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