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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring upholstered furniture sold in this state to |
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be made with filling that is burn resistant to an open flame; |
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imposing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 9, Health and Safety Code, is |
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amended by adding Chapter 797 to read as follows: |
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CHAPTER 797. UPHOLSTERED FURNITURE |
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Sec. 797.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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Sec. 797.002. DUTY OF DEPARTMENT. The department shall |
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enforce this chapter. |
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Sec. 797.003. OPEN FLAME BURN RESISTANCE STANDARD. The |
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executive commissioner shall adopt rules requiring all filling |
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materials used in upholstered furniture sold in this state to be |
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burn resistant when exposed to an open flame. |
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Sec. 797.004. LABEL REQUIRED. (a) Upholstered furniture |
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sold in this state must contain a label that: |
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(1) is securely attached to the furniture at the |
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location and by a method approved by the department; |
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(2) is clearly visible; and |
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(3) states that the furniture contains filling |
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materials that meet burn resistance standards adopted under this |
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section. |
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(b) The information on a label required by this section must |
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be in English. The department may authorize or require the use of a |
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language in addition to English on the label or on an additional |
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separate label. |
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Sec. 797.005. APPLICATION OF OTHER LAW. An item that is |
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upholstered furniture and also is bedding for purposes of Chapter |
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345 must meet the strictest applicable standard for burn |
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resistance. |
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Sec. 797.006. OFFENSE. (a) A person commits an offense if |
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the person: |
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(1) sells upholstered furniture that does not conform |
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to the requirements of this chapter; |
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(2) introduces or delivers for introduction into |
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commerce upholstered furniture that does not conform to the |
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requirements of this chapter; or |
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(3) receives in commerce upholstered furniture that |
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does not conform to the requirements of this chapter. |
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(b) An offense under Subsection (a) is a Class A |
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misdemeanor. |
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SECTION 2. (a) The executive commissioner of the Health and |
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Human Services Commission shall adopt rules required by Chapter |
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797, Health and Safety Code, as added by this Act, not later than |
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December 31, 2011. |
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(b) In adopting the rules required by Chapter 797, Health |
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and Safety Code, as added by this Act, the executive commissioner of |
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the Health and Human Services Commission shall review and consider |
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adopting the requirements and test protocol adopted by the |
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California Bureau of Home Furnishings and Thermal Insulation in |
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California Technical Bulletin 117. |
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(c) A person selling upholstered furniture in this state is |
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not required to comply with the requirements of Chapter 797, Health |
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and Safety Code, as added by this Act, or the rules adopted under |
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that chapter, before September 1, 2012. |
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SECTION 3. (a) Except as provided by this section, this Act |
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takes effect September 1, 2011. |
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(b) Section 797.006, Health and Safety Code, as added by |
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this Act, takes effect September 1, 2012. |