HBA-DMH H.B. 1251 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1251 By: Menendez Public Health 2/21/2001 Introduced BACKGROUND AND PURPOSE According to the National Association of State Fire Marshals, more people in the United States die in fires involving upholstered furniture than any other product. California's furniture flammability standards, in effect in for over 20 years, have resulted in a substantial reduction in that state's fire deaths where upholstered furniture was the first item ignited. House Bill 1251 prohibits a person from offering for sale upholstered furniture or mattresses that are not fire resistant. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Health in SECTION 1 (Sections 796.002 and 796.003, Health and Safety Code) and SECTION 2 of this bill. ANALYSIS House Bill 1251 amends the Health and Safety Code to prohibit a person from offering for sale a mattress or an item of upholstered furniture (item) that is not fire resistant, as required by Texas Board of Health (board) rule. The bill requires a person who offers a mattress or an item for sale to label the mattress or item as fire resistant, in compliance with board rules. The bill sets forth applicability standards for furniture and sets forth civil penalties for a violation of these provisions. The bill authorizes the board to adopt rules to exempt items from these provisions if the items do not pose a serious fire hazard. The bill requires the board, in consultation with the fire marshal, to adopt minimum standards for fire-resistant products. The bill requires the board to adopt rules to administer the provisions of the bill not later than November 1, 2001. EFFECTIVE DATE September 1, 2001, and applies only to a mattress or an item of upholstered furniture offered for sale on or after September 1, 2002.