State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-345-bedding

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE A. SANITATION

CHAPTER 345. BEDDING

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 345.001. DEFINITIONS. In this chapter:

(1) "Bedding" means a mattress, mattress pad, mattress

protector, box spring, sofa bed, studio couch, chairbed,

convertible bed, convertible lounge, pillow, bolster, quilt,

quilted spread, comforter, cot pad, sleeping bag, lounge chair

pad, utility or all-purpose pad, crib pad, playpen pad, crib

bumper pad, car bed pad, infant carrier pad, convertible stroller

pad, bassinet pad, bed rest and lounge-type cushion, or a stuffed

or filled article that can be used by a human for sleeping or

reclining.

(2) "Department" means the Texas Department of Health.

(2-a) "Floor model" means new bedding placed in a retail sales

area for display purposes.

(3) "Manufacturer" means a person whose principal business is

the manufacture of bedding from new materials for the purpose of

resale in this state by a distributor, jobber, wholesaler, or

retail outlet or subsidiary outlet if the ownership and the name

are the same as the manufacturer, or if it is an exclusive sales

outlet for the manufacturer, or both.

(4) "Material" means an article, substance, or part of an

article or substance, used in the manufacture, repair, or

renovation of bedding.

(5) "New" means no previous use for any purpose other than

previous use as a floor model.

(6) "Processor" means a person who manufactures, processes, and

sells in this state or for delivery in this state any filling

materials, including felt, batting, pads, or foam, to be used or

that could be used in bedding, other than wooden frames or metal

springs.

(7) "Recycled material" means material that:

(A) is composed of recyclable material or that is derived from

postconsumer waste or industrial waste; and

(B) may be used in place of raw or virgin filling material in

manufacturing, repairing, or renovating bedding.

(8) "Renovate" means to restore to a former condition or to

place in a good state of repair.

(9) "Secondhand" means previous use in any manner other than

previous use as a floor model.

(10) "Sell" includes offering or exposing for sale, including in

a sale, bartering, trading, delivering, consigning, leasing,

possessing with intent to sell, or disposing of in any commercial

manner.

(11) "Wholesaler" means a person located outside this state who

on his own account sells, distributes, or jobs into this state to

another for the purpose of resale bedding or filling material to

be used in bedding. The term does not include an affiliate or

subsidiary if the ownership and the name of the affiliate or

subsidiary are the same as the manufacturer, and the affiliate or

subsidiary is the exclusive sales outlet for the manufacturer.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 1, eff. Sept. 1,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

723, Sec. 1, eff. September 1, 2007.

Sec. 345.002. EVIDENCE OF INTENT TO SELL. The possession of

bedding by a manufacturer, renovator, wholesaler, or person

holding a germicidal treatment permit in the course of business

is presumptive evidence of an intent to sell the bedding.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.003. PAYMENT TO DEPARTMENT. Money collected in the

administration of this chapter is payable to the department.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 2, eff. Sept. 1,

1997.

Sec. 345.004. LIMIT ON EXPENDITURE OF MONEY. The expenditure of

money under this chapter may not exceed the amount of money

collected under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.005. MATERIALS OBTAINED FROM DUMP OR JUNKYARD. (a) A

person may not manufacture, repair, or renovate bedding or

batting using discarded materials obtained from any dump or

junkyard.

(b) A person may not sell an item of discarded bedding obtained

from a source set out in Subsection (a).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.0055. MATERIAL USED IN BEDDING. (a) The department

may adopt rules relating to material used in new or renovated

bedding, including rules:

(1) requiring the use of burn resistant material; and

(2) prohibiting or restricting the use of secondhand or recycled

material.

(b) Rules adopted under this section must be consistent with any

applicable federal law or regulation.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 3, eff. Sept. 1,

1997.

Sec. 345.006. APPLICABILITY OF CHAPTER. This chapter does not

apply to bedding manufactured, repaired, or renovated before June

30, 1939.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.0065. APPLICABILITY OF CHAPTER TO FLOOR MODEL. Bedding

that has not been used for a purpose other than as a floor model

is regulated as new bedding. A floor model may not be regulated

as secondhand bedding under this chapter in any manner.

Added by Acts 2007, 80th Leg., R.S., Ch.

723, Sec. 2, eff. September 1, 2007.

Sec. 345.007. ADVISORY COMMISSION. The Texas Board of Health

may appoint an advisory commission composed of representatives of

consumers and the bedding industry to assist the board in

implementing this chapter.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 3, eff. Sept. 1,

1997.

SUBCHAPTER B. LABELS

Sec. 345.021. LABEL REQUIRED. (a) A person may not

manufacture, repair, renovate, or sell bedding unless a label

that conforms to this subchapter is:

(1) securely attached to the bedding at the location and by a

method approved by the department; and

(2) clearly visible.

(b) The label must be made of substantial cloth or a substance

of equal quality.

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.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 4, eff. Sept. 1,

1997.

Sec. 345.022. LABELS ON BEDDING MADE OF NEW OR SECONDHAND

MATERIAL. (a) A label required under this section shall be

attached at the factory in which the bedding is manufactured.

(b) A label attached to bedding wholly manufactured from new

material must be at least six square inches and state, plainly

stamped or printed in ink:

(1) "All New Material" in lettering at least one-eighth inch

high;

(2) the kind and grade of each material used in the filling and,

if more than one kind or grade of material is used, the

percentage, in descending order, by weight of each material; and

(3) the manufacturer's permit number assigned by the department.

manufactured from secondhand or recycled material, other than

bedding reworked, repaired, or renovated for the owner for the

owner's personal use, must be at least 12 square inches and

state, plainly stamped or printed in ink:

(1) "Secondhand or Recycled Material" in lettering at least

one-fourth inch high; and

(2) the manufacturer's permit number assigned by the department.

(d) A label attached to bedding renovated, reworked, or repaired

for the owner for the owner's personal use and from the owner's

material that is in whole or in part secondhand must be at least

six square inches and state, plainly stamped or printed in ink:

(1) "Not for Sale, Owner's Own Material which is Secondhand

Material" in lettering at least one-eighth inch high;

(2) the name and address of the owner; and

(3) the manufacturer's permit number assigned by the department.

(e) A term used on a label required by this section to describe

kinds and grades of material used in filling must conform to

those defined in the department's rules, and a trade or

substitute term may not be used.

(f) The department may adopt rules that:

(1) require that the label state conformity with burn resistant

material requirements or identify any chemical treatment applied

to the bedding; and

(2) exempt from the requirements of this section a custom

upholstery business that does not repair or renovate bedding for

resale.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 4, eff. Sept. 1,

1997.

Sec. 345.023. FALSE OR MISLEADING STATEMENT PROHIBITED. A

person may not make a false or misleading statement on a label

required by Section 345.022.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 4, eff. Sept. 1,

1997.

Sec. 345.024. GERMICIDAL TREATMENT OF BEDDING AND MATERIALS.

(a) Except as provided by Subsection (b), a person may not sell

secondhand bedding or bedding manufactured in whole or in part

from secondhand or recycled material unless the bedding has been

germicidally treated and cleaned by a method approved by the

department.

(b) An upholstered sofa bed, reclining chair, or studio couch

shall be germicidally treated and cleaned only when required by

department rules.

renovation of bedding a material that has not been cleaned and

germicidally treated by a process or treatment approved by the

department if the material:

(1) has been used by a person with a communicable disease; or

(2) is filthy, oily, stained, or harbors loathsome insects or

pathogenic organisms.

(d) A person may not sell material or bedding requiring

germicidal treatment under this section unless the person

applying the germicidal treatment securely attaches by a method

approved by the department a label that is at least 12 square

inches and contains, plainly printed in ink:

(1) a statement that the article or material has been

germicidally treated by a method approved by the department;

(2) a statement of the method of germicidal treatment applied;

(3) the date the article was germicidally treated;

(4) the name and address of the person for whom the article was

germicidally treated; and

(5) the permit number of the person applying the germicidal

treatment.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 4, eff. Sept. 1,

1997.

Sec. 345.025. LABEL REQUIRED ON FILLING MATERIAL. A processor

shall identify each item of material to be used for filling

bedding by affixing to the filling material a label as required

by department rules.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 4, eff. Sept. 1,

1997.

Sec. 345.026. REMOVAL, DEFACEMENT, OR ALTERATION. A person may

not remove, deface, or alter, or cause the removal, defacing, or

alteration of, a label or a statement on the label to defeat a

provision of this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 4, eff. Sept. 1,

1997.

Sec. 345.027. COLOR OF LABEL AND LETTERING. The department may

adopt rules governing the color of label required under this

subchapter and the color of the lettering on the label.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 4, eff. Sept. 1,

1997.

Sec. 345.028. APPLICATION TO RECYCLED MATERIAL. Notwithstanding

any other provision of this subchapter, this subchapter applies

to bedding manufactured, repaired, or renovated in whole or in

part from recycled materials only to the extent required by

department rules.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 4, eff. Sept. 1,

1997.

SUBCHAPTER C. PERMITS

Sec. 345.041. PERMITS. (a) A person may not manufacture,

wholesale, or engage in the business of renovating or selling

bedding in this state or for delivery in this state unless the

person has a permit for that purpose from the department.

(b) A processor may not sell filling material used for filling

bedding in this state or for delivery in this state unless the

person has a permit for that purpose from the department.

requirement of this section a custom upholstery business that

does not repair or renovate bedding for resale.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 5, eff. Sept. 1,

1997.

Sec. 345.042. PERMIT TO APPLY GERMICIDAL TREATMENT. (a) A

person may not apply a germicidal process unless:

(1) the process has been registered with and approved by the

department; and

(2) the person has a numbered germicidal treatment permit issued

by the department.

(b) A permit may be renewed annually only after the permit

holder submits proof of continued compliance with this chapter

and department rules adopted under this chapter.

conspicuously posted on the premises of the person's business

near the treatment device.

(d) A person who holds a permit shall keep an accurate record of

all materials that have been germicidally treated. The record

must include the:

(1) source of the material;

(2) date of treatment; and

(3) name and address of the owner of each item.

(e) The record shall be available for inspection at any time by

a representative of the department.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.043. FEES; EXPIRATION. (a) The Texas Board of Health

shall set the fees for an initial permit issued under this

chapter and for renewal of a permit issued under this chapter in

amounts reasonable and necessary to defray the cost of

administering this chapter.

(b) A fee collected under this chapter shall be deposited to a

special account in the state treasury. Money in the account may

be appropriated only to the department to administer and enforce

this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 6, eff. Sept. 1,

1997.

Sec. 345.0435. ADOPTION OF RULES; MINIMUM STANDARDS. (a) The

executive commissioner of the Health and Human Services

Commission shall adopt rules necessary to implement this

subchapter, including requirements for the issuance, renewal,

denial, suspension, and revocation of a permit issued under this

subchapter.

(b) The rules must contain minimum standards to protect the

health and safety of the public.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 7, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

153, Sec. 1, eff. September 1, 2005.

Sec. 345.0436. SUBMISSION OF PRODUCT TEST RESULTS OR SAMPLE. In

conjunction with the issuance or renewal of a permit under this

subchapter, the department may require the applicant or permit

holder to submit:

(1) a product sample; or

(2) the results of tests conducted on the product as required by

the department.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 7, eff. Sept. 1,

1997.

Sec. 345.044. REVOCATION OF PERMIT FOR UNSANITARY CONDITION.

(a) A bedding manufacturer or renovator shall keep the

manufacturer's or renovator's place of business in a sanitary

condition satisfactory to the department.

(b) The department may revoke the permit of a bedding

manufacturer or renovator who violates this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.045. MINIMUM SANITARY STANDARDS FOR GERMICIDAL

TREATMENT PERMIT. (a) The holder of a germicidal treatment

permit must maintain the permit holder's place of business in a

sanitary condition free from refuse, dirt contamination, insects,

and vermin.

(b) The executive commissioner of the Health and Human Services

Commission, by rule, may establish additional requirements

regulating the sanitary condition of a permit holder's place of

business. The holder of a germicidal treatment permit who

germicidally treats not more than 10 items at the permit holder's

place of business each week is exempt from any additional

requirements regulating the sanitary condition of a permit

holder's place of business adopted under this subsection.

Added by Acts 2005, 79th Leg., Ch.

153, Sec. 2, eff. September 1, 2005.

SUBCHAPTER D. GENERAL ENFORCEMENT; CRIMINAL OFFENSE

Sec. 345.081. DUTY TO ENFORCE CHAPTER. The department shall

enforce this chapter for the protection of the public health and

welfare.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.082. RULEMAKING AUTHORITY. The department may adopt

rules to implement and enforce this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.083. INSPECTION. (a) To determine compliance with

this chapter or a rule adopted under this chapter, a

representative of the department may enter a place at which:

(1) bedding is manufactured, repaired, renovated, stored, or

sold;

(2) materials are prepared for use in bedding; or

(3) germicidal treatment of bedding is performed.

(b) A representative of the department may take a sample of

materials for inspection and analysis.

a case involving a violation of this chapter or a rule adopted

under this chapter bedding or materials manufactured, repaired,

renovated, or sold in violation of this chapter or a rule adopted

under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.084. SALE OF BEDDING OR MATERIAL PROHIBITED BY

DEPARTMENT. (a) A representative of the department may prohibit

the sale of specified bedding or material that is being or could

be offered for sale in violation of this chapter or a rule

adopted under this chapter.

(b) The representative shall appropriately tag any bedding or

materials the sale of which is prohibited.

materials that are tagged under this section may not be disposed

of in any manner unless:

(1) satisfactory compliance with this chapter and the rules

adopted under this chapter has been shown;

(2) a representative of the department releases the bedding for

sale; and

(3) a representative of the department has approved the removal

or the department has directed that the tag be removed and the

bedding or materials may be disposed of.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.085. JUDICIAL REVIEW. A person aggrieved by a final

decision of the department is entitled to judicial review.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.086. INTERFERENCE WITH DEPARTMENT REPRESENTATIVE. A

person may not interfere with, obstruct, or hinder a

representative of the department performing a duty under this

chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 345.087. PROHIBITED ACTS; CRIMINAL OFFENSE. (a) A person

commits an offense if a person:

(1) manufactures, repairs, or renovates:

(A) bedding using material in violation of rules adopted under

Section 345.0055;

(B) bedding or batting in violation of Section 345.005;

(D) bedding that does not conform to the label requirements of

Subchapter B;

(2) introduces or delivers for introduction into commerce:

(A) bedding or batting manufactured, repaired, or renovated in

violation of Section 345.005, 345.0055, or 345.024;

(B) bedding that does not conform to the label requirements of

Subchapter B; or

provided by Section 345.084;

(3) receives in commerce:

(A) bedding or batting manufactured, repaired, or renovated in

violation of Section 345.005, 345.0055, or 345.024;

(B) bedding that does not conform to the label requirements of

Subchapter B; or

provided by Section 345.084; or

(4) violates Section 345.041, 345.042, or any other provision of

this chapter or a rule adopted under this chapter.

(b) An offense under this section is a Class A misdemeanor.

(3), it is not necessary to prove intent, knowledge,

recklessness, or criminal negligence.

(d) It is a defense to prosecution under Subsection (a)(2) or

(3) that the person acted in good faith and was not the person

who manufactured, repaired, or renovated the article. This

subsection does not apply unless the person furnishes, on request

of the department or a local health authority, the name and

address of the person from whom the article was received and

copies of any documents relating to receipt of the article.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 8, eff. Sept. 1,

1997.

SUBCHAPTER E. ADMINISTRATIVE PENALTY; INJUNCTION

Sec. 345.101. ADMINISTRATIVE PENALTY. (a) The department may

assess an administrative penalty against a person who violates

this chapter or a rule adopted under this chapter.

(b) The penalty may not exceed $25,000 for each violation. Each

day of a continuing violation constitutes a separate violation.

assessed under this section, the department shall consider:

(1) the seriousness of the violation;

(2) the history of previous violations;

(3) the amount necessary to deter future violations;

(4) efforts made to correct the violation; and

(5) any other matters that justice may require.

(d) All proceedings for the assessment of an administrative

penalty under this chapter are subject to Chapter 2001,

Government Code.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.102. NOTICE; REQUEST FOR HEARING. (a) If, after

investigation of a possible violation and the facts surrounding

that possible violation, the department determines that a

violation has occurred, the department shall give written notice

of the violation to the person alleged to have committed the

violation. The notice must include:

(1) a brief summary of the alleged violation;

(2) a statement of the amount of the proposed penalty based on

the factors set forth in Section 345.101(c); and

(3) a statement of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both

the occurrence of the violation and the amount of the penalty.

(b) Not later than the 20th day after the date on which the

notice is received, the person notified may accept the

determination of the department made under this section,

including the proposed penalty, or may make a written request for

a hearing on that determination.

determination of the department or if the person fails to respond

in a timely manner to the notice, the commissioner of public

health or the commissioner's designee shall issue an order

approving the determination and ordering that the person pay the

proposed penalty.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.103. HEARING; ORDER. (a) If the person notified

requests a hearing, the department shall:

(1) set a hearing;

(2) give written notice of the hearing to the person; and

(3) designate a hearings examiner to conduct the hearing.

(b) The hearings examiner shall make findings of fact and

conclusions of law and shall promptly issue to the commissioner

of public health or the commissioner's designee a proposal for

decision as to the occurrence of the violation and a

recommendation as to the amount of the proposed penalty if a

penalty is determined to be warranted.

recommendations of the hearings examiner, the commissioner of

public health or the commissioner's designee by order may find

that a violation has occurred and may assess a penalty or may

find that no violation has occurred.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.104. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;

JUDICIAL REVIEW; REFUND. (a) The department shall give notice

of the order under Section 345.103(c) to the person alleged to

have committed the violation. The notice must include:

(1) separate statements of the findings of fact and conclusions

of law;

(2) the amount of any penalty assessed; and

(3) a statement of the right of the person to judicial review of

the order.

(b) Not later than the 30th day after the date on which the

decision is final as provided by Chapter 2001, Government Code,

the person shall:

(1) pay the penalty;

(2) pay the penalty and file a petition for judicial review

contesting the occurrence of the violation, the amount of the

penalty, or both the occurrence of the violation and the amount

of the penalty; or

(3) without paying the penalty, file a petition for judicial

review contesting the occurrence of the violation, the amount of

the penalty, or both the occurrence of the violation and the

amount of the penalty.

(b)(3) may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving to the court a supersedeas bond that is approved by

the court for the amount of the penalty and that is effective

until all judicial review of the order is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the amount

of the penalty and is financially unable to give the supersedeas

bond; and

(B) giving a copy of the affidavit to the department by

certified mail.

(d) If the department receives a copy of an affidavit under

Subsection (c)(2), the department may file with the court, within

five days after the date the copy is received, a contest to the

affidavit. The court shall hold a hearing on the facts alleged in

the affidavit as soon as practicable and shall stay the

enforcement of the penalty on finding that the alleged facts are

true. The person who files an affidavit has the burden of proving

that the person is financially unable to pay the penalty and to

give a supersedeas bond.

(e) If the person does not pay the penalty and the enforcement

of the penalty is not stayed, the department may refer the matter

to the attorney general for collection of the penalty.

(f) Judicial review of the order:

(1) is instituted by filing a petition as provided by Subchapter

G, Chapter 2001, Government Code; and

(2) is under the substantial evidence rule.

(g) If the court sustains the occurrence of the violation, the

court may uphold or reduce the amount of the penalty and order

the person to pay the full or reduced amount of the penalty. If

the court does not sustain the occurrence of the violation, the

court shall order that no penalty is owed.

(h) When the judgment of the court becomes final, the court

shall proceed under this subsection. If the person paid the

amount of the penalty under Subsection (b)(2) and if that amount

is reduced or is not upheld by the court, the court shall order

that the department pay the appropriate amount plus accrued

interest to the person. The rate of the interest is the rate

charged on loans to depository institutions by the New York

Federal Reserve Bank, and the interest shall be paid for the

period beginning on the date the penalty was paid and ending on

the date the penalty is remitted. If the person paid the penalty

under Subsection (c)(1)(A), or gave a supersedeas bond, and if

the amount of the penalty is not upheld by the court, the court

shall order the release of the escrow account or bond. If the

person paid the penalty under Subsection (c)(1)(A) and the amount

of the penalty is reduced, the court shall order that the amount

of the penalty be paid to the department from the escrow account

and that the remainder of the account be released. If the person

gave a supersedeas bond and if the amount of the penalty is

reduced, the court shall order the release of the bond after the

person pays the amount.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.105. PENALTY DEPOSITED TO STATE TREASURY. An

administrative penalty collected under this subchapter shall be

deposited in the state treasury to the credit of the general

revenue fund.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.106. INJUNCTION. (a) At the request of the

commissioner of public health, the attorney general may petition

the district court for a temporary restraining order to restrain

a continuing violation of this chapter or a threat of a

continuing violation of this chapter if the commissioner of

public health finds that:

(1) a person has violated, is violating, or is threatening to

violate this chapter; and

(2) the violation or threatened violation creates an immediate

threat to the health and safety of the public.

(b) A district court, on petition under this section and on a

finding by the court that a person is violating or threatening to

violate this chapter, shall grant any injunctive relief warranted

by the facts.

in which the violation or threat of violation is alleged to have

occurred or in Travis County.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.107. RECOVERY OF COSTS. (a) The department may assess

reasonable expenses and costs against a person in an

administrative hearing if, as a result of the hearing, the

person's permit is denied, suspended, or revoked or if

administrative penalties are assessed against the person. The

person shall pay expenses and costs assessed under this

subsection not later than the 30th day after the date on which

the order issued by the commissioner of public health or the

commissioner's designee requiring the payment of expenses and

costs is final. The department may refer the matter to the

attorney general for collection of the expenses and costs.

(b) If the attorney general brings an action against a person

under Section 345.106 or to enforce an administrative penalty

assessed under this subchapter and an injunction is granted

against the person or the person is found liable for an

administrative penalty, the attorney general may recover, on

behalf of the attorney general and the department, reasonable

expenses and costs.

costs" include expenses incurred by the department and the

attorney general in the investigation, initiation, or prosecution

of an action, including reasonable investigative costs, court

costs, attorney's fees, witness fees, and deposition expenses.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

SUBCHAPTER F. DETENTION OR EMBARGO OF BEDDING

Sec. 345.131. DEFINITIONS. In this subchapter:

(1) "Authorized agent" means an employee of the department who

is designated by the commissioner of public health to enforce the

provisions of this chapter.

(2) "Detained or embargoed bedding" means bedding that has been

detained or embargoed under Section 345.132.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.132. DETAINED OR EMBARGOED BEDDING. (a) The

commissioner of public health or an authorized agent may detain

or embargo bedding under this section if the commissioner or the

authorized agent finds or has probable cause to believe that the

article violates this chapter or a rule or standard adopted under

this chapter.

(b) The commissioner of public health or an authorized agent

shall affix to detained or embargoed bedding a tag or other

appropriate marking that gives notice that:

(1) the bedding violates or is suspected of violating this

chapter or a rule or standard adopted under this chapter; and

(2) the bedding has been detained or embargoed.

warn all persons not to use the bedding, remove the bedding from

the premises, or dispose of the bedding by sale or otherwise

until permission for use, removal, or disposal is given by the

commissioner of public health, the authorized agent, or a court.

(d) A person may not use detained or embargoed bedding, remove

detained or embargoed bedding from the premises, or dispose of

detained or embargoed bedding by sale or otherwise without

permission of the commissioner of public health, the authorized

agent, or a court.

(e) The commissioner of public health or an authorized agent

shall remove the tag or other marking from detained or embargoed

bedding if the commissioner or an authorized agent finds that the

bedding does not violate this chapter or a rule or standard

adopted under this chapter.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.133. REMOVAL ORDER FOR DETAINED OR EMBARGOED BEDDING.

(a) If the claimant of the detained or embargoed bedding or the

claimant's agent fails or refuses to transfer the bedding to a

secure place after the tag or other appropriate marking has been

affixed as provided by Section 345.132, the commissioner of

public health or an authorized agent may order the transfer of

the bedding to one or more secure storage areas to prevent

unauthorized use, removal, or disposal.

(b) The commissioner of public health or an authorized agent may

provide for the transfer of the bedding if the claimant of the

bedding or the claimant's agent does not carry out the transfer

order in a timely manner.

pay the costs of the transfer, and the costs of any transfer made

under Subsection (a) or (b) shall be assessed against the

claimant of the bedding or the claimant's agent.

(d) The commissioner of public health may request the attorney

general to bring an action in the district court in Travis County

to recover the costs of the transfer. In a judgment in favor of

the state, the court may award costs, attorney's fees, court

costs, and interest from the time the expense was incurred

through the date the department is reimbursed.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.134. CONDEMNATION. An action for the condemnation of

bedding may be brought before a court in whose jurisdiction the

bedding is located, detained, or embargoed if the bedding

violates this chapter or a rule or standard adopted under this

chapter.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.135. RECALL ORDERS. (a) In conjunction with the

detention or embargo of bedding under this subchapter, the

commissioner of public health may order bedding to be recalled

from commerce.

(b) The commissioner of public health's recall order may require

the bedding to be removed to one or more secure areas approved by

the commissioner or an authorized agent.

commissioner of public health.

(d) The recall order may be issued before or in conjunction with

the affixing of the tag or other appropriate marking as provided

by Section 345.132(b).

(e) The recall order is effective until the order:

(1) expires on its own terms;

(2) is withdrawn by the commissioner of public health; or

(3) is reversed by a court in an order denying condemnation

under Section 345.134.

(f) The claimant of the bedding or the claimant's agent shall

pay the costs of the removal and storage of the bedding removed.

(g) If the claimant or the claimant's agent fails or refuses to

carry out the recall order in a timely manner, the commissioner

of public health may provide for the recall of the bedding. The

costs of the recall shall be assessed against the claimant of the

bedding or the claimant's agent.

(h) The commissioner of public health may request the attorney

general to bring an action in the district court of Travis County

to recover the costs of the recall. In a judgment in favor of the

state, the court may award costs, attorney's fees, court costs,

and interest from the time the expense was incurred through the

date the department is reimbursed.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.136. DESTRUCTION OF BEDDING. (a) A court shall order

the destruction of detained or embargoed bedding if the court

finds that the bedding violates this chapter or a rule or

standard adopted under this chapter.

(b) After entry of the court's order, an authorized agent shall

supervise the destruction of the bedding.

destruction of the bedding.

(d) The court shall tax against the claimant of the bedding or

the claimant's agent all court costs and fees and storage and

other proper expenses.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.

Sec. 345.137. CORRECTION BY PROPER LABELING OR PROCESSING. (a)

A court may order the delivery of detained or embargoed bedding

that violates this chapter or a rule or standard adopted under

this chapter to the claimant of the bedding for labeling or

processing under the supervision of an agent of the commissioner

of public health or an authorized agent if:

(1) the decree has been entered in the suit relating to the

detained or embargoed bedding;

(2) the claimant has paid the costs, fees, and expenses of the

suit;

(3) the violation can be corrected by proper labeling or

processing; and

(4) a good and sufficient bond, conditioned on the correction of

the violation by proper labeling or processing, has been

executed.

(b) The claimant shall pay the costs of the supervision of the

labeling or processing by the agent of the commissioner of public

health or an authorized agent.

claimant and the bond discharged on the representation to the

court by the commissioner of public health or an authorized agent

that the article no longer violates this chapter or a rule or

standard adopted under this chapter and that the expenses of the

supervision are paid.

Added by Acts 1997, 75th Leg., ch. 1055, Sec. 10, eff. Sept. 1,

1997.