82R7839 ALB-D
By: Lucio III H.B. No. 2682
A BILL TO BE ENTITLED
AN ACT
relating to requiring upholstered furniture sold in this state to
be made with filling that is burn resistant to an open flame;
imposing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 9, Health and Safety Code, is
amended by adding Chapter 797 to read as follows:
CHAPTER 797. UPHOLSTERED FURNITURE
Sec. 797.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of State Health
Services.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
Sec. 797.002. DUTY OF DEPARTMENT. The department shall
enforce this chapter.
Sec. 797.003. OPEN FLAME BURN RESISTANCE STANDARD. The
executive commissioner shall adopt rules requiring all filling
materials used in upholstered furniture sold in this state to be
burn resistant when exposed to an open flame.
Sec. 797.004. LABEL REQUIRED. (a) Upholstered furniture
sold in this state must contain a label that:
(1) is securely attached to the furniture at the
location and by a method approved by the department;
(2) is clearly visible; and
(3) states that the furniture contains filling
materials that meet burn resistance standards adopted under this
section.
(b) The information on a label required by this section must
be in English. The department may authorize or require the use of a
language in addition to English on the label or on an additional
separate label.
Sec. 797.005. APPLICATION OF OTHER LAW. An item that is
upholstered furniture and also is bedding for purposes of Chapter
345 must meet the strictest applicable standard for burn
resistance.
Sec. 797.006. OFFENSE. (a) A person commits an offense if
the person:
(1) sells upholstered furniture that does not conform
to the requirements of this chapter;
(2) introduces or delivers for introduction into
commerce upholstered furniture that does not conform to the
requirements of this chapter; or
(3) receives in commerce upholstered furniture that
does not conform to the requirements of this chapter.
(b) An offense under Subsection (a) is a Class A
misdemeanor.
SECTION 2. (a) The executive commissioner of the Health and
Human Services Commission shall adopt rules required by Chapter
797, Health and Safety Code, as added by this Act, not later than
December 31, 2011.
(b) In adopting the rules required by Chapter 797, Health
and Safety Code, as added by this Act, the executive commissioner of
the Health and Human Services Commission shall review and consider
adopting the requirements and test protocol adopted by the
California Bureau of Home Furnishings and Thermal Insulation in
California Technical Bulletin 117.
(c) A person selling upholstered furniture in this state is
not required to comply with the requirements of Chapter 797, Health
and Safety Code, as added by this Act, or the rules adopted under
that chapter, before September 1, 2012.
SECTION 3. (a) Except as provided by this section, this Act
takes effect September 1, 2011.
(b) Section 797.006, Health and Safety Code, as added by
this Act, takes effect September 1, 2012.