.- ?#?HE ATT NE-Y ,GENERAL
January 25, 1952
Hon. Geo. W. C,ox,M.D. Opinion No. V-1392
State Health Officer
State Health Dept. Re: Applicabilityof the
Austin, Texas Texas Bedding Act to
veterans training
schools engaged in
renovating sofa beds
Dear Dr. Cox: for the public.
Your request for an opinibn relates to the
appllcatlon~of the Texas Bedding Act (Art. 4476a, V.
C.S.) to vocational schools engaged in renovating
sofa beds for the public. You state that veterans
training schools are financed with federal funds and
admlnisterea through the Central Education Agency.
These trade schools are engaged in training veterans
to upholster furniture ana no labor charge Is made
to the public.
It Is to be noted that Section 11 of the
Act provides “that the provisions of this Act shall
apply to all bedding manufactured,repaired, renovat-
ed and/or sold after the effective date hereof.*
The fact that the Legislature intenaea the
Act to appl to all beading is evidenced by Senate Bill
268, Acts 4I5
th Leg., R.S. 1943, ch. 172, p. 273, where-
in bedding sol&to the United States for war purposes
was made exempt, but only until the cessation of hos-
tillties.
The purpose of the Texas Bedding Act was to
Insure the protection of the public health. Article
447&, V.C.S., provides in parta
“Section 1. (ii) The term “bedding,aa
used in this Act shall mean mattresses,mat-
tress pads, mattress protectors,pillows,
bolsters, feather beds, quilts, comfortables,
sofa beds, studio couches, box springs ana
other filled bedding of any description.
(I
. . .
Hon. Geo. W. Cox, M.D., page,2 (V-1392) -.
"See, 2. (a) Ro peraon shall manufac-
ture, repair, renovate or sell, or ‘.~.~ .
have m
his possession with intent to sell, any arti-
cle of bedding, unless there is'securelgat-
taahea, where clearly visible, a substantial
white cloth tag as provided in this Act. All
tags required by thla~Sectionshall be at-
tached at the factory.
". . .
"(c) Bedding manufacturedin whole or
in part from secondhandmaterial shall have
secure1 attached a tag not less than thirtg-
two '(32
3 square inches in sise upon which
shall be plainly printed in red ink, in the
English language, the statement 'Secondhand
Material' In lettering not less than one-half
(l/2) inch in height and the manufacturersa
permit number, assigned by the~De artment.
The provisions of this Paragraph P c) of Sec-
tlon 2 are not intended to apply to bedding
re-worked, repaired or renovated for the owner
for his own use.
"(a) Beading renovated, re-worked or
repaired for the owner for his own use from
materfal which is in whole or in part second-
hand shall have attachea a tag not less than
six (6) square inches in size, upon which shall
be plainly printed in black ink, in the English
language, the statement 'Mot for Sale, Owner's
OwnMaterial wMOh is SecondhandMaterial' in
lettering-notless than one-eighth (l/8) inch
in height; the name and address of the owner;
and the manufacturgr'spermit number assigned
by the Department.
Section 7(a) of the above-quotedArticle
provides:
'Bo person shall manufacture,renovate,
sell or lease or have in his possession with
intent to sell or lease in the State of Tex-
as, any bedding covered by the provisions of
this Act, unless there be affixed to the tag
required by this Act by the person manufac-
turing, renovating, selling,orleasing the
same, an adhesive stamp prepared and issued
~bgthis Department."
Hon. Geo. W. Cox, M.D., Page 3 (V-1392)
Thus it will be seen that the Legislature,
in the enactment of the Texas Bedding Act, provided
in plain ana unambiguouslanguage that its provisions
should apply to all beaalngmanufactured, repaired
ana renovated. Ro exemption is proviaea for trade
schoo1.s.
We agree with your conclusionthat veterans
training schools are subject to the provisions of the
Texas Bedding Act.
SUMMARY
Veterans training schools, flnancea
with federal funds and administeredby the
Central Education Agency ana which are en-
gaged In training veterans to upholster
furniture,are subject to the provlslons
of the Texas Bedding Act. Art. 4476a, V.C.S.
Yours very truly,
APPROVED: ~PRICEDARIEL
Attorney General
J. C. Davis, Jr.
County,AffalrsDivision
E. Jacobson
Reviewing Assistant
Charles D. Mathews
First Assistant
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