Bill Text: TX SB484 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to portable generator safety and warning labels.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-11-22 - Filed [SB484 Detail]
Download: Texas-2025-SB484-Introduced.html
| 89R3163 LRM-D | ||
| By: Alvarado, et al. | S.B. No. 484 | |
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| 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. | ||
