1-1  By:  West                                             S.B. No. 1100
    1-2        (In the Senate - Filed March 12, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on State Affairs; May 5, 1993,
    1-4  reported favorably, as amended, by the following vote:  Yeas 11,
    1-5  Nays 0; May 5, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas                              x    
    1-9        Rosson             x                               
   1-10        Carriker           x                               
   1-11        Henderson          x                               
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna               x                               
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley            x                               
   1-18        Sibley             x                               
   1-19        West               x                               
   1-20        Whitmire                                      x    
   1-21  COMMITTEE AMENDMENT NO. 1                                 By:  West
   1-22  Amend S.B. No. 1100 as follows:
   1-23        (1)  On page   8, line  38  strike SECTION 6 and add the
   1-24  following:
   1-25        SECTION 6.  The Health Spa Act (Article 5221l, Vernon's Texas
   1-26  Civil Statutes) is amended by adding Section 10B to read as
   1-27  follows:
   1-28        Sec. 10B.  EXEMPTION FROM SECURITY REQUIREMENTS.  (a)  As
   1-29  provided in this section, a health spa registrant may apply for an
   1-30  exemption from the security requirements of Section 10 of this Act.
   1-31  To qualify for an exemption, a registrant must first file an
   1-32  application for an exemption on a form approved by the secretary.
   1-33  The application shall be verified by the person authorized by the
   1-34  secretary to make the application.  On approval of the exemption,
   1-35  the secretary shall issue a certificate of exemption.  A registrant
   1-36  who has been granted a certificate of exemption by the secretary
   1-37  shall not be required to post a bond or other security as required
   1-38  by Section 10 of this Act.
   1-39        (b)  A health spa registrant may apply for an exemption from
   1-40  the security requirements of Section 10 of this Act if it meets the
   1-41  following criteria:
   1-42              (1)  the registrant does not require a health spa
   1-43  consumer to:
   1-44                    (A)  execute a membership contract for a term
   1-45  exceeding 31 days;
   1-46                    (B)  execute a note or a retail installment
   1-47  contract;
   1-48                    (C)  authorize a draw or other recurring debit on
   1-49  a financial institution to the favor of the registrant or the
   1-50  registrant's assignee;
   1-51                    (D)  pay an initiation fee or other fee except
   1-52  monthly dues; or
   1-53                    (E)  prepay for a term exceeding 31 days; and
   1-54              (2)  the registrant does not solicit or offer any plan
   1-55  or program which contains any of the elements identified in
   1-56  Subdivision (1) of this subsection.
   1-57        (c)  Alternatively, a health spa registrant may apply for an
   1-58  exemption from the security requirements of Section 10 of this Act
   1-59  if:
   1-60              (1)  the registrant owns and operates at least one
   1-61  health spa located in this state which has operated continuously at
   1-62  one location for at least five years; and
   1-63              (2)  none of the members of a health spa owned by the
   1-64  registrant has initiated or filed a complaint with any governmental
   1-65  authority in this state relating to the closing of a health spa
   1-66  owned by the registrant or the failure of a health spa owned by the
   1-67  registrant to open.
   1-68        (d)  If a health spa registrant, who has claimed an exemption
    2-1  provided by Subsection (c) of this section, closes a health spa or
    2-2  fails to open a health spa and a member of the health spa initiates
    2-3  or files a complaint with any governmental authority in this state
    2-4  relating to the closing of the health spa or the failure of the
    2-5  health spa to open, the registrant may still claim an exemption
    2-6  under Subsection (c) of this section for all health spas operating
    2-7  on the date the health spa closed or failed to open; however, the
    2-8  registrant shall provide the security required by Section 10 of
    2-9  this Act for all health spas the registrant opens after the date
   2-10  the spa closed or failed to open.
   2-11        (e)  If a health spa registrant, who has claimed an exemption
   2-12  provided by Subsection (c) of this section, has closed or failed to
   2-13  open more than one health spa and a member of one of the affected
   2-14  health spas initiates or files a complaint with any governmental
   2-15  authority in this state relating to the closing of a health spa
   2-16  owned by the registrant or the failure of a health spa owned by the
   2-17  registrant to open, the registrant shall no longer qualify for an
   2-18  exemption under Subsection (c) of this section and shall be subject
   2-19  to the provisions of Subsection (i) of this section.
   2-20        (f)  If a health spa registrant, who has claimed an exemption
   2-21  provided by Subsection (c) of this section, is forced, due to an
   2-22  act of God or an act of a governmental authority beyond the control
   2-23  of the registrant, to move or temporarily close the location of the
   2-24  health spa which provides the basis for the exemption, the
   2-25  registrant may still claim an exemption under Subsection (c) of
   2-26  this section as long as the spa is not moved more than 10 miles
   2-27  from the original facility.  This subsection shall apply regardless
   2-28  of whether the move is temporary or permanent.
   2-29        (g)  An exemption provided by this section is not
   2-30  transferable.  If a health spa registrant sells or otherwise
   2-31  transfers ownership in a health spa for which an exemption from the
   2-32  security requirement has been granted, the new owner shall file a
   2-33  new application for an exemption or post the security required by
   2-34  Section 10 of this Act no later than the fifth day following the
   2-35  date of the sale or transfer.
   2-36        (h)  To claim an exemption provided by Subsection (c) of this
   2-37  section, a registrant must have continuously owned and operated at
   2-38  least one health spa which is eligible for an exemption under that
   2-39  subsection.  A newly acquired health spa, regardless of its
   2-40  previous eligibility for an exemption, may not provide the basis
   2-41  for an exemption.
   2-42        (i)  The secretary, after notice and hearing, may refuse to
   2-43  issue or may permanently revoke a registrant's certificate of
   2-44  exemption if the secretary finds that the registrant:
   2-45              (1)  furnished false information on the application for
   2-46  exemption; or
   2-47              (2)  no longer qualifies for an exemption.
   2-48  COMMITTEE AMENDMENT NO. 2                                 By:  West
   2-49  Amend S.B. No. 1100 as follows:
   2-50        (2)  On page  9,  line  22, between the words "by" and
   2-51  "Section" insert the words:  "Subsection (b) of"
   2-52                         A BILL TO BE ENTITLED
   2-53                                AN ACT
   2-54  relating to the regulation of health spas; providing a penalty;
   2-55  making appropriations.
   2-56        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   2-57        SECTION 1.  Section 6, Health Spa Act (Article 5221l,
   2-58  Vernon's Texas Civil Statutes), is amended to read as follows:
   2-59        Sec. 6.  DEFINITIONS.  In this Act:
   2-60        (a)  "Closed," "closes," or "closing" means a condition
   2-61  where:
   2-62              (1)  the facilities of a health spa are no longer
   2-63  available to its members and equivalent facilities within 10 miles
   2-64  of the closed facilities have not been made available to members of
   2-65  the closed facilities; or
   2-66              (2)  the registrant has sold a registered location and
   2-67  the security required by Section 8 of this Act has either been
   2-68  cancelled, withdrawn, or is otherwise unavailable for the use of
   2-69  members; or
   2-70              (3)  the registrant has sold a registered location and
    3-1  the new owner has neither adopted nor honored the contracts of
    3-2  existing members.
    3-3        (b) <(1)>  "Contract" means an agreement by which a person
    3-4  <one> becomes a member of a health spa.
    3-5        (c) <(2)>  "Facilities" means equipment, physical structures,
    3-6  improvements, improvements to leasehold premises, and other
    3-7  tangible property, real, personal, or mixed, used by a health spa
    3-8  at each location to conduct its business, including but not limited
    3-9  to saunas, whirlpool baths, gymnasiums, running tracks, swimming
   3-10  pools, shower areas, racquetball courts, martial arts equipment,
   3-11  and exercise equipment.
   3-12        (d)  "Fully open" or "fully open for business" means the date
   3-13  on which all services of the health spa that were advertised before
   3-14  the opening or promised to be made available are available for use
   3-15  by its members.
   3-16        (e) <(3)>  "Health spa" means a business <primarily> involved
   3-17  in the sale of memberships that provides the members instruction in
   3-18  a program of physical exercise or provides the members use of the
   3-19  facilities of the health spa for a program of physical exercise.
   3-20  The term does not include an organization that is tax exempt under
   3-21  26 U.S.C. 501 et seq., a private club owned and operated by its
   3-22  members, an entity exclusively <primarily> operated for the purpose
   3-23  of teaching dance or aerobic exercise, an entity exclusively
   3-24  <primarily> engaged in physical rehabilitation activity related to
   3-25  an individual's injury or disease, an individual or entity engaged
   3-26  in an activity authorized under a valid license issued by this
   3-27  state, or an activity conducted or sanctioned by a school operating
   3-28  under the Education Code.
   3-29        (f)  "Location" means the physical site or place where health
   3-30  spa facilities are located.
   3-31        (g) <(4)>  "Member" means a person entitled to the benefits
   3-32  of membership in a health spa.
   3-33        (h) <(5)>  "Membership" means the status under a contract
   3-34  between an individual and a health spa that entitles the individual
   3-35  to the use of services or facilities of the health spa.
   3-36        (i)  "Obligor" means a person other than a surety who is
   3-37  obligated to perform in the event of a registrant's default.
   3-38        (j) <(6)>  "Person" means an individual, corporation,
   3-39  association, organization, partnership, business trust, trust,
   3-40  estate, and any other legal entity.
   3-41        (k) <(7)>  "Prepayment" means consideration paid to a health
   3-42  spa by a purchaser prior to the time that the health spa is fully
   3-43  open for business <a payment for all services or for the use of
   3-44  facilities made by members of a health spa before the first day the
   3-45  services or facilities are made available to the members>.
   3-46        (l) <(8)>  "Purchaser" means a person who seeks or acquires
   3-47  by purchase the use of health spa facilities or services <purchases
   3-48  a health spa membership>.
   3-49        (m)  "Registrant" means a person who has registered with the
   3-50  secretary and has been issued a health spa operator's certificate
   3-51  of registration.
   3-52        (n)  "Secretary" means the secretary of state.
   3-53        (o) <(9)>  "Seller" means a person who owns or operates a
   3-54  health spa or who offers for sale the right to use the facilities
   3-55  or the services of the health spa.
   3-56        (p) <(10)>  "Services" means programs, plans, guidance, or
   3-57  instruction that a health spa provides for its members, including
   3-58  diet planning, exercise instruction, exercise programs, and
   3-59  instructional classes.
   3-60        SECTION 2.  Section 8, Health Spa Act (Article 5221l,
   3-61  Vernon's Texas Civil Statutes), is amended to read as follows:
   3-62        Sec. 8.  REGISTRATION.  (a)  A person may not operate a
   3-63  health spa or offer for sale or sell memberships in a health spa in
   3-64  this state unless the person possesses a valid health spa
   3-65  operator's certificate of registration.
   3-66        (b)  Each applicant for a health spa operator's certificate
   3-67  of registration shall file with the secretary for each location an
   3-68  application for registration containing the following information:
   3-69              (1)  the legal name, address, and telephone number of
   3-70  the applicant;
    4-1              (2)  the trade name by which the applicant does
    4-2  business and if incorporated, the name registered with the
    4-3  secretary, the location of the registered office, and the name and
    4-4  address of any person who directly or indirectly owns or controls
    4-5  10 percent or more of the outstanding shares of stock in the
    4-6  corporation;
    4-7              (3)  the date on which the applicant became the owner
    4-8  and operator of the health spa;
    4-9              (4)  the address of the health spa;
   4-10              (5)  the type of available or proposed facilities and
   4-11  services offered at the location; and
   4-12              (6)  samples of all contracts used by the seller in
   4-13  connection with the sale of memberships.
   4-14        (c)  Each application for a health spa operator's certificate
   4-15  of registration shall be accompanied by proof of the security
   4-16  required by this Act and payment of the required fee for issuance
   4-17  of the certificate.
   4-18        (d)  All certificates of registration are valid for a period
   4-19  of one year from the date of issuance and are renewable as provided
   4-20  by the secretary.
   4-21        (e)  The registrant shall amend the application for
   4-22  registration not later than the 90th day after the day on which a
   4-23  change in the information provided in the statement occurs.
   4-24        (f)  A health spa operator's certificate of registration is
   4-25  not transferrable.  In the event a registrant sells or otherwise
   4-26  transfers ownership in a registered health spa location, the new
   4-27  owner or owners shall file an application for registration as
   4-28  required by this section no later than the fifth day following the
   4-29  date of sale.
   4-30        (g)  The secretary may charge each applicant for a
   4-31  certificate of registration a reasonable fee not to exceed $100 to
   4-32  cover the cost of application or renewal.
   4-33        (h)  The secretary, after notice and hearing, may refuse to
   4-34  issue or may permanently revoke or suspend for a definite period of
   4-35  time a certificate of registration if the secretary finds that the
   4-36  applicant or registrant:
   4-37              (1)  furnished false information on any application,
   4-38  report, or other document filed with the secretary;
   4-39              (2)  failed to provide the contract disclosure language
   4-40  required by Section 12 of this Act; or
   4-41              (3)  failed to file and maintain the bond or post other
   4-42  security for each location as required by Section 10 of this Act.
   4-43        (i)  A registrant shall prominently post the health spa
   4-44  operator's certificate of registration at each registered location
   4-45  <health spa shall file a registration statement with the secretary
   4-46  of state before offering for sale or selling memberships in this
   4-47  state.  The health spa shall file a separate registration statement
   4-48  for each location at which the health spa operates.  The
   4-49  registration statement must contain:>
   4-50              <(1)  the name and address of the health spa;>
   4-51              <(2)  the name and address of any person who directly
   4-52  or indirectly owns or controls 10 percent or more of the
   4-53  outstanding shares of stock in the health spa;>
   4-54              <(3)  the type of available or proposed facilities and
   4-55  services offered at that location; and>
   4-56              <(4)  the approximate size of the health spa location
   4-57  measured in square feet.>
   4-58        <(b)  The registration statement must also contain either:>
   4-59              <(1)  a full and complete disclosure of any litigation,
   4-60  or any complaint filed with a governmental authority, relating to
   4-61  the failure to open or the closing of a health spa brought against
   4-62  the owners, officers, or directors of a health spa that was
   4-63  completed within the past two years or is currently pending; or>
   4-64              <(2)  a notarized statement that states that there has
   4-65  been no litigation, or complaint filed with a governmental
   4-66  authority, relating to the opening or closing of the health spa
   4-67  within the past two years.>
   4-68        <(c)  The health spa shall update the statement not later
   4-69  than the 90th day after the day on which a change in the
   4-70  information required in the statement occurs.>
    5-1        <(d)  Each health spa registering under this section shall
    5-2  maintain a copy of the registration statement filed for each
    5-3  location in the records of the health spa.  The health spa shall
    5-4  allow a current member or a prospective purchaser of a membership
    5-5  to inspect a registration statement on request.>
    5-6        <(e)  The secretary of state may charge each health spa that
    5-7  files a registration statement a reasonable fee not to exceed $100
    5-8  to cover the cost of filing.  The secretary of state may not
    5-9  require a health spa to provide information other than that
   5-10  provided in the registration statement>.
   5-11        SECTION 3.  Section 9, Health Spa Act (Article 5221l,
   5-12  Vernon's Texas Civil Statutes), is amended to read as follows:
   5-13        Sec. 9.  ESCROW.  (a)  Except as provided by Subsection (e)
   5-14  of this section, a registrant <health spa> or its assignee or agent
   5-15  that accepts prepayments for its memberships shall deposit all of
   5-16  the funds received as prepayments in an escrow account established
   5-17  with a financial institution whose accounts are insured by the
   5-18  Federal Deposit Insurance Corporation or the Federal Savings and
   5-19  Loan Insurance Corporation, which shall hold the funds as escrow
   5-20  agent for the benefit of the members that prepay.  The registrant
   5-21  <health spa> shall deposit prepayments received at least as often
   5-22  as biweekly and shall make the first deposit not later than the
   5-23  14th day after the day on which the registrant or its agent <spa>
   5-24  accepts the first prepayment.  Not later than the 14th day after
   5-25  the day on which the first prepayment is received, the registrant
   5-26  <spa> shall give the secretary <of state> a notarized statement
   5-27  that identifies the financial institution in which the prepayments
   5-28  are held in escrow and the name in which the account is held,
   5-29  together with a signed statement on a form approved by the
   5-30  secretary which authorizes the secretary to make inquiries of the
   5-31  financial institution regarding the funds in escrow.  The
   5-32  prepayments shall be held in escrow until the 30th day after the
   5-33  date that the health spa fully opens for business.
   5-34        (b)  Except as provided by Subsection (c) of this section, if
   5-35  a health spa does not fully open for business before the 181st day
   5-36  after the date it first sells a membership in the health spa or if
   5-37  the spa does not remain open for 30 days, the members whose fees
   5-38  are held in escrow under this section shall receive a full refund
   5-39  of their membership fees from the escrow agent.
   5-40        (c)  If another health spa operated by the same registrant
   5-41  <seller> is located not more than 10 miles from the proposed
   5-42  location of a new health spa and if the person purchasing the
   5-43  membership is authorized to use these other facilities, a member of
   5-44  the new spa whose fees are held in escrow under this section is
   5-45  entitled to receive a full refund of the membership fees from the
   5-46  escrow agent if the new spa does not fully open for business before
   5-47  the 361st day after the date on which the new spa first sells a
   5-48  membership or if the new spa does not remain open for 30 days.
   5-49        (d)  If the health spa remains open for 30 days after the
   5-50  date the health spa initially fully opens for business, the
   5-51  registrant <health spa> may withdraw the escrowed funds at its
   5-52  discretion if the registrant <health spa> files an affidavit with
   5-53  the secretary of state certifying that all obligations of the
   5-54  health spa for which a lien could be claimed under Chapter 53,
   5-55  Property Code, have been paid and if no person is eligible to claim
   5-56  a lien under that chapter during the period the registrant or its
   5-57  agent <health spa> accepts prepayments.
   5-58        (e)  Subject to the limitations of this subsection, a
   5-59  registrant who is the <an> owner of one or more health spas in
   5-60  operation in this state is not required to escrow prepayments on
   5-61  the opening of an additional health spa in this state if the health
   5-62  spas in operation have operated for at least two years preceding
   5-63  the date the first membership in the additional spa is sold and if
   5-64  none of the members of the spas in operation have initiated
   5-65  litigation against the registrant <owner's spas> relating to the
   5-66  failure to open or the closing of a health spa or filed a complaint
   5-67  relating to the failure to open or the closing of a health spa with
   5-68  any governmental authority in the state against the registrant or
   5-69  any of the owners, officers, or directors of the health spa.  A
   5-70  registrant <An owner of a health spa> is not required to escrow
    6-1  prepayments because of litigation or a complaint based on the
    6-2  closing of a health spa if that closing was caused by a fire,
    6-3  flood, or other natural disaster and if the closing is temporary
    6-4  and does not exceed one month.  A registrant <An owner> is not
    6-5  required to escrow prepayments because of litigation or a complaint
    6-6  based on the closing of a health spa if that closing is due to the
    6-7  relocation of the spa to a site not more than 10 miles from the
    6-8  original location and if the time elapsed between closing the spa
    6-9  at the old location and reopening at the new location does not
   6-10  exceed one month.
   6-11        (f)  The total number of spas opened by the registrant
   6-12  <owner> during any two-year period to which the exception provided
   6-13  by Subsection (e) of this section applies is limited to twice the
   6-14  number of spas in operation on the first day of the two-year
   6-15  period.
   6-16        (g)  For the purposes of this section, the date on which a
   6-17  health spa fully opens is the date on which all services of the spa
   6-18  that were advertised before the opening or promised to be made
   6-19  available, whether or not contained in the contract, are available
   6-20  for use by its members.
   6-21        SECTION 4.  Section 10, Health Spa Act (Article 5221l,
   6-22  Vernon's Texas Civil Statutes), is amended to read as follows:
   6-23        Sec. 10.  SECURITY.  (a)  Except as provided by Section 10B
   6-24  of this Act, the secretary may not issue a certificate of
   6-25  registration unless the applicant first files a surety bond or
   6-26  posts other security in such form as the secretary may prescribe.
   6-27        (b)  If a surety bond is filed, it shall be continuous and
   6-28  remain in effect until cancelled by the surety company with notice
   6-29  as provided in this section.  If a bond is cancelled, the
   6-30  certificate of registration is suspended on the effective date of
   6-31  cancellation.
   6-32        (c)  The bond shall be a surety bond issued by a company
   6-33  authorized to do business in this state and shall be in conformity
   6-34  with the Insurance Code.
   6-35        (d)  Other security need not be posted annually so long as
   6-36  the applicable amount specified in this section remains posted.  If
   6-37  other security is posted, the interest from the security shall go
   6-38  to the person posting the security.  The other security shall be in
   6-39  such form as the secretary may deem appropriate.
   6-40        (e)  The bond or other security shall be payable in favor of
   6-41  the state and shall be held for the benefit of the state and for
   6-42  the registrant's members who have been administratively adjudicated
   6-43  to have suffered actual financial losses due to the closing of the
   6-44  registrant's health spa.
   6-45        (f)  Actual financial loss shall mean and be limited to those
   6-46  sums which have been paid under a health spa contract to a
   6-47  registrant or a registrant's assignee and which at the time the
   6-48  health spa is closed are unearned.  Actual financial losses shall
   6-49  be calculated by multiplying the gross monthly payment by the total
   6-50  number of months remaining on a contract at the time the health spa
   6-51  closes minus any payments not made.  For the purposes of this
   6-52  section:
   6-53              (1)  The gross monthly payment shall be calculated by
   6-54  determining the total of payments, including down payments and
   6-55  initiation fees required by the contract, divided by the total
   6-56  number of months in the term of the contract.
   6-57              (2)  The date of closing and the date of the contract
   6-58  expiration shall be rounded to the nearest full month.  The total
   6-59  number of months remaining on the contract shall be calculated by
   6-60  subtracting the date of closing from the expiration date of the
   6-61  contract.  The result shall be expressed in whole months.
   6-62        (g)  The amount of the security required under Subsection (a)
   6-63  of this section is $20,000.
   6-64        (h)  The registrant shall maintain the bond or other security
   6-65  in the amount provided in Subsection (g) of this section in effect
   6-66  for two years after the date on which the health spa closes or
   6-67  until the secretary determines that each claim to which the bond or
   6-68  other security deposit is subject has been satisfied or foreclosed
   6-69  by law.
   6-70        (i)  The following provisions shall be applicable to all
    7-1  bonds and other security required by this section:
    7-2              (1)  Regardless of the number of years the bond or
    7-3  other security shall continue in force or the number of premiums
    7-4  payable or paid, the limit of the surety's or obligor's liability
    7-5  stated in the bond or other security shall not be cumulative from
    7-6  year to year or period to period.
    7-7              (2)  The liability of the surety or obligor is
    7-8  exclusively conditioned on a final administrative order by the
    7-9  secretary, and the bond or other security posted hereunder is
   7-10  subject to no other type of claim.
   7-11        (j)  The surety or obligor must provide written notification
   7-12  to the secretary at least 60 days prior to the cancellation of any
   7-13  bond or other security required by this section.  Any other
   7-14  security on file with the secretary shall remain on file with the
   7-15  secretary for two years after the registrant ceases business or at
   7-16  such later time as the secretary may determine that no claims exist
   7-17  against the security.  <(a)  Not later than the 30th day before the
   7-18  date a health spa opens a location for the use of its members, the
   7-19  health spa shall file with the secretary of state a surety bond
   7-20  issued by a surety company licensed to do business in this state,
   7-21  or, in lieu of and in equal amount to the bond, a security deposit
   7-22  in the form of a certificate of deposit, letter of credit, or other
   7-23  negotiable instrument issued by a financial institution in this
   7-24  state whose deposits are insured by the Federal Deposit Insurance
   7-25  Corporation or the Federal Savings and Loan Insurance Corporation.
   7-26  The bond or other security deposit shall be payable in favor of the
   7-27  state and shall be held for the benefit of any members of the
   7-28  health spa who suffer financial losses due to the insolvency or
   7-29  cessation of operation of the health spa.  "Financial losses" shall
   7-30  mean and be limited to any unused or unearned portion of such
   7-31  member's dues or fees.  Such a member may bring an action based on
   7-32  the bond and recover against the surety regardless of the number of
   7-33  claimants or claims filed against the bond, but the liability of
   7-34  the surety may not exceed the aggregate amount of the bond.  If the
   7-35  claims filed against the bond exceed the amount of the bond, the
   7-36  surety shall pay the amount of the bond to the secretary of state
   7-37  for distribution to the claimants on a pro rata basis.  The surety
   7-38  is relieved of liability under the bond on payment of the amount to
   7-39  the secretary of state.>
   7-40        <(b)  The amount of the security required under Subsection
   7-41  (a) of this section is $20,000.  If a claim is paid from the bond
   7-42  or other security deposit, the health spa must post additional
   7-43  security, not later than the 20th day after the date on which the
   7-44  claim is paid, to restore the amount of the security to $20,000.>
   7-45        <(c)  The health spa shall maintain the bond or other
   7-46  security deposit in the amount provided in Subsection (b) of this
   7-47  section in effect for two years after the date on which the health
   7-48  spa ceases business or until the secretary of state determines that
   7-49  each claim to which the bond or other security deposit is subject
   7-50  has been satisfied or foreclosed by law.>
   7-51        <(d)  The following provisions shall be applicable to all
   7-52  bonds issued hereunder:>
   7-53              <(1)  Regardless of the number of years the bond shall
   7-54  continue in force or the number of premiums payable or paid, the
   7-55  limit of the surety's liability stated in the bond shall not be
   7-56  cumulative from year to year or period to period.>
   7-57              <(2)  The surety shall not be liable through a bond for
   7-58  punitive damages or for civil or criminal penalties assessed
   7-59  against a health spa, its individual owners, or its employees.>
   7-60              <(3)  The bond written by a surety hereunder shall be
   7-61  continuous until cancelled by the surety or terminated by the
   7-62  health spa only upon giving 90 days prior notice to the secretary
   7-63  of state of such cancellation.>
   7-64              <(4)  A surety hereunder shall not be liable for any
   7-65  claim brought or suit filed against a bond if the claim or filing
   7-66  of a suit occurs more than two years from the last effective date
   7-67  of the bond.>
   7-68        SECTION 5.  The Health Spa Act (Article 5221l, Vernon's Texas
   7-69  Civil Statutes) is amended by adding Section 10A to read as
   7-70  follows:
    8-1        Sec. 10A.  ADJUDICATION OF CLAIMS.  (a)  Within 45 days from
    8-2  the date the secretary first discovers that a health spa has
    8-3  closed, the secretary shall publish a display advertisement in a
    8-4  newspaper of general circulation in the county or nearest county in
    8-5  which the health spa is located notifying the public of the fact
    8-6  that the health spa is closed and that a health spa member has 90
    8-7  days from the date of the first notice to perfect a claim under the
    8-8  security posted pursuant to Section 10 of this Act.
    8-9  Contemporaneously with the publication of the notice, the secretary
   8-10  shall notify the surety company or obligor of the pending
   8-11  administrative action.
   8-12        (b)  The notice shall be published for two consecutive
   8-13  Saturdays and Sundays and shall inform those affected of the
   8-14  procedures for perfecting a claim against the security.  The
   8-15  secretary shall have a claim against the security for reasonable
   8-16  expenses incurred in publishing the notice which shall not exceed
   8-17  $3,000.
   8-18        (c)  All claims received by the secretary after 90 days
   8-19  following the date of the first notice are barred and shall not be
   8-20  considered by the secretary.  If the total of claims evidencing
   8-21  actual financial loss exceeds the amount of the security, the
   8-22  secretary shall adjudicate the claims on a pro rata basis by
   8-23  dividing the amount of the security, after first deducting the
   8-24  actual costs for publication of the notice, by the total amount of
   8-25  the claims in order to ascertain a percentage to be applied to each
   8-26  claim.
   8-27        (d)  The secretary shall adopt and publish such rules and
   8-28  regulations as are necessary to determine claims and to ensure the
   8-29  prompt and fair distribution of the proceeds from the bond or other
   8-30  security.  Rules adopted by the secretary are subject to the
   8-31  Administrative Procedure and Texas Register Act (Article 6252-13a,
   8-32  Vernon's Texas Civil Statutes).
   8-33        SECTION 6.  The Health Spa Act (Article 5221l, Vernon's Texas
   8-34  Civil Statutes) is amended by adding Section 10B to read as
   8-35  follows:
   8-36        Sec. 10B.  EXEMPTION FROM SECURITY REQUIREMENTS.  (a)  A
   8-37  health spa registrant who has been granted a certificate of
   8-38  exemption by the secretary shall not be required to post a bond or
   8-39  other security as required by Section 10 of this Act.  To qualify
   8-40  for an exemption, a registrant must first file an application for
   8-41  exemption on a form approved by the secretary.  The application
   8-42  shall be verified by the person authorized to make the same and
   8-43  shall set out the following:
   8-44              (1)  that the registrant does not require a health spa
   8-45  consumer to:
   8-46                    (A)  execute a membership contract for a term
   8-47  exceeding 31 days;
   8-48                    (B)  execute a note or a retail installment
   8-49  contract;
   8-50                    (C)  authorize a draw or other recurring debit on
   8-51  a financial institution to the favor of the registrant or the
   8-52  registrant's assignee;
   8-53                    (D)  pay an initiation fee or other fee except
   8-54  monthly dues; or
   8-55                    (E)  prepay for a term exceeding 31 days; and
   8-56              (2)  that the registrant does not solicit or offer any
   8-57  plan or program which contains any of the elements identified in
   8-58  Subdivision (1) of this section.
   8-59        (b)  The secretary, after notice and hearing, may refuse to
   8-60  issue or may permanently revoke a certificate of exemption if the
   8-61  secretary finds that the registrant:
   8-62              (1)  furnished false information on the application for
   8-63  exemption; or
   8-64              (2)  no longer qualifies for an exemption.
   8-65        SECTION 7.  Section 11, Health Spa Act (Article 5221l,
   8-66  Vernon's Texas Civil Statutes), is amended to read as follows:
   8-67        Sec. 11.  PREPAYMENTS.  (a)  A registrant <health spa> may
   8-68  offer for sale or sell memberships before the date on which the
   8-69  health spa opens for business.
   8-70        (b)  Except as provided by Subsection (c) of this section, if
    9-1  the health spa does not open before the 181st day after the day on
    9-2  which a membership is prepaid, the person who made the prepayment
    9-3  is entitled to a full refund of the amount prepaid in the manner
    9-4  provided by Subsection (b) of Section 9 of this Act.
    9-5        (c)  If another health spa operated by the same seller is
    9-6  located not more than 10 miles from the proposed location of a new
    9-7  health spa and if the person purchasing the membership is
    9-8  authorized to use these other facilities, each person who made a
    9-9  prepayment for a membership in the new spa is entitled to a full
   9-10  refund of the amount prepaid in the manner provided by Subsection
   9-11  (c) of Section 9 of this Act if the new spa does not open before
   9-12  the 361st day after the date on which the first prepayment of a
   9-13  membership in the new spa is received.
   9-14        SECTION 8.  Section 12, Health Spa Act (Article 5221l,
   9-15  Vernon's Texas Civil Statutes), is amended to read as follows:
   9-16        Sec. 12.  Contract Terms.  (a)  A registrant, unless exempted
   9-17  from the security requirements by Section 10B of this Act, shall
   9-18  <The health spa must> deliver a fully completed copy of a contract
   9-19  to a purchaser before the contract is signed.  The contract
   9-20  constitutes the entire agreement between the seller and the
   9-21  purchaser.  The contract must be in writing and must be signed by
   9-22  the purchaser.  If the health spa is not open at the time the
   9-23  contract is entered, the contract must clearly state the proposed
   9-24  opening date of the health spa.  At the time of delivery the health
   9-25  spa must give the purchaser a written receipt for any payment made
   9-26  by the purchaser under the contract.
   9-27        (b)  If the contract is financed through a retail installment
   9-28  contract or note, the contract may not require the purchaser to
   9-29  make payments or finance the contract for more than five years
   9-30  after the date on which the contract is made <a health spa has been
   9-31  in operation in this state for two years or less, the contract may
   9-32  not require the purchaser to make payments or to finance the
   9-33  contract for more than two years after the date on which the
   9-34  contract is made.  If the health spa has been in operation in this
   9-35  state for more than two years, the contract may require the
   9-36  purchaser to make payments or to finance the contract for a period
   9-37  not to exceed five years after the date on which the contract is
   9-38  made.  The term of a contract may not be measured by the life of
   9-39  the purchaser.  If the purchaser is required by the contract to pay
   9-40  a renewal fee of not less than $50, the contract may contain a
   9-41  renewal option for as long as two additional years after the date
   9-42  on which the contract expires>.
   9-43        (c)  If the contract is not financed, the terms of the
   9-44  contract may not exceed three years.
   9-45        (d)  When the terms of two or more contracts between the same
   9-46  parties overlap for any period, the contracts are considered as one
   9-47  contract for the purpose of this Act.
   9-48        (e) <(d)>  A contract may not require or entail the execution
   9-49  of a note or series of notes by the purchaser that when separately
   9-50  negotiated will cut off as to third parties a right of action or
   9-51  defense that the purchaser may have against the seller.
   9-52        (f) <(e)>  Each contract shall state in at least 10-point
   9-53  type that is boldfaced, capitalized, underlined, or otherwise set
   9-54  out from surrounding written material so as to be conspicuous:
   9-55              (1)  "NOTICE TO PURCHASER:  DO NOT SIGN THIS CONTRACT
   9-56  UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES."
   9-57              (2)  "IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER
   9-58  OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE
   9-59  HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU
   9-60  SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS
   9-61  CONTRACT.  THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO
   9-62  THE FOLLOWING ADDRESS:
   9-63              (Address of the health spa home office)."
   9-64              (3)  "IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES
   9-65  NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU
   9-66  ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE
   9-67  FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY CANCEL THIS CONTRACT BY
   9-68  MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL
   9-69  THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT.
   9-70  THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE
   10-1  FOLLOWING ADDRESS:
   10-2              (Address of the health spa home office)."
   10-3  "YOU MAY ALSO BE ENTITLED TO FILE A CLAIM FOR A REFUND OF YOUR
   10-4  UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY
   10-5  THE HEALTH SPA WITH THE SECRETARY OF STATE.  TO MAKE A CLAIM
   10-6  AGAINST THE SECURITY SEND A COPY OF YOUR CONTRACT TOGETHER WITH
   10-7  PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE SECRETARY OF STATE.
   10-8  THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE
   10-9  FOLLOWING ADDRESS:
  10-10                   OFFICE OF THE SECRETARY OF STATE
  10-11                      STATUTORY DOCUMENTS SECTION
  10-12                            P.O. BOX 12887
  10-13                      AUSTIN, TEXAS 78711-2887."
  10-14              (4)  "IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY
  10-15  DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR
  10-16  ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF
  10-17  YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA
  10-18  STATING YOUR DESIRE TO CANCEL THIS CONTRACT.  THE HEALTH SPA MAY
  10-19  REQUIRE PROOF OF DISABILITY OR DEATH.  THE WRITTEN NOTICE MUST BE
  10-20  MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
  10-21              (Address of the health spa home office)."
  10-22        (g)  If the registrant offers for sale or sells memberships
  10-23  before the date on which the spa opens for business, each contract
  10-24  shall state in at least 10-point type that is boldfaced,
  10-25  capitalized, underlined, or otherwise set out from surrounding
  10-26  written material so as to be conspicuous:
  10-27        "IF THE HEALTH SPA DOES NOT OPEN BEFORE (insert:  the
  10-28        date on which the 181st day after the date on which the
  10-29        membership is prepaid falls) OR IF THE NEW SPA DOES NOT
  10-30        REMAIN OPEN FOR 30 DAYS, YOU ARE ENTITLED TO A FULL
  10-31        REFUND OF THE MONEY YOU PREPAID.  HOWEVER, IF ANOTHER
  10-32        HEALTH SPA OPERATED BY (insert:  the name of the health
  10-33        spa registrant) IS LOCATED WITHIN 10 MILES OF
  10-34        (insert:  the address of the proposed location of the
  10-35        new spa) AND IF YOU ARE AUTHORIZED TO USE THE OTHER
  10-36        FACILITIES, YOU ARE ENTITLED TO RECEIVE A FULL REFUND
  10-37        OF YOUR MEMBERSHIP FEES ONLY IF THIS LOCATION DOES NOT
  10-38        FULLY OPEN FOR BUSINESS BEFORE (insert:  the date that
  10-39        is the 361st day after the day the new spa first sells
  10-40        memberships) OR IF THE NEW SPA DOES NOT REMAIN OPEN FOR
  10-41        30 DAYS."
  10-42        (h)  Each contract for which a finance charge within the
  10-43  meaning of the Truth-in-Lending Act (15 U.S.C. Section 1601 et
  10-44  seq.) or Regulation Z is charged or collected shall state in at
  10-45  least 10-point type that is boldfaced, capitalized, underlined, or
  10-46  otherwise set out from surrounding written material so as to be
  10-47  conspicuous:
  10-48        "ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT
  10-49        TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
  10-50        ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED
  10-51        PURSUANT HERETO OR WITH THE PROCEEDS HEREOF.  RECOVERY
  10-52        HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID
  10-53        BY THE DEBTOR HEREUNDER."
  10-54        SECTION 9.  Section 13, Health Spa Act (Article 5221l,
  10-55  Vernon's Texas Civil Statutes), is amended to read as follows:
  10-56        Sec. 13.  Cancellation of Contracts.  (a)  A member may
  10-57  cancel a contract before the fourth business day after the date on
  10-58  which the contract is signed by notifying the health spa registrant
  10-59  of the cancellation in writing.  Written notification is considered
  10-60  given if the notification is mailed by certified mail to the home
  10-61  office of the health spa registrant and postmarked not later than
  10-62  midnight of the third business day.  The health spa registrant
  10-63  shall refund all money paid to the purchaser exercising the right
  10-64  to cancel.
  10-65        (b)  A member may cancel a contract on written notice by
  10-66  certified mail to the home office of the health spa registrant if
  10-67  the health spa registrant goes out of business and fails to provide
  10-68  facilities within 10 miles or moves its facilities more than 10
  10-69  miles from the location in which the member is enrolled.  A member
  10-70  may cancel a contract in the same manner if the health spa
   11-1  registrant fails to provide advertised services.  <If a contract is
   11-2  canceled under this subsection, the member is liable for an amount
   11-3  equal to the value of services received and facilities used under
   11-4  the contract up to the date of the cancellation, and if the member
   11-5  has paid money under the contract in excess of that amount the
   11-6  health spa shall promptly refund to the member the excess.>
   11-7        (c)  A purchaser of a membership may cancel a contract if the
   11-8  member dies or becomes totally and permanently disabled after the
   11-9  date on which the contract takes effect.  <The purchaser remains
  11-10  liable for an amount equal to the value of services received and
  11-11  facilities used by the member under the contract up to the day on
  11-12  which the death occurred or the disability was incurred.  The
  11-13  health spa shall make a pro rata refund of funds paid under the
  11-14  contract in an amount based on the time remaining in the contract
  11-15  term up to a maximum of 50 percent of the total contract amount.>
  11-16  The health spa registrant may require a purchaser or the
  11-17  purchaser's estate to provide reasonable proof of total and
  11-18  permanent disability or death.
  11-19        (d)  If a purchaser or an estate elects to cancel a
  11-20  membership contract pursuant to Subsection (b) or (c) of this
  11-21  section the health spa registrant shall refund to the purchaser or
  11-22  the purchaser's estate any unearned sums paid under the contract.
  11-23  "Unearned sums" shall be calculated by multiplying the gross
  11-24  monthly payment by the total number of months remaining on a
  11-25  contract at the time of cancellation minus any payments not made.
  11-26  For the purposes of this section:
  11-27              (1)  The gross monthly payment shall be calculated by
  11-28  determining the total of payments, including down payments and
  11-29  initiation fees required by the contract, divided by the total
  11-30  number of months in the term of the contract.
  11-31              (2)  The date of cancellation and the date of the
  11-32  contract expiration shall be rounded to the nearest full month.
  11-33  The total months remaining on the contract shall be calculated by
  11-34  subtracting the date of cancellation from the expiration date of
  11-35  the contract.  The result shall be expressed in whole months.
  11-36        (e)  A health spa registrant shall make a refund required
  11-37  under this section before the 31st day after the date the health
  11-38  spa registrant receives the notice of cancellation accompanied by
  11-39  proof of payment.  The receipt given to the purchaser by the health
  11-40  spa at the time the purchaser made a payment under the contract
  11-41  constitutes <adequate> proof of payment.
  11-42        SECTION 10.  Section 15, Health Spa Act (Article 5221l,
  11-43  Vernon's Texas Civil Statutes), is amended to read as follows:
  11-44        Sec. 15.  Unenforceable Contracts.  (a)  A contract or
  11-45  assignment of a contract that does not comply with this Act is void
  11-46  and unenforceable as contrary to public policy.
  11-47        (b)  If a seller does not possess a valid health spa
  11-48  operator's certificate of registration at the time of entering into
  11-49  any contract with a purchaser, the contract between the purchaser
  11-50  and the seller is void and unenforceable as contrary to public
  11-51  policy.
  11-52        (c)  A contract entered into in reliance on wilful and false,
  11-53  fraudulent, or misleading information, representation, notice, or
  11-54  advertisement of the health spa owner, <or> operator, or seller is
  11-55  void and unenforceable.
  11-56        SECTION 11.  Section 17, Health Spa Act (Article 5221l,
  11-57  Vernon's Texas Civil Statutes), is amended to read as follows:
  11-58        Sec. 17.  Prohibited Activities.  (a)  A seller or registrant
  11-59  <health spa> may not offer a special offer or discount unless the
  11-60  special offer or discount is available to all prospective members.
  11-61  This subsection does not prohibit a health spa from offering
  11-62  special group prices or group discounts.
  11-63        (b)  A seller or registrant <health spa> may not make a
  11-64  material misrepresentation to a current member, prospective member,
  11-65  or purchaser of a membership contract regarding:
  11-66              (1)  the qualifications of the staff;
  11-67              (2)  the availability, quality, or extent of the
  11-68  facilities or services;
  11-69              (3)  the results obtained through exercise, dieting,
  11-70  weight control, or physical fitness conditioning programs;
   12-1              (4)  membership rights; or
   12-2              (5)  the period that a special offer or discount will
   12-3  be available.
   12-4        (c)  A health spa registrant may not fail or refuse to:
   12-5              (1)  file or update the registration statements
   12-6  required by Section 8 of this Act;
   12-7              (2)  establish the escrow account required by Section 9
   12-8  of this Act; or
   12-9              (3)  maintain the security required by Section 10 of
  12-10  this Act in full force and effect.
  12-11        (d)  A health spa registrant may not advertise that it is
  12-12  bonded by the state.
  12-13        (e)  A health spa registrant may not sell a membership plan
  12-14  not included in the list required by Section 16 of this Act.
  12-15        SECTION 12.  Section 18, Health Spa Act (Article 5221l,
  12-16  Vernon's Texas Civil Statutes), is amended to read as follows:
  12-17        Sec. 18.  Injunction.  (a)  If it appears that a person is in
  12-18  violation of or is threatening violation of this Act, the attorney
  12-19  general or a district or county attorney may institute an action
  12-20  for injunctive relief to restrain the person from continuing the
  12-21  violation and for civil penalties authorized by Section 20 <A
  12-22  district attorney, county attorney, or the attorney general may sue
  12-23  in a court of competent jurisdiction to enjoin or restrain a person
  12-24  from engaging in conduct described by Section 17> of this Act.
  12-25        (b)  A civil action filed under this section shall be filed
  12-26  in a district court in Travis County or in the county in which the
  12-27  defendant resides <Except as prescribed by Subsection (c) of this
  12-28  section, a district attorney, county attorney, or attorney general
  12-29  who intends to sue under this section shall notify the defendant of
  12-30  the alleged prohibited conduct not later than the seventh day
  12-31  before the date the suit is filed.>
  12-32        <(c)  The notice prescribed by Subsection (b) of this section
  12-33  is not required if the district attorney, county attorney, or
  12-34  attorney general intends to request that the court issue a
  12-35  temporary restraining order>.
  12-36        SECTION 13.  Section 20, Health Spa Act (Article 5221l,
  12-37  Vernon's Texas Civil Statutes), is amended to read as follows:
  12-38        Sec. 20.  Civil Penalties.  (a)  A person who violates this
  12-39  Act is subject to a civil penalty of not more than $1,000 for each
  12-40  violation, not to exceed $25,000 in total penalties.
  12-41        (b)  A person who violates the terms of an injunction issued
  12-42  in an action brought under Section 18 of this Act is liable to the
  12-43  state for a civil penalty of not more than $25,000 for a single
  12-44  violation and not more than $50,000 for all violations of the
  12-45  injunction.  A district attorney, county attorney, or the attorney
  12-46  general may bring suit to recover the civil penalty in the court
  12-47  that issued the original injunction.
  12-48        (c)  The attorney general, a district or county attorney, and
  12-49  the secretary may recover reasonable expenses incurred in obtaining
  12-50  injunctive relief, civil penalties, or both, including court costs,
  12-51  reasonable attorney's fees, investigative costs, witness fees, and
  12-52  deposition expenses.
  12-53        (d)  A penalty collected under this section by the attorney
  12-54  general shall be deposited to the credit of the general revenue
  12-55  fund.  A penalty collected under this section by a district or
  12-56  county attorney shall be deposited to the credit of the general
  12-57  fund of the county.
  12-58        SECTION 14.  Subsection (a), Section 22, Health Spa Act
  12-59  (Article 5221l, Vernon's Texas Civil Statutes), is amended to read
  12-60  as follows:
  12-61        (a)  A person who knowingly or intentionally operates or
  12-62  attempts to operate a health spa in violation of Section 8, 9, <or>
  12-63  10, or 11 of this Act commits an offense.  An offense under this
  12-64  subsection is a Class A misdemeanor.
  12-65        SECTION 15.  Section 25, Health Spa Act (Article 5221l,
  12-66  Vernon's Texas Civil Statutes), is amended to read as follows:
  12-67        Sec. 25.  Applicability.  This <(a)  Except as provided by
  12-68  Subsection (b) of this section, this> Act applies to all health
  12-69  spas <a health spa> in operation on or after September 1, 1985.
  12-70        <(b)  Section 9 of this Act does not apply to a health spa
   13-1  that began operation before September 1, 1985.>
   13-2        SECTION 16.  The Health Spa Act (Article 5221l, Vernon's
   13-3  Texas Civil Statutes) is amended by adding Section 26 to read as
   13-4  follows:
   13-5        Sec. 26.  RULE-MAKING AUTHORITY.  The secretary shall adopt
   13-6  rules and regulations, promulgate administrative orders, and take
   13-7  all action necessary to assure compliance with the intent and
   13-8  purpose of this Act.
   13-9        SECTION 17.  Sections 7, 7A, and 14, Health Spa Act (Article
  13-10  5221l, Vernon's Texas Civil Statutes), are repealed.
  13-11        SECTION 18.  Section 6.09, Chapter 1039, Acts of 71st
  13-12  Legislature, Regular Session, 1989, is repealed.
  13-13        SECTION 19.   (a)  There is appropriated to the Office of the
  13-14  Attorney General from the general revenue fund for the fiscal
  13-15  biennium ending August 31, 1995, the amounts awarded to the office
  13-16  under Section 20, Health Spa Act (Article 5221l, Vernon's Texas
  13-17  Civil Statutes), as amended by this Act, to be used to reimburse
  13-18  the office for the office's expenses related to the litigation for
  13-19  which the expenses were awarded.
  13-20        (b)  There is appropriated to the secretary of state from the
  13-21  general revenue fund for the fiscal biennium ending August 31,
  13-22  1995, the amounts awarded to the office under Section 20, Health
  13-23  Spa Act (Article 5221l, Vernon's Texas Civil Statutes), as amended
  13-24  by this Act, to be used to reimburse the secretary for the
  13-25  secretary's expenses related to the litigation for which the
  13-26  expenses were awarded.
  13-27        SECTION 20.  This Act takes effect September 1, 1993.
  13-28        SECTION 21.  The importance of this legislation and the
  13-29  crowded condition of the calendars in both houses create an
  13-30  emergency and an imperative public necessity that the
  13-31  constitutional rule requiring bills to be read on three several
  13-32  days in each house be suspended, and this rule is hereby suspended.
  13-33                               * * * * *
  13-34                                                         Austin,
  13-35  Texas
  13-36                                                         May 5, 1993
  13-37  Hon. Bob Bullock
  13-38  President of the Senate
  13-39  Sir:
  13-40  We, your Committee on State Affairs to which was referred S.B. No.
  13-41  1100, have had the same under consideration, and I am instructed to
  13-42  report it back to the Senate with the recommendation that it do
  13-43  pass, as amended, and be printed.
  13-44                                                         Harris of
  13-45  Dallas, Chairman
  13-46                               * * * * *
  13-47                               WITNESSES
  13-48                                                  FOR   AGAINST  ON
  13-49  ___________________________________________________________________
  13-50  Name:  Guy Joyner                                              x
  13-51  Representing:  Secretary of State
  13-52  City:  Austin
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  13-54  Name:  Teri Flack                                              x
  13-55  Representing:  Office of the Atty General
  13-56  City:  Austin
  13-57  -------------------------------------------------------------------