Bill Text: TX HB2682 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-15 - Committee report sent to Calendars [HB2682 Detail]
Download: Texas-2011-HB2682-Introduced.html
| 82R7839 ALB-D | ||
| By: Lucio III | H.B. No. 2682 | |
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| 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. | ||
