By Menendez H.B. No. 2797
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to open-flame standards for mattresses and upholstered
1-3 furniture; 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 797 to read as follows:
1-7 CHAPTER 797. OPEN FLAME-RESISTANT MATTRESSES
1-8 AND UPHOLSTERED FURNITURE
1-9 Sec. 797.001. DEFINITIONS. In this chapter:
1-10 (1) "Board" means the Texas Board of Health.
1-11 (2) "Mattress" means a mattress that has been
1-12 manufactured for sale by an importer, manufacturer, or wholesaler
1-13 for use in this state, including a mattress sold to or offered for
1-14 sale for use in a hotel, motel, or other place of public
1-15 accommodation in this state.
1-16 (3) "Upholstered Furniture" means furniture with added
1-17 filling material that has been manufactured for sale by an
1-18 importer, manufacturer, or wholesaler for use in this state,
1-19 including furniture sold to or offered for use in a hotel, motel,
1-20 or other place of public accommodation in this state.
1-21 Sec. 797.002. BOARD RULES. (a) The board shall adopt rules
1-22 to administer this chapter and shall, in consultation with the
1-23 state fire marshal, adopt minimum standards for open-flame
2-1 resistance.
2-2 (b) The board may adopt rules to exempt items of furniture
2-3 from the requirements of this chapter if the items do not pose a
2-4 serious fire hazard.
2-5 Sec. 797.003. MATTRESSES AND FURNITURE OFFERED FOR SALE;
2-6 EXEMPTIONS. (a) A person may not offer for sale in this state a
2-7 mattress or an item of upholstered furniture is not open-flame
2-8 resistant in compliance with board rules.
2-9 (b) A person who manufactures a mattress or an item of
2-10 upholstered furniture for sale in this state shall label the
2-11 mattress or item as open-flame resistant in compliance with board
2-12 rules.
2-13 (c) This chapter does not apply to furniture that:
2-14 (1) is used exclusively for the purpose of physical
2-15 fitness;
2-16 (2) is secondhand or antique, as determined under
2-17 board rules; or
2-18 (3) is exempt under board rules.
2-19 Sec. 796.004. CIVIL PENALTY. (a) A person who violates
2-20 this chapter is liable to the state for a civil penalty of not less
2-21 than $500 and not more than $25,000 for each violation. At the
2-22 request of the Commissioner of Health, the attorney general shall
2-23 bring an action to recover a civil penalty established by this
2-24 section.
2-25 (b) A civil action filed under this bill shall be filed in a
2-26 district court in Travis County or in the county in which the
3-1 mattress or furniture was offered for sale.
3-2 (c) The attorney general may recover reasonable expenses
3-3 incurred in obtaining civil penalties under this section, including
3-4 court costs, reasonable attorney's fees, investigative costs,
3-5 witness fees, and deposition expenses.
3-6 SECTION 2. Not later than November 1, 2001, the Texas Board
3-7 of Health shall adopt rules required by Chapter 797, Health and
3-8 Safety Code, as added by this Act.
3-9 SECTION 3. This Act applies only to a mattress or an item of
3-10 upholstered furniture offered for sale on or after September 1,
3-11 2002. A mattress or an item of upholstered furniture offered for
3-12 sale before September 1, 2002, is governed by the law as it existed
3-13 immediately before the effective date of this Act, and that law is
3-14 continued in effect for that purpose.
3-15 SECTION 4. This Act takes effect September 1, 2001.