By Nelson                                             S.B. No. 1137
          Substitute the following for S.B. No. 1137:
          By Berlanga                                       C.S.S.B. No. 1137
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of tanning facilities; providing for
    1-3  fees, providing for emergency orders; providing for civil and
    1-4  administrative penalties; providing for injunctive relief; raising
    1-5  criminal penalties; and declaring an emergency.
    1-6        SECTION 1.  Tex. Health & Safety Code Ann., Sec. 145.002 is
    1-7  amended to read as follows:
    1-8        Sec. 145.002.  Definitions.  In this chapter:
    1-9              (1)  "Adulterated" has the meaning given in the Texas
   1-10  Food, Drug, and Cosmetic Act, Chapter 431.111 of this code, as
   1-11  interpreted in the rules of the board and judicial decision.
   1-12              (2) <(1)>  "Authorized agent" means an employee of the
   1-13  department designated by the commissioner to enforce this chapter.
   1-14              (3) <(2)>  "Health authority" has the meaning given to
   1-15  it in the Local Public Health Reorganization Act (Chapter 121,
   1-16  Health and Safety Code) <means a physician designated to administer
   1-17  state and local laws relating to public health>.
   1-18              (4)  "Misbranded" has the meaning given in the Texas
   1-19  Food, Drug, and Cosmetic Act, Chapter 431.112 of this code, as
   1-20  interpreted in the rules of the board of judicial decision.
   1-21              (5)  "Operator" means a tanning facility owner or an
   1-22  agent of a tanning facility owner.
   1-23              (6) <(3)>  "Person" means an individual, partnership,
   1-24  corporation, or association.
    2-1              (7) <(4)>  "Phototherapy device" means a piece of
    2-2  equipment that emits ultraviolet radiation and is used by a health
    2-3  care professional in the treatment of disease.
    2-4              (8) <(5)>  "Tanning device" is a medical device and has
    2-5  the meaning given in the Texas Food, Drug, and Cosmetic Act,
    2-6  Chapter 431.002 of this code and also means any equipment,
    2-7  including a sunlamp, tanning booth, and tanning bed, that emits
    2-8  electromagnetic radiation with wavelengths in the air between 200
    2-9  and 400 nanometers and is used for the tanning of human skin.  The
   2-10  term includes any accompanying equipment, including protective
   2-11  eyewear, timers, and handrails.
   2-12              (9) <(6)>  "Tanning facility" means a business that
   2-13  provides a person<s> access to or use of a tanning device<s>.
   2-14        SECTION 2.  Tex. Health & Safety Code Ann., Sec. 145.004, is
   2-15  amended to read as follows:
   2-16        Sec. 145.004.  Compliance with all Federal <Law> and State
   2-17  Laws.  (a)  A tanning device used by a tanning facility must comply
   2-18  with all applicable federal <laws> and state laws and regulations.
   2-19        (b)  If the department identifies an adulterated or
   2-20  misbranded tanning device, the department may enforce the
   2-21  applicable provisions of the Texas Food, Drug, and Cosmetic Act,
   2-22  Chapter 431 of this code against the person or persons who
   2-23  adulterated or misbranded the tanning device or who are suspected
   2-24  of adulterating or misbranding the tanning device.
   2-25        SECTION 2.  Tex. Health & Safety Code Ann., Sec. 145.006 is
   2-26  amended to read as follows:
   2-27        Sec. 145.006.  Warning Signs.  (a)  A tanning facility
    3-1  operator shall post a warning sign in a conspicuous location where
    3-2  it is readily visible by persons entering the establishment.  The
    3-3  board by rule shall specify the size, design and graphics of the
    3-4  required sign.  The sign must have dimensions of at least 11 by 17
    3-5  <36> inches <on each side> and must contain the following wording:
    3-6                    DANGER:  ULTRAVIOLET RADIATION
    3-7        Repeated exposure to ultraviolet radiation may cause chronic
    3-8  sun damage characterized by wrinkling, dryness, fragility, <and>
    3-9  bruising of the skin, and skin cancer.
   3-10        Failure to use protective eyewear may result in severe burns
   3-11  or permanent injury to the eyes.
   3-12        Medications or cosmetics may increase your sensitivity to
   3-13  ultraviolet radiation.  Consult a physician before using a sunlamp
   3-14  if you are using medications, have a history of skin problems, or
   3-15  believe you are especially sensitive to sunlight.  Pregnant women
   3-16  or women taking oral contraceptives who use this product may
   3-17  develop discolored skin.
   3-18     IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO <WILL NOT>
   3-19           TAN FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP.
   3-20        (b)  A tanning facility operator shall also post a warning
   3-21  sign at each tanning device in a conspicuous location that is
   3-22  readily visible to a person about to use the device.  The board by
   3-23  rule shall specify the size, design and graphics of the required
   3-24  sign.  The sign must have dimensions of at least 11 by 17 <24>
   3-25  inches <on each side> and must contain the following wording
   3-26  <language>:
   3-27                    DANGER:  ULTRAVIOLET RADIATION
    4-1        1.  Follow the manufacturer's instructions for use of this
    4-2  device.
    4-3        2.  Avoid too frequent or lengthy exposure.  As with natural
    4-4  sunlight, exposure can cause serious eye and skin injuries and
    4-5  allergic reactions.  Repeated exposure may cause skin cancer.
    4-6        3.  Wear protective eyewear.  Failure to use protective
    4-7  eyewear may result in severe burns or permanent damage to the eyes.
    4-8        4.  Do not sunbathe before or after exposure to ultraviolet
    4-9  radiation from sunlamps.
   4-10        5.  Medications or cosmetics may increase your sensitivity to
   4-11  ultraviolet radiation.  Consult a physician before using a sunlamp
   4-12  if you are using medication, have a history of skin problems, or
   4-13  believe you are especially sensitive to sunlight.  Pregnant women
   4-14  or women using oral contraceptives who use this product may develop
   4-15  discolored skin.
   4-16     IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO <WILL NOT>
   4-17                     TAN FROM USE OF THIS DEVICE.
   4-18        (c)  The department shall include with the initial and
   4-19  renewal license application, a notice reflecting the current
   4-20  wording, design, and graphics of the warning signs.
   4-21        SECTION 3.  Tex. Health & Safety Code Ann., Sec. 145.007, is
   4-22  amended to read as follows:
   4-23        Sec. 145.007.  Prohibited Claims About Safety.  A tanning
   4-24  facility operator shall <may> not claim or distribute promotional
   4-25  materials that claim that using a tanning device is safe or free
   4-26  from risk or that using the device will result in medical or health
   4-27  benefits.
    5-1        SECTION 4.  Tex. Health & Safety Code Ann., Sec. 145.008, is
    5-2  amended by amending Subsections (a) through (e) and adding
    5-3  Subsections (g) and (h) to read as follows:
    5-4        Sec. 145.008.  Operational Requirements.  (a)  A tanning
    5-5  facility shall have an operator present during operating hours.
    5-6  The operator must:
    5-7              (1)  be sufficiently knowledgeable in the correct
    5-8  operation of the tanning devices used at the facility <that the
    5-9  operator may inform and>;
   5-10              (2)  instruct, inform, and assist each customer in the
   5-11  proper use of the tanning devices;
   5-12              (3)  complete and maintain the records required by this
   5-13  Act or in the board's rules; and
   5-14              (4)  understand, be competent to explain, and at a
   5-15  minimum, inform each customer using a tanning facility for the
   5-16  first time of:
   5-17                    (A)  the potential hazards and protective
   5-18  measures associated with ultraviolet radiation exposure;
   5-19                    (B)  the requirement to wear protective eyewear
   5-20  while using the tanning device;
   5-21                    (C)  the possibility of photosensitivity and
   5-22  photoallergenic reaction of some persons to drugs, medicine, and
   5-23  other agents when subjected to sun and ultraviolet radiation
   5-24  exposure;
   5-25                    (D)  the correlation between skin type and
   5-26  exposure time; and the maximum exposure time of the facility's
   5-27  devices;
    6-1                    (E)  the biological process of tanning;
    6-2                    (F)  the dangers and necessity of avoiding
    6-3  overexposure;
    6-4        (b)  Before each use of a tanning device, the operator shall
    6-5  <provide the customer with> ensure that each device is accompanied
    6-6  by clean and properly sanitized protective eyewear that protects
    6-7  the eyes from ultraviolet radiation and allows adequate vision to
    6-8  maintain balance.  The protective eyewear shall be located in the
    6-9  immediate proximity of each tanning device and shall be provided
   6-10  without charge to each user of a tanning device.  The operator may
   6-11  not allow a person to use a tanning device if that person does not
   6-12  use <the> protective eyewear which meets the requirements of the
   6-13  United States Federal Food and Drug Administration.  The operator
   6-14  also shall show each customer how to use suitable physical aids,
   6-15  such as handrails and markings on the floor, to maintain proper
   6-16  exposure distance as recommended by the manufacturer of the tanning
   6-17  device.
   6-18        (c)  The tanning facility operator shall clean and properly
   6-19  sanitize the body contact surfaces of a tanning device after each
   6-20  use of the tanning device.
   6-21        (d) <(c)>  The tanning facility operator shall use a timer
   6-22  with an accuracy of at least plus or minus 10 percent of the
   6-23  maximum timer <any selected time> interval of the tanning device.
   6-24  The <facility> operator shall limit the exposure time of a customer
   6-25  on a tanning device to the maximum exposure time recommended by the
   6-26  manufacturer.  Timers shall be located so that the customer may not
   6-27  set or reset the customer's own exposure time.  The operator
    7-1  <facility> shall control the <interior> temperature of a tanning
    7-2  device and the surrounding area so that it may not exceed 100
    7-3  degrees Fahrenheit.
    7-4        (e) <(d)>  Before <Either each time> a customer who is 18
    7-5  years of age or older uses a tanning facility device for the first
    7-6  time and <or> each time a person executes or renews a contract to
    7-7  use a tanning facility device, the person must sign a written, and
    7-8  dated statement acknowledging that the person has read and
    7-9  understood the required warnings <before using the device> and
   7-10  agrees to use <the> protective eyewear <that the tanning facility
   7-11  provides>.
   7-12        (f) <(e)>  Before any person who is <at least 14 years of age
   7-13  but> younger than 18 years of age uses a tanning facility device
   7-14  for the first time, the person must give the operator <tanning
   7-15  facility> a written informed consent statement signed and dated by
   7-16  the person's parent or legal guardian stating that the parent or
   7-17  legal guardian has read and understood the warnings given by the
   7-18  tanning facility, consents to the minor's use of a tanning device,
   7-19  and agrees that the minor will use <the> protective eyewear.  <that
   7-20  the tanning facility provides.>  In addition, a person younger than
   7-21  14 years of age must be accompanied by a parent or legal guardian
   7-22  <when> who shall remain at the tanning facility while a person
   7-23  younger than 14 years of age is using a tanning device.
   7-24        (g)  When a tanning device is being used by an individual no
   7-25  other person shall be allowed to remain in the tanning device area.
   7-26        (h)  Individual records for each customer using a tanning
   7-27  device shall be maintained at the tanning facility for at least
    8-1  three years from the date of the customer's last use of a tanning
    8-2  device.  The Texas Board of Health by rule shall specify the
    8-3  design, size and content of these individual records which must
    8-4  include the date and time of day of each use of a tanning device,
    8-5  the length of time the tanning device was used in minutes, any
    8-6  injuries or illnesses resulting from the use of a tanning device,
    8-7  and any written or informed consent statement required by
    8-8  subsection (e) and (f) of this section.
    8-9        SECTION 5.  Health & Safety Code Ann. Sec. 145.009, is
   8-10  amended to read as follows:
   8-11        Sec. 145.009.  LICENSES <Permits>.  (a)  A person shall <may>
   8-12  not operate a tanning facility unless the person holds a license
   8-13  <permit> issued by the department to operate the facility.  Unless
   8-14  the department revokes or suspends a license as provided in
   8-15  Subsection (e) of this section, the license is valid for one year
   8-16  from the date of issuance and a separate license is required for
   8-17  each tanning facility.
   8-18        (b)  The license <permit> shall be displayed in an open
   8-19  public area of the tanning facility.
   8-20        (c)  The board annually shall renew licenses <permits> after
   8-21  application for renewal is made on forms provided by the department
   8-22  for this purpose and after receipt of renewal fees.
   8-23        (d)  The department by rule may adopt a system under which
   8-24  licenses <permits> expire on various dates during the year.  As
   8-25  part of this system the license fees and annual renewal fees may be
   8-26  prorated on a monthly basis to reflect the actual number of months
   8-27  the license <permit> is valid.
    9-1        (e)  The department may revoke, <cancel>, suspend, suspend on
    9-2  an emergency basis, or probate by a commissioner's emergency order,
    9-3  a license <permit> to operate a tanning facility for:
    9-4              (1)  a failure to pay a license <permit> fee or an
    9-5  annual renewal fee for a license <permit>;
    9-6              (2)  an applicant's acquisition or attempted
    9-7  acquisition of a license <permit> by fraud or deception;
    9-8              (3)  a violation of this chapter; <or>
    9-9              (4)  a violation of a rule the department adopted under
   9-10  this chapter;<.> or
   9-11              (5)  a violation of an order issued under this chapter.
   9-12        (f)  A license issued under this Act and the board's rules
   9-13  shall be returned to the department if the tanning facility:
   9-14              (1)  ceases business or otherwise ceases operation on a
   9-15  permanent basis;
   9-16              (2)  relocates; or
   9-17              (3)  changes ownership.
   9-18        SECTION 7.  Tex. Health & Safety Code Ann., Sec. 145.010, is
   9-19  amended to read as follows:
   9-20        Sec. 145.010.  Fees.  (a)  The board shall collect fees for:
   9-21              (1)  a license that is issued or renewed; and
   9-22              (2)  a license that is amended, including notification
   9-23  of a change of location of a licensed place of business, a change
   9-24  of name of an association or corporation, or a change in the
   9-25  ownership of the licensee.
   9-26        (b)  The board may charge prorated or annual fees.
   9-27        (c)  The board by rule shall set the fees in amounts that
   10-1  allow the department to recover at least 50 percent of the annual
   10-2  expenditures of state funds by the department in:
   10-3              (1)  reviewing and acting on a license;
   10-4              (2)  amending and renewing a license;
   10-5              (3)  inspecting a licensed facility; and
   10-6              (4)  implementing and enforcing this subchapter,
   10-7  including a rule or order adopted or a license issued under this
   10-8  subchapter.
   10-9        (d)  The department shall use not less than one-half of
  10-10  license fees collected for inspecting a licensed facility or
  10-11  enforcing this subchapter, and the remainder for the administration
  10-12  of this subchapter.
  10-13        (e)  All license fees received by the department under this
  10-14  subchapter shall be deposited in the state treasury to the credit
  10-15  of the food and drug registration fee fund and are hereby
  10-16  appropriated to the department for the administration and
  10-17  enforcement of this chapter.  <The department shall set and collect
  10-18  a permit fee of $50 and an annual permit renewal fee of $35.>
  10-19        SECTION 7.  Tex. Health & Safety Code Ann., Sec. 145.011 is
  10-20  amended to add Subsection (c) to read as follows:
  10-21        (c)  A person who is required to maintain records under this
  10-22  chapter or a person who is in charge or custody of those records
  10-23  shall, at the request of an authorized agent or health authority,
  10-24  permit the authorized agent or the health authority at all
  10-25  reasonable times access to and to copy and verify the records.
  10-26        SECTION 8.  Health & Safety Code Ann., Chapter 145, is
  10-27  amended by amending Sections 145.012 and 145.013, and by adding
   11-1  Sections 145.014 through 145.018, to read as follows:
   11-2        Sec. 145.012.  EMERGENCY ORDER.  (a)  The commissioner or a
   11-3  person designated by the commissioner may issue an emergency order,
   11-4  either mandatory or prohibitory in nature, in relation to the
   11-5  operation of a tanning facility in the department's jurisdiction if
   11-6  the commissioner or the person designated by the commissioner
   11-7  determines that:
   11-8              (1)  operation of the tanning facility creates or poses
   11-9  an immediate and serious threat to human life or health; and
  11-10              (2)  other procedures available to the department to
  11-11  remedy or prevent the occurrence of the situation will result in
  11-12  unreasonable delay.
  11-13        (b)  The commissioner or a person designated by the
  11-14  commissioner may issue the emergency order without notice and
  11-15  hearing if the commissioner or a person designated by the
  11-16  commissioner determines this is practicable under the
  11-17  circumstances.
  11-18        (c)  If an emergency order is issued without a hearing, the
  11-19  department shall determine a time and place for a hearing at which
  11-20  the emergency order is affirmed, modified, or set aside.  The
  11-21  hearing shall be held under departmental rules.  <Injunction.
  11-22  (a)  If the commissioner, an authorized agent, or a health
  11-23  authority finds that a person has violated or is threatening to
  11-24  violate this chapter and that the violation or threat of violation
  11-25  creates an immediate threat to the health and safety of the public,
  11-26  the commissioner, authorized agent, or health authority may
  11-27  petition the district court for a temporary restraining order to
   12-1  restrain the violation or threat of violation.>
   12-2        <(b)  If a person has violated or is violating or threatening
   12-3  to violate this chapter the commissioner, an authorized agent, or a
   12-4  health authority may petition the district court for an injunction
   12-5  to prohibit the person from continuing the violation or threat of
   12-6  violation.>
   12-7        <(c)  On application for injunctive relief and a finding that
   12-8  a person is violating or threatening to violate this chapter, the
   12-9  district court shall grant any injunctive relief warranted by the
  12-10  facts.>
  12-11        <(d)  Venue for a suit brought under this section is in the
  12-12  county in which the violation or the threat of violation is alleged
  12-13  to have occurred or in Travis County.>
  12-14        Sec. 145.013.  CIVIL PENALTY; INJUNCTION.  (a)  If it appears
  12-15  that a person has violated, is violating, or is threatening to
  12-16  violate this Act, or any rule adopted or order issued under this
  12-17  Act, the commissioner may request the attorney general of this
  12-18  state or district, county, or city attorney of the city or county
  12-19  in which the violation has occurred, is occurring, or may occur to
  12-20  institute a civil suit for:
  12-21              (1)  an order enjoining the violation or an order
  12-22  directing compliance;
  12-23              (2)  a permanent or temporary injunction, restraining
  12-24  order, or other appropriate order if the department shows that the
  12-25  person has engaged in, is engaged in or is about to engage in any
  12-26  violation;
  12-27              (3)  the assessment and recovery of a civil penalty; or
   13-1              (4)  both the injunctive relief and civil penalty.
   13-2        (b)  The penalty may be in a amount not to exceed $25,000 a
   13-3  day for each violation.  Each day of violation constitutes a
   13-4  separate violation for purposes of penalty assessment.
   13-5        (c)  In determining the amount of the penalty, at a minimum,
   13-6  the court shall consider:
   13-7              (1)  the person's history of previous violations;
   13-8              (2)  the seriousness of the violation;
   13-9              (3)  the hazard to the health and safety of the public;
  13-10              (4)  the demonstrated good faith of the person charged;
  13-11  and
  13-12              (5)  such other matters as justice may require.
  13-13        (d)  Venue for a suit brought under this section is the city
  13-14  or county in which the violation occurred or in Travis County.
  13-15        (e)  Any civil penalty recovered in a suit instituted by a
  13-16  local government under this Act shall be paid to that local
  13-17  government.
  13-18        (f)  The commissioner and the attorney general may each
  13-19  recover reasonable expenses incurred in obtaining injunctive relief
  13-20  or civil penalties or both under this section, including
  13-21  investigative costs, court costs, reasonable attorney fees, witness
  13-22  fees, and deposition expenses.  The expenses recovered by the
  13-23  commissioner are hereby appropriated to the department for the
  13-24  administration and enforcement of this chapter.  The expenses
  13-25  recovered by the attorney general are hereby appropriated to the
  13-26  attorney general.
  13-27        Sec. 145.014.  ADMINISTRATIVE PENALTY.  (a)  The commissioner
   14-1  may assess an administrative penalty against a person who violates
   14-2  this Chapter, a rule adopted, an order issued under this chapter,
   14-3  or a permit condition thereof.
   14-4        (b)  In determining the amount of the penalty, the
   14-5  commissioner shall consider:
   14-6              (1)  the person's previous violations;
   14-7              (2)  the seriousness of the violations;
   14-8              (3)  the hazard to the health and safety of the public;
   14-9              (4)  the person's demonstrated good faith; and
  14-10              (5)  other matters as justice may require.
  14-11        (c)  The penalty may not exceed $25,000 a day for each
  14-12  violation.
  14-13        (d)  Each day of a continuing violation constitutes a
  14-14  separate violation.
  14-15        Sec. 145.015.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.
  14-16  (a)  The commissioner may assess an administrative penalty only
  14-17  after a person charged with a violation is given an opportunity for
  14-18  a hearing.
  14-19        (b)  If a hearing is held, the commissioner shall make
  14-20  findings of fact and shall issue a written decision regarding the
  14-21  violation and the penalty.
  14-22        (c)  If the person charged with the violation does not
  14-23  request a hearing, the commissioner may assess a penalty after
  14-24  determining that a violation has occurred and the amount of the
  14-25  penalty.
  14-26        (d)  The commissioner shall issue an order requiring a person
  14-27  to pay a penalty assessed under this section.
   15-1        (e)  The commissioner may consolidate a hearing held under
   15-2  this section with another proceeding.
   15-3        Sec. 145.016.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not
   15-4  later than the 30th day after the date an order is issued under
   15-5  Section 145.015, the commissioner shall notify the person against
   15-6  whom the penalty is assessed of the order.
   15-7        (b)  Not later than the 30th day after the date notice of the
   15-8  order is given to the person, the person shall:
   15-9              (1)  pay the penalty in full; or
  15-10              (2)  seek judicial review of the penalty or the
  15-11  findings of the commissioner.
  15-12        (c)  If the person seeks judicial review, the person shall:
  15-13              (1)  send the amount of the penalty to the commissioner
  15-14  for placement in an escrow account;
  15-15              (2)  post with the commissioner a bond for the amount
  15-16  of the penalty;
  15-17              (3)  file with the commissioner a sworn affidavit of
  15-18  the person stating that the person is financially unable to pay the
  15-19  amount of the penalty and is financially unable to post the bond
  15-20  for the amount of the penalty.
  15-21        (d)  The commissioner may contest the affidavit filed under
  15-22  Subsection (c) of this section within five days of the receipt of
  15-23  the affidavit in a district court in Travis County.
  15-24              (1)  The court shall hold a hearing on the facts
  15-25  alleged in the affidavit as soon as practicable and shall stay the
  15-26  enforcement of the penalty on a finding that the facts alleged in
  15-27  the affidavit are true.
   16-1              (2)  A person who files an affidavit has the burden of
   16-2  proving that the person in financially unable to pay the amount of
   16-3  the penalty or is financially unable to post bond.
   16-4        (e)  A bond posted under this section must be in a form
   16-5  approved by the commissioner and must be effective until judicial
   16-6  review of the order or decision is final.
   16-7        (f)  A person who does not send the money to the
   16-8  commissioner, post the bond, or file an affidavit of financial
   16-9  inability to pay the penalty to post the bond described in this
  16-10  section, waives all rights to contest the violation or the amount
  16-11  of the penalty.
  16-12        (e)  If the person does not pay the amount of the penalty,
  16-13  and the court does not stay the enforcement of the penalty, the
  16-14  commissioner may request the attorney general to bring an action to
  16-15  collect the administrative penalty assessed under Section 145.015.
  16-16        Sec. 145.017.  REFUND OF ADMINISTRATIVE PENALTY.  Not later
  16-17  than the 30th day after the date of a judicial determination that
  16-18  an administrative penalty against a person should be reduced or not
  16-19  assessed, the commissioner shall:
  16-20              (1)  remit to the person the appropriate amount of any
  16-21  penalty payment plus accrued interest; or
  16-22              (2)  execute a release of the bond if the person has
  16-23  posted a bond.
  16-24        Sec. 145.018. <Sec. 145.013>  CRIMINAL PENALTY.  (a)  A
  16-25  person, other than a customer, commits an offense if the person
  16-26  <knowingly or recklessly> violates this chapter or a rule adopted
  16-27  under this chapter.
   17-1        (b))  An offense under this chapter is a Class A <C>
   17-2  misdemeanor.
   17-3        SECTION 10.  This Act takes effect September 1, 1993.
   17-4        SECTION 11.  (a)  A change in the law made by this Act
   17-5  applies only to an offense committed on or after the effective date
   17-6  of this Act.  For the purposes of this section, an offense is
   17-7  committed before the effective date of this Act if any element of
   17-8  the offense occurs before that date.
   17-9        (b)  An offense committed before the effective date of this
  17-10  Act is covered by the law in effect when the offense was committed,
  17-11  and the former law is continued in effect for this purpose.
  17-12        SECTION 12.  The importance of this legislation and the
  17-13  crowded condition of the calendars in both houses create an
  17-14  emergency and an imperative public necessity that the
  17-15  constitutional rule requiring bills to be read on three several
  17-16  days in each house be suspended, and this rule is hereby suspended,
  17-17  and that this Act take effect and be in force according to its
  17-18  terms, and it is so enacted.