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  89R3163 LRM-D     By: Alvarado, et al. S.B. No. 484       A BILL TO BE ENTITLED   AN ACT   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.