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.