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.