BILL ANALYSIS H.B. 2253 By: Davila 04-25-95 Committee Report (Unamended) BACKGROUND The existence of sexually oriented businesses operating under the front of tanning salons is adding an undesirable element to the indoor tanning industry. Many times, these operations are fronts for such activities as nude dancing and prostitution. The potential for prostitution to occur in the back rooms of tanning salons is evident in law enforcement statistics. In 1993, Dallas vice officers made 27 prostitution arrests in five sexually oriented tanning salons. Last year, San Antonio police made seven arrests for the manifestation of prostitution at salons, 21 for sexually oriented business violations, nine for aggravated prostitution, and six for organized crime originating through prostitution. While vice officers in cities like San Antonio and Dallas are making efforts to curb prostitution in tanning fronts, other cities, such as Houston, are finding it difficult to control the growth of sexually oriented tanning fronts. These businesses are placing the burden of association on legitimate tanning facilities. Although the names of these sexually oriented tanning salons are usually indicative of their nature, they continue to foster an increasingly uncomfortable atmosphere for tanning industry leaders who are seeking to strengthen guidelines and set higher standards for their industry. Sexually oriented businesses continue to adapt to state law and are developing new and innovative ways to promote the type of commercial sexual behavior they find profitable. Their enterprises create a public health concern, endanger the quality of neighborhoods, and impose a negative stigma on legitimate indoor tanning salons. PURPOSE H.B. 2253 would prohibit the licensing of sexually oriented businesses as tanning salons and regulate advertising by sexually oriented businesses as tanning establishments. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Adds Sections 145.0095 and 145.0096 to Chapter 145 of the Health and Safety Code, as follows: Sec. 145.0095(a) prohibits the Texas Department of Health (department) from issuing or renewing tanning permits for parties licensed as sexually oriented businesses under the Local Government Code or to individuals convicted of sexually related offenses under the Penal Code. Sec. 145.0095(b) requires the department to revoke permits held by persons ineligible under Subsection (a) of this section. Sec. 145.0095 (c) clarifies that an individual is considered convicted under this section if the person received community supervision for the offense after sentence was imposed or after a plea guilty or no contendere was entered and deferred adjudication was granted. Sec. 145.0096(a) prohibits a licensed sexually oriented business from using the term "tanning" in a sign or other forms of advertisement. Sec. 145.0096(b) defines a violation of Subsection 145.0095(a) as a Class C misdemeanor. Sec. 145.0096(c) stipulates that if a person being tried under Subsection (b) of this section is found to have been previously convicted of an offense under the subsection, the offense is a Class A misdemeanor. SECTION 2. States that persons issued a permit under Chapter 145 of the Health and Safety Code before the effective date of this Act who would be ineligible for the permit under Section 145.0095, as proposed by this Act, may continue to operate their businesses as tanning facilities until their permit expires. Also stipulates that a person may not renew a permit unless the person is eligible for renewal of the license under Section 145.0095, as added by this Act. SECTION 3. Emergency clause. Effective immediately. SUMMARY OF COMMITTEE ACTION H.B. 2253 was considered by the Public Health Committee in a public hearing on April 25, 1995. The following person testified in favor of the bill: Representative Davila, author of the bill. The following person testified neutrally on the bill: Dennis Baker, representing the Texas Department of Health. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 5 AYES, 0 NAYS, 0 PNV, and 4 ABSENT.