HBA-DMH C.S.H.B. 1251 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1251
By: Menendez
Public Health
3/19/2001
Committee Report (Substituted)



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 in which upholstered furniture was the first item
ignited.  C.S.H.B. 1251 prohibits a person from offering for sale
upholstered furniture that is 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

C.S.H.B. 1251 amends the Health and Safety Code to prohibit a person from
offering for sale an item of upholstered furniture (item) for use in this
state made of material that is not fire resistant or chemically treated to
be fire resistant as required by Texas Board of Health (board) rule.  The
bill requires a person who manufactures an item to be sold in this state to
label the item as fire resistant in compliance with board rules.  The bill
sets forth applicability standards for upholstered 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 state fire marshal, to adopt minimum smolder
standards for fire-resistant products.  The bill requires the board to
adopt rules to administer and enforce 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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1251 differs from the original by excluding a mattress from the
items regulated for fire resistance by the Texas Board of Health (board).
The substitute requires the board to adopt rules to enforce the provisions
of the bill.  The substitute requires a person who manufactures an item of
upholstered furniture (item) for sale, instead of a person who offers an
item for sale, to label the item as fire resistant.  The substitute
specifies that a person may not offer for sale an item that is not made of
material that is fire resistant or chemically treated to be fire resistant.
The substitute includes an item designed and intended solely for outdoor
use as exempt from these provisions and decreases from $1,000 to $500 the
minimum civil penalty for each violation.  The substitute transfers the
authority to request the attorney general to bring suit to recover a civil
penalty from the commissioner of health to the board.  The substitute
clarifies that the minimum standards the board is required to adopt are
smolder standards.