items of furniture
1-24 from the requirements of this chapter if the items do not pose a
2-1 serious fire hazard.
2-2 Sec. 796.003. MATTRESSES AND FURNITURE OFFERED FOR SALE;
2-3 EXEMPTIONS. (a) A person may not offer for sale in this state a
2-4 mattress or an item of upholstered furniture that is not fire
2-5 resistant as required by board rule.
2-6 (b) A person who offers a mattress or an item of upholstered
2-7 furniture for sale in this state shall label the mattress or item
2-8 as fire resistant in compliance with board rules.
2-9 (c) This chapter does not apply to furniture that:
2-10 (1) is used exclusively for the purpose of physical
2-11 fitness;
2-12 (2) is secondhand or antique, as determined under
2-13 board rules; or
2-14 (3) is exempt under board rules.
2-15 Sec. 796.004. CIVIL PENALTY. (a) A person who violates this
2-16 chapter is liable to the state for a civil penalty of not less than
2-17 $1,000 and not more than $25,000 for each violation. At the
2-18 request of the board, the attorney general shall bring an action to
2-19 recover a civil penalty established by this section.
2-20 (b) A civil action filed under this section shall be filed
2-21 in a district court in Travis County or in the county in which the
2-22 mattress or furniture was offered for sale.
2-23 (c) The attorney general may recover reasonable expenses
2-24 incurred in obtaining civil penalties under this section, including
2-25 court costs, reasonable attorney's fees, investigative costs,
2-26 witness fees, and deposition expenses.
2-27 SECTION 2. Not later than November 1, 2001, the Texas Board
3-1 of Health shall adopt rules required by Chapter 796, Health and
3-2 Safety Code, as added by this Act.
3-3 SECTION 3. This Act applies only to a mattress or an item of
3-4 upholstered furniture offered for sale on or after September 1,
3-5 2002. A mattress or an item of upholstered furniture offered for
3-6 sale before September 1, 2002, is governed by the law as it existed
3-7 immediately before the effective date of this Act, and that law is
3-8 continued in effect for that purpose.
3-9 SECTION 4. This Act takes effect September 1, 2001.