79R765 JTS-D

By:  Zaffirini                                                    S.B. No. 104



A BILL TO BE ENTITLED

AN ACT

relating to requiring warning labels for certain buckets.                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 756.011, Health and Safety Code, is 
amended to read as follows:
	Sec. 756.011.  TYPES OF REFRIGERATORS AND CONTAINERS 
COVERED.  Except as provided by Section 756.014, this [This] 
subchapter applies only to a refrigerator, ice box, or other 
airtight or semi-airtight container that has:
		(1)  a capacity of at least 1-1/2 cubic feet;                                 
		(2)  an opening of at least 50 square inches;  and                            
		(3)  a door or lid equipped with a latch or other 
fastening device capable of securing the door or lid shut.
	SECTION 2.  Subchapter B, Chapter 756, Health and Safety 
Code, is amended by adding Section 756.014 to read as follows:
	Sec. 756.014.  LABELING REQUIREMENTS FOR CERTAIN BUCKETS.  
(a)  A person may not sell, distribute, or manufacture or offer for 
sale, distribution, or manufacture a bucket with a volume of at 
least four but not more than six gallons unless the bucket is 
labeled in accordance with this section.
	(b)  A label under this section must:                                   
		(1)  be removable only by the use of a tool or a 
solvent;            
		(2)  be placed on the side of the bucket near where the 
handle inserts into the bucket; and
		(3)  conspicuously display, on a contrasting 
background:             
			(A)  the words, in both English and Spanish:                          
				(i)  "WARNING"; and                                                  
				(ii)  "Children can fall into bucket and 
drown--keep children away from bucket with even a small amount of 
liquid";
			(B)  the likeness of a child reaching into a 
bucket superimposed with an encircled slash; and
			(C)  an exclamation point contrasted against and 
enclosed by a triangle to the left of the word "WARNING."
	(c)  The executive commissioner of the Health and Human 
Services Commission by rule may prescribe additional 
specifications for the labeling of buckets under this section to 
conform with the labeling standards developed by the American 
Society for Testing and Materials, as long as the specifications 
are equally protective of public health as the provisions of this 
section.
	(d)  A violation of this section is subject to the 
enforcement and penalty provisions of Subchapters C and D, Chapter 
501, and a bucket labeled in violation of this section shall be 
considered a misbranded hazardous substance or a hazardous 
substance for the purposes of those subchapters.
	SECTION 3.  This Act takes effect September 1, 2005.