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A BILL TO BE ENTITLED
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AN ACT
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relating to the transportation of substances classified as |
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hazardous or explosive. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Chapter 501.022 of the Health and Safety |
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Code is amended to read as follows: |
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Sec. 501.022. DESIGNATION OF BANNED HAZARDOUS, OR EXPLOSIVE |
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SUBSTANCES. (a) The board by rule shall designate as a banned |
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hazardous or explosive substance any article, including clothing |
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intended for the use of children, that is not properly packaged or |
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that does not comply with applicable flammability standards |
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established by the board. The board's determination that articles |
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of clothing of a specified range of sizes are intended for the use |
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of a child 14 years of age or younger is conclusive. |
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(b) The board by rule shall designate as a banned hazardous, |
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or explosive substance or any toy or other article, other than |
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clothing, intended for the use of children that is a hazardous |
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substance or bears or contains a hazardous, or explosive substance |
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in a manner accessible by a child to whom the toy or other article is |
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entrusted. |
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(c) The board by rule shall designate as a banned hazardous, |
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or explosive substance any hazardous substance intended or packaged |
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in a form suitable for use in a household that, notwithstanding |
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cautionary labeling required by this chapter, is potentially so |
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dangerous, explosive, or hazardous when present or used in a |
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household that the protection of the public health and safety may be |
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adequately served only by keeping the substance out of commerce. |
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(d) The board by rule shall designate as a banned hazardous, |
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or explosive substance any article subject to this chapter that |
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cannot be labeled adequately to protect the public health and |
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safety or that presents an imminent danger to the public health and |
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safety. |
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(e) This section does not apply to a toy or article such as a |
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chemical set that because of its functional purpose requires the |
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inclusion of a hazardous, or explosive substance or necessarily |
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presents an electrical, mechanical, or thermal hazard if the toy or |
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article: |
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(1) bears labeling that in the judgment of the board |
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gives adequate directions and warnings for safe use; and |
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(2) is intended for use by children who have attained |
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sufficient maturity and may reasonably be expected to read and heed |
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those directions and warnings. |
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(f) This section does not apply to the manufacture, sale, |
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transportation, distribution, or use of fireworks of any class. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |