79R3907 MCK-F
By: Davis of Harris H.B. No. 1752
A BILL TO BE ENTITLED
AN ACT
relating to the inspection and cleaning of certain bedding,
materials, and upholstered items.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 345.002, Health and Safety Code, is
amended to read as follows:
Sec. 345.002. EVIDENCE OF INTENT TO SELL. The possession
of bedding by a manufacturer, renovator, wholesaler, or person
holding an inspection and cleaning [a germicidal treatment] permit
in the course of business is presumptive evidence of an intent to
sell the bedding.
SECTION 2. Section 345.024, Health and Safety Code, is
amended to read as follows:
Sec. 345.024. INSPECTION AND CLEANING [GERMICIDAL
TREATMENT] OF BEDDING AND MATERIALS. (a) Except as provided by
Subsection (b), a person may not sell secondhand bedding or bedding
manufactured in whole or in part from secondhand or recycled
material unless the bedding has been inspected [germicidally
treated] and cleaned by a method approved by the department.
(b) An upholstered sofa bed, reclining chair, or studio
couch shall be inspected [germicidally treated] and cleaned only
when required by department rules.
(c) A person may not use in the manufacture, repair, or
renovation of bedding a material that has not been inspected and
cleaned [and germicidally treated] by a process or treatment
approved by the department if the material:
(1) has been used by a person with a communicable
disease; or
(2) is filthy, oily, stained, or harbors loathsome
insects or pathogenic organisms.
(d) A person may not sell material or bedding requiring
inspection and cleaning [germicidal treatment] under this section
unless the person inspecting and cleaning the material or bedding
[applying the germicidal treatment] securely attaches by a method
approved by the department a label that is at least 12 square inches
and contains, plainly printed in ink:
(1) a statement that the article or material has been
inspected and cleaned [germicidally treated] by a method approved
by the department;
(2) a statement of the method of inspection and
cleaning [germicidal treatment applied];
(3) the date the article was inspected and cleaned
[germicidally treated];
(4) the name and address of the person for whom the
article was inspected and cleaned [germicidally treated]; and
(5) the permit number of the person performing
[applying] the inspection and cleaning [germicidal treatment].
SECTION 3. The heading to Section 345.042, Health and
Safety Code, is amended to read as follows:
Sec. 345.042. PERMIT TO INSPECT AND CLEAN [APPLY GERMICIDAL
TREATMENT].
SECTION 4. Section 345.042, Health and Safety Code, is
amended by amending Subsections (a), (c), and (d) to read as
follows:
(a) A person may not inspect and clean bedding [apply a
germicidal process] unless:
(1) the inspection and cleaning method [process] has
been registered with and approved by the department; and
(2) the person has a numbered inspection and cleaning
[germicidal treatment] permit issued by the department.
(c) A person who holds a permit shall keep the permit
conspicuously posted on the premises of the person's business [near
the treatment device].
(d) A person who holds a permit shall keep an accurate
record of all materials that have been inspected and cleaned
[germicidally treated]. The record must include the:
(1) source of the material;
(2) date of inspection and cleaning [treatment]; and
(3) name and address of the owner of each item.
SECTION 5. The heading to Section 345.083, Health and
Safety Code, is amended to read as follows:
Sec. 345.083. DEPARTMENT INSPECTION OF FACILITIES.
SECTION 6. Section 345.083(a), Health and Safety Code, is
amended to read as follows:
(a) To determine compliance with this chapter or a rule
adopted under this chapter, a representative of the department may
enter a place at which:
(1) bedding is manufactured, repaired, renovated,
cleaned, stored, or sold;
(2) materials are prepared for use in bedding; or
(3) inspection [germicidal treatment] of bedding is
performed.
SECTION 7. The change in law made by this Act to Section
345.024, Health and Safety Code, applies only to bedding,
materials, or upholstered items sold on or after January 1, 2006.
Bedding, materials, or upholstered items that are sold before
January 1, 2006, are governed by the law in effect on the date of the
sale, and the former law is continued in effect for that purpose.
SECTION 8. (a) A person who, on the effective date of this
Act, is operating under a germicidal treatment permit issued under
Chapter 345, Health and Safety Code, is entitled to an inspection
and cleaning permit under that chapter, as amended by this Act, if
the person demonstrates on or before January 1, 2006, in the manner
required by the Department of State Health Services, that the
person satisfies the requirements for issuance of the inspection
and cleaning permit.
(b) The Department of State Health Services shall issue an
inspection and cleaning permit under Subsection (a) of this section
without requiring payment of the fee for issuance of an initial
permit.
(c) An inspection and cleaning permit issued to a person
under Subsection (a) of this section expires on the expiration date
of the person's germicidal treatment permit.
(d) A person described by Subsection (a) of this section who
does not demonstrate that the person satisfies the requirements for
issuance of the inspection and cleaning permit before January 2,
2006, must apply for a new inspection and cleaning permit under
Chapter 345, Health and Safety Code, as amended by this Act, and pay
the fee for the issuance of a new permit.
SECTION 9. This Act takes effect September 1, 2005.