| 1 | 1 | | 89R3163 LRM-D |
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| 2 | 2 | | By: Alvarado, et al. S.B. No. 484 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to portable generator safety and warning labels. |
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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 A, Title 9, Health and Safety Code, is |
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| 12 | 12 | | amended by adding Chapter 761 to read as follows: |
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| 13 | 13 | | CHAPTER 761. PORTABLE GENERATOR SAFETY |
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| 14 | 14 | | Sec. 761.001. WARNING LABEL REQUIRED. (a) A manufacturer |
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| 15 | 15 | | who produces or distributes for retail sale in this state a portable |
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| 16 | 16 | | generator without a carbon-monoxide kill switch installed on the |
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| 17 | 17 | | generator shall place a warning label on the generator and the |
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| 18 | 18 | | generator's packaging notifying consumers of the risk of carbon |
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| 19 | 19 | | monoxide poisoning and providing information on the safe operation |
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| 20 | 20 | | of the generator. |
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| 21 | 21 | | (b) A retailer who offers for sale or resale a portable |
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| 22 | 22 | | generator shall ensure any generator subject to Subsection (a) |
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| 23 | 23 | | complies with the warning label requirements. |
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| 24 | 24 | | (c) The commissioner of insurance by rule shall prescribe |
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| 25 | 25 | | the requirements for the warning label required by this section. |
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| 26 | 26 | | Sec. 761.002. CIVIL ACTION. (a) A manufacturer or retailer |
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| 27 | 27 | | who violates Section 761.001 is liable in a civil action for |
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| 28 | 28 | | personal injury, death, or other damages caused to a person by the |
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| 29 | 29 | | violation. |
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| 30 | 30 | | (b) A person who prevails in an action against a |
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| 31 | 31 | | manufacturer or retailer under this section is entitled to obtain: |
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| 32 | 32 | | (1) appropriate injunctive relief; |
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| 33 | 33 | | (2) actual damages; and |
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| 34 | 34 | | (3) court costs and reasonable attorney's fees. |
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| 35 | 35 | | Sec. 761.003. DECEPTIVE TRADE PRACTICE; ENFORCEMENT BY |
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| 36 | 36 | | ATTORNEY GENERAL. A violation of Section 761.001 is a deceptive act |
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| 37 | 37 | | or practice actionable under Subchapter E, Chapter 17, Business & |
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| 38 | 38 | | Commerce Code, as an enforcement action by the consumer protection |
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| 39 | 39 | | division of the attorney general's office. |
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| 40 | 40 | | SECTION 2. As soon as practicable after the effective date |
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| 41 | 41 | | of this Act, the commissioner of insurance shall adopt the rules |
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| 42 | 42 | | required by Chapter 761, Health and Safety Code, as added by this |
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| 43 | 43 | | Act. |
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| 44 | 44 | | SECTION 3. The change in law made by this Act applies only |
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| 45 | 45 | | to a cause of action that accrues on or after the effective date of |
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| 46 | 46 | | this Act. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2025. |
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