| 1 | 1 | | 82R7839 ALB-D |
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| 2 | 2 | | By: Lucio III H.B. No. 2682 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring upholstered furniture sold in this state to |
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| 8 | 8 | | be made with filling that is burn resistant to an open flame; |
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| 9 | 9 | | imposing a criminal penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle C, Title 9, Health and Safety Code, is |
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| 12 | 12 | | amended by adding Chapter 797 to read as follows: |
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| 13 | 13 | | CHAPTER 797. UPHOLSTERED FURNITURE |
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| 14 | 14 | | Sec. 797.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Department" means the Department of State Health |
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| 16 | 16 | | Services. |
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| 17 | 17 | | (2) "Executive commissioner" means the executive |
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| 18 | 18 | | commissioner of the Health and Human Services Commission. |
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| 19 | 19 | | Sec. 797.002. DUTY OF DEPARTMENT. The department shall |
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| 20 | 20 | | enforce this chapter. |
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| 21 | 21 | | Sec. 797.003. OPEN FLAME BURN RESISTANCE STANDARD. The |
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| 22 | 22 | | executive commissioner shall adopt rules requiring all filling |
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| 23 | 23 | | materials used in upholstered furniture sold in this state to be |
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| 24 | 24 | | burn resistant when exposed to an open flame. |
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| 25 | 25 | | Sec. 797.004. LABEL REQUIRED. (a) Upholstered furniture |
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| 26 | 26 | | sold in this state must contain a label that: |
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| 27 | 27 | | (1) is securely attached to the furniture at the |
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| 28 | 28 | | location and by a method approved by the department; |
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| 29 | 29 | | (2) is clearly visible; and |
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| 30 | 30 | | (3) states that the furniture contains filling |
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| 31 | 31 | | materials that meet burn resistance standards adopted under this |
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| 32 | 32 | | section. |
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| 33 | 33 | | (b) The information on a label required by this section must |
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| 34 | 34 | | be in English. The department may authorize or require the use of a |
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| 35 | 35 | | language in addition to English on the label or on an additional |
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| 36 | 36 | | separate label. |
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| 37 | 37 | | Sec. 797.005. APPLICATION OF OTHER LAW. An item that is |
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| 38 | 38 | | upholstered furniture and also is bedding for purposes of Chapter |
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| 39 | 39 | | 345 must meet the strictest applicable standard for burn |
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| 40 | 40 | | resistance. |
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| 41 | 41 | | Sec. 797.006. OFFENSE. (a) A person commits an offense if |
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| 42 | 42 | | the person: |
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| 43 | 43 | | (1) sells upholstered furniture that does not conform |
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| 44 | 44 | | to the requirements of this chapter; |
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| 45 | 45 | | (2) introduces or delivers for introduction into |
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| 46 | 46 | | commerce upholstered furniture that does not conform to the |
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| 47 | 47 | | requirements of this chapter; or |
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| 48 | 48 | | (3) receives in commerce upholstered furniture that |
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| 49 | 49 | | does not conform to the requirements of this chapter. |
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| 50 | 50 | | (b) An offense under Subsection (a) is a Class A |
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| 51 | 51 | | misdemeanor. |
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| 52 | 52 | | SECTION 2. (a) The executive commissioner of the Health and |
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| 53 | 53 | | Human Services Commission shall adopt rules required by Chapter |
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| 54 | 54 | | 797, Health and Safety Code, as added by this Act, not later than |
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| 55 | 55 | | December 31, 2011. |
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| 56 | 56 | | (b) In adopting the rules required by Chapter 797, Health |
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| 57 | 57 | | and Safety Code, as added by this Act, the executive commissioner of |
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| 58 | 58 | | the Health and Human Services Commission shall review and consider |
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| 59 | 59 | | adopting the requirements and test protocol adopted by the |
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| 60 | 60 | | California Bureau of Home Furnishings and Thermal Insulation in |
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| 61 | 61 | | California Technical Bulletin 117. |
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| 62 | 62 | | (c) A person selling upholstered furniture in this state is |
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| 63 | 63 | | not required to comply with the requirements of Chapter 797, Health |
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| 64 | 64 | | and Safety Code, as added by this Act, or the rules adopted under |
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| 65 | 65 | | that chapter, before September 1, 2012. |
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| 66 | 66 | | SECTION 3. (a) Except as provided by this section, this Act |
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| 67 | 67 | | takes effect September 1, 2011. |
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| 68 | 68 | | (b) Section 797.006, Health and Safety Code, as added by |
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| 69 | 69 | | this Act, takes effect September 1, 2012. |
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