City of San Antonio - File #: 15-5960

• File #: 15-5960
• Type: City Code Amendments
• In control: City Council A Session
• On agenda: 12/3/2015
• Posting Language: An Ordinance amending Chapter 15 of the City Code of San Antonio, Texas, by adopting secondhand/refurbished mattress consumer protection regulations and providing for penalties, publication and an effective date. [Erik Walsh, Deputy City Manager; Roderick Sanchez, Director, Development Services]

Date	Ver.	Action By	Action	Result
12/3/2015	1	City Council A Session	Motion to Approve	Pass

DEPARTMENTS: Development Services and Health

DEPARTMENT HEADS: Roderick Sanchez and Dr. Vincent Nathan

COUNCIL DISTRICTS IMPACTED: City Wide

SUBJECT:

San Antonio Used Mattress Consumer Protection Ordinance

SUMMARY:

Council Member Alan Warrick, II, submitted a Council Consideration Request (CCR) on April 1, 2015 asking City staff to research and recommend measures to mitigate and prevent San Antonio consumers from purchasing unlabeled and/or untreated secondhand/refurbished mattresses. The CCR requests the City of San Antonio adopt an ordinance implementing certain consumer protection regulations that would require businesses engaged in the sale of secondhand/refurbished or re-used mattresses or bedding to register with the City and adhere to certain notification requirements.

BACKGROUND INFORMATION:

Prior to September 1, 2015, secondhand bedding sales were governed under Texas Administrative Code Chapter 205, Subchapter A, Bedding Rules. Under those regulations, if you sell, manufacture, distribute/wholesale, or import bedding products into the state of Texas, and/or you renovate, or germicidally treat used bedding you were required to register through Texas Department of State Health Services, Regulatory Licensing Unit. Failure to register, properly treat and/or display untreated/unlabeled products resulted in Administrative penalties. Complaints and inspections regarding this industry were currently regulated under the Texas Department of State Health Services.

However, in this last legislative session, TX Department of State Health Services has abandoned their licensing and registration requirements. In short, the bedding laws of the state of Texas were abolished effective September 1, 2015. The actual repeal of Chapter 345 of the Texas Health and Safety Code (Bedding Statute) was found in SB202, Section 3.030.

Development Services presented recommendations to the Neighborhoods and Livability Council Committee on Oc...