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A BILL TO BE ENTITLED
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AN ACT
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relating to portable generator safety and warning labels. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 761 to read as follows: |
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CHAPTER 761. PORTABLE GENERATOR SAFETY |
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Sec. 761.001. WARNING LABEL REQUIRED. (a) A manufacturer |
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who produces or distributes for retail sale in this state a portable |
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generator without a carbon-monoxide kill switch installed on the |
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generator shall place a warning label on the generator and the |
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generator's packaging notifying consumers of the risk of carbon |
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monoxide poisoning and providing information on the safe operation |
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of the generator. |
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(b) A retailer who offers for sale or resale a portable |
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generator shall ensure any generator subject to Subsection (a) |
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complies with the warning label requirements. |
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(c) The commissioner of insurance by rule shall prescribe |
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the requirements for the warning label required by this section. |
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Sec. 761.002. CIVIL ACTION. (a) A manufacturer or retailer |
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who violates Section 761.001 is liable in a civil action for |
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personal injury, death, or other damages caused to a person by the |
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violation. |
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(b) A person who prevails in an action against a |
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manufacturer or retailer under this section is entitled to obtain: |
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(1) appropriate injunctive relief; |
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(2) actual damages; and |
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(3) court costs and reasonable attorney's fees. |
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Sec. 761.003. DECEPTIVE TRADE PRACTICE; ENFORCEMENT BY |
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ATTORNEY GENERAL. A violation of Section 761.001 is a deceptive act |
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or practice actionable under Subchapter E, Chapter 17, Business & |
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Commerce Code, as an enforcement action by the consumer protection |
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division of the attorney general's office. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the commissioner of insurance shall adopt the rules |
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required by Chapter 761, Health and Safety Code, as added by this |
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Act. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |