H.B. No. 2027
1-1 AN ACT
1-2 relating to the regulation of tanning facilities; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 145.002, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 145.002. DEFINITIONS. In this chapter:
1-8 (1) "Authorized agent" means an employee of the
1-9 department designated by the commissioner to enforce this chapter.
1-10 (2) "Health authority" has the meaning assigned by
1-11 Section 121.021 <means a physician designated to administer state
1-12 and local laws relating to public health>.
1-13 (3) "Operator" means an owner of a tanning facility or
1-14 an agent of an owner of a tanning facility.
1-15 (4) <(3)> "Person" means an individual, partnership,
1-16 corporation, or association.
1-17 (5) <(4)> "Phototherapy device" means a piece of
1-18 equipment that emits ultraviolet radiation and is used by a health
1-19 care professional in the treatment of disease.
1-20 (6) <(5)> "Tanning device" means a device under
1-21 Section 431.002 and includes any equipment, including a sunlamp,
1-22 tanning booth, and tanning bed, that emits electromagnetic
1-23 radiation with wavelengths in the air between 200 and 400
1-24 nanometers and is used for the tanning of human skin. The term
2-1 also includes any accompanying equipment, including protective
2-2 eyewear, timers, and handrails.
2-3 (7) <(6)> "Tanning facility" means a business that
2-4 provides persons access to or use of tanning devices.
2-5 SECTION 2. Section 145.004, Health and Safety Code, is
2-6 amended to read as follows:
2-7 Sec. 145.004. COMPLIANCE WITH <FEDERAL> LAW. (a) A tanning
2-8 device used by a tanning facility must comply with all applicable
2-9 federal and state laws and regulations.
2-10 (b) The Texas Department of Health may enforce Chapter 431
2-11 against a person who adulterates or misbrands a tanning device. The
2-12 department may investigate a person accused of adulterating or
2-13 misbranding a tanning device. For the purposes of this subsection,
2-14 a tanning device is adulterated or misbranded if the tanning device
2-15 would be an adulterated or misbranded device under Section 431.111
2-16 or 431.112, Health and Safety Code.
2-17 SECTION 3. Section 145.006, Health and Safety Code, is
2-18 amended to read as follows:
2-19 Sec. 145.006. WARNING SIGNS. (a) A tanning facility shall
2-20 post a warning sign in a conspicuous location where it is readily
2-21 visible by persons entering the establishment. The board by rule
2-22 shall specify the size, design, and graphic design of the sign.
2-23 The sign must have dimensions of at least 11 inches by 17 <36>
2-24 inches <on each side> and must contain the following wording:
2-25 DANGER: ULTRAVIOLET RADIATION
2-26 Repeated exposure to ultraviolet radiation may cause chronic
2-27 sun damage characterized by wrinkling, dryness, fragility, <and>
3-1 bruising of the skin, and skin cancer.
3-2 Failure to use protective eyewear may result in severe burns
3-3 or permanent injury to the eyes.
3-4 Medications or cosmetics may increase your sensitivity to
3-5 ultraviolet radiation. Consult a physician before using a sunlamp
3-6 if you are using medications, have a history of skin problems, or
3-7 believe you are especially sensitive to sunlight. Pregnant women
3-8 or women taking oral contraceptives who use this product may
3-9 develop discolored skin.
3-10 IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO <WILL NOT>
3-11 TAN FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP.
3-12 (b) A tanning facility operator shall also post a warning
3-13 sign at each tanning device in a conspicuous location that is
3-14 readily visible to a person about to use the device. The board by
3-15 rule shall specify the size, design, and graphic design of the
3-16 sign. The sign must have dimensions of at least 11 inches by 17
3-17 <24> inches <on each side> and must contain the following wording
3-18 <language>:
3-19 DANGER: ULTRAVIOLET RADIATION
3-20 1. Follow the manufacturer's instructions for use of this
3-21 device.
3-22 2. Avoid too frequent or lengthy exposure. As with natural
3-23 sunlight, exposure can cause serious eye and skin injuries and
3-24 allergic reactions. Repeated exposure may cause skin cancer.
3-25 3. Wear protective eyewear. Failure to use protective
3-26 eyewear may result in severe burns or permanent damage to the eyes.
3-27 4. Do not sunbathe before or after exposure to ultraviolet
4-1 radiation from sunlamps.
4-2 5. Medications or cosmetics may increase your sensitivity to
4-3 ultraviolet radiation. Consult a physician before using a sunlamp
4-4 if you are using medication, have a history of skin problems, or
4-5 believe you are especially sensitive to sunlight. Pregnant women
4-6 or women using oral contraceptives who use this product may develop
4-7 discolored skin.
4-8 IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO <WILL NOT>
4-9 TAN FROM USE OF THIS DEVICE.
4-10 (c) The Texas Department of Health shall include with a
4-11 license application and an application for renewal of a license a
4-12 description of the design standards required for signs under this
4-13 section.
4-14 SECTION 4. Section 145.007, Health and Safety Code, is
4-15 amended to read as follows:
4-16 Sec. 145.007. PROHIBITED CLAIMS ABOUT SAFETY. A tanning
4-17 facility operator may not claim or distribute promotional materials
4-18 that claim that using a tanning device is safe or free from risk or
4-19 that using a tanning device will result in medical or health
4-20 benefits.
4-21 SECTION 5. Section 145.008, Health and Safety Code, is
4-22 amended to read as follows:
4-23 Sec. 145.008. OPERATIONAL REQUIREMENTS. (a) A tanning
4-24 facility shall have an operator present during operating hours.
4-25 The operator must:
4-26 (1) be sufficiently knowledgeable in the correct
4-27 operation of the tanning devices used at the facility;
5-1 (2) instruct, <that the operator may> inform, and
5-2 assist each customer in the proper use of the tanning devices;
5-3 (3) complete and maintain records required by this
5-4 chapter; and
5-5 (4) explain or otherwise inform each customer
5-6 initially using the tanning facility of:
5-7 (A) the potential hazards of and protective
5-8 measures necessary for ultraviolet radiation;
5-9 (B) the requirement that protective eyewear be
5-10 worn while using a tanning device;
5-11 (C) the possibility of photosensitivity or of a
5-12 photoallergic reaction to certain drugs, medicine, or other agents
5-13 when a person is subjected to the sun or ultraviolet radiation;
5-14 (D) the correlation between skin type and
5-15 exposure time;
5-16 (E) the maximum exposure time to the facility's
5-17 devices;
5-18 (F) the biological process of tanning; and
5-19 (G) the dangers of and the necessity to avoid
5-20 overexposure to ultraviolet radiation.
5-21 (b) Before each use of a tanning device, the operator shall
5-22 provide with each device clean and <provide the customer with>
5-23 properly sanitized protective eyewear that protects the eyes from
5-24 ultraviolet radiation and allows adequate vision to maintain
5-25 balance. The protective eyewear shall be located in the immediate
5-26 area of each tanning device and shall be provided without charge to
5-27 each user of a tanning device. The operator may not allow a person
6-1 to use a tanning device if that person does not use <the>
6-2 protective eyewear that meets the requirements of the United States
6-3 Food and Drug Administration. The operator also shall show each
6-4 customer how to use suitable physical aids, such as handrails and
6-5 markings on the floor, to maintain proper exposure distance as
6-6 recommended by the manufacturer of the tanning device.
6-7 (c) The tanning facility operator shall clean and properly
6-8 sanitize the body contact surfaces of a tanning device after each
6-9 use of the tanning device.
6-10 (d) <(c)> The tanning facility shall use a timer with an
6-11 accuracy of at least plus or minus 10 percent of the maximum timer
6-12 <any selected time> interval of the tanning device. The operator
6-13 <facility> shall limit the exposure time of a customer on a tanning
6-14 device to the maximum exposure time recommended by the
6-15 manufacturer. A timer shall be located so that a customer cannot
6-16 set or reset the customer's exposure time. The operator <facility>
6-17 shall control the <interior> temperature of the customer contact
6-18 surfaces of a tanning device and the surrounding area so that it
6-19 may not exceed 100 degrees Fahrenheit.
6-20 (e) Before <(d) Either each time> a customer who is 18
6-21 years of age or older uses a tanning facility device for the first
6-22 time and <or> each time a person executes or renews a contract to
6-23 use a tanning facility device, the person must sign a written
6-24 statement acknowledging that the person has read and understood the
6-25 required warnings before using the device and agrees to use <the>
6-26 protective eyewear <that the tanning facility provides>.
6-27 (f) <(e)> Before any person who is <at least 14 years of age
7-1 but> younger than 18 years of age uses a tanning facility device
7-2 for the first time, the person must give the operator <tanning
7-3 facility> a written informed consent statement signed and dated by
7-4 the person's parent or legal guardian stating that the parent or
7-5 legal guardian has read and understood the warnings given by the
7-6 tanning facility, consents to the minor's use of a tanning device,
7-7 and agrees that the minor will use <the> protective eyewear <that
7-8 the tanning facility provides>. In addition, a <A> person younger
7-9 than 14 years of age must be accompanied by a parent or legal
7-10 guardian who must remain at the tanning facility while the person
7-11 younger than 14 years of age is <when> using a tanning device.
7-12 (g) When a tanning device is in use by a person, another
7-13 person may not be allowed in the area of the tanning device.
7-14 (h) A record of each customer using a tanning device shall
7-15 be maintained at the tanning facility at least until the third
7-16 anniversary of the date of the customer's last use of a tanning
7-17 device. The board by rule shall prescribe the form and content of
7-18 the records. The record shall include:
7-19 (1) the date and time of the customer's use of a
7-20 tanning device;
7-21 (2) the length of time the tanning device was used;
7-22 (3) any injury or illness resulting from the use of a
7-23 tanning device; and
7-24 (4) any written informed consent statement required to
7-25 be signed under Subsection (e) or (f).
7-26 SECTION 6. Section 145.009, Health and Safety Code, is
7-27 amended to read as follows:
8-1 Sec. 145.009. LICENSES <PERMITS>. (a) A person may not
8-2 operate a tanning facility unless the person holds a license
8-3 <permit> issued by the department to operate the facility. Unless
8-4 revoked or suspended, a license is valid until the first
8-5 anniversary of the date the license was issued. A separate license
8-6 is required for each tanning facility.
8-7 (b) The license <permit> shall be displayed in an open
8-8 public area of the tanning facility.
8-9 (c) The board annually shall renew licenses <permits> after
8-10 application for renewal is made on forms provided by the department
8-11 for this purpose and after receipt of renewal fees.
8-12 (d) The department by rule may adopt a system under which
8-13 licenses <permits> expire on various dates during the year. As
8-14 part of this system the license fees and the annual renewal fees
8-15 may be prorated on a monthly basis to reflect the actual number of
8-16 months the license <permit> is valid.
8-17 (e) The department may revoke, <cancel,> suspend, suspend on
8-18 an emergency basis, or probate by an emergency order of the
8-19 commissioner, or the commissioner's designee a license <permit> to
8-20 operate a tanning facility for:
8-21 (1) a failure to pay a license <permit> fee or an
8-22 annual renewal fee for a license <permit>;
8-23 (2) an applicant's acquisition or attempted
8-24 acquisition of a license <permit> by fraud or deception;
8-25 (3) a violation of this chapter; <or>
8-26 (4) a violation of a rule of the department adopted
8-27 under this chapter; or
9-1 (5) a violation of an order issued under this chapter.
9-2 (f) A license issued under this chapter shall be returned to
9-3 the department if the tanning facility:
9-4 (1) ceases to operate as a business permanently;
9-5 (2) changes the ownership of the tanning facility;
9-6 (3) changes the location of the tanning facility; or
9-7 (4) changes the name of the business under which the
9-8 tanning facility operates.
9-9 SECTION 7. Chapter 145, Health and Safety Code, is amended
9-10 by adding Sections 145.0095 and 145.0096 to read as follows:
9-11 Sec. 145.0095. ISSUANCE OF LICENSE FOR CERTAIN FACILITIES
9-12 PROHIBITED. (a) The department may not issue or renew a license
9-13 under Section 145.009 with respect to a facility that:
9-14 (1) is operated under a license or permit as a
9-15 sexually oriented business issued in accordance with Section
9-16 243.007, Local Government Code;
9-17 (2) offers, as its primary business, a service or the
9-18 sale, rental, or exhibition of a device or other item that is
9-19 intended to provide sexual stimulation or sexual gratification to a
9-20 customer; or
9-21 (3) is owned or operated by a person who has been
9-22 convicted of an offense under Chapter 21 or 43, Penal Code, or
9-23 Section 71.02(a)(3), Penal Code.
9-24 (b) The department shall revoke a license issued with
9-25 respect to a facility if the license may not be renewed under
9-26 Subsection (a).
9-27 (c) For purposes of this section, a person has been
10-1 convicted of an offense if the person receives community
10-2 supervision for the offense after sentence is imposed or after the
10-3 person enters a plea of guilty or nolo contendere and is placed on
10-4 deferred adjudication.
10-5 Sec. 145.0096. CERTAIN ADVERTISING PROHIBITED. (a) A
10-6 business described by Section 145.0095(a)(1) or (2) may not use the
10-7 word "tan" or "tanning" in a sign or any other form of advertising.
10-8 (b) A person commits an offense if the person violates
10-9 Subsection (a). Except as provided by Subsection (c), an offense
10-10 under this subsection is a Class C misdemeanor.
10-11 (c) If it is shown on the trial of an offense under
10-12 Subsection (b) that the person has previously been convicted of an
10-13 offense under that subsection, the offense is a Class A
10-14 misdemeanor.
10-15 SECTION 8. Section 145.010, Health and Safety Code, is
10-16 amended to read as follows:
10-17 Sec. 145.010. FEES. (a) The board shall collect a fee for:
10-18 (1) a license issued or renewed; or
10-19 (2) a license that is modified <The department shall
10-20 set and collect a permit fee of $50 and an annual permit renewal
10-21 fee of $35>.
10-22 (b) The board may charge prorated or annual fees.
10-23 (c) The board by rule shall set the fees in amounts that
10-24 allow the department to recover not less than 50 percent of the
10-25 costs to the department in:
10-26 (1) reviewing and acting on a license application;
10-27 (2) modifying or renewing a license;
11-1 (3) inspecting a licensed facility; and
11-2 (4) implementing and enforcing this chapter or rules
11-3 relating to this chapter.
11-4 (d) The department shall use not less than 50 percent of the
11-5 license fees collected for inspecting a licensed facility or
11-6 enforcement of this chapter or a rule relating to this chapter.
11-7 The remainder of the license fees collected shall be used to
11-8 administer this chapter.
11-9 (e) A license fee received by the department shall be
11-10 deposited in the state treasury to the credit of the food and drug
11-11 registration fund. The fees are dedicated to the department for
11-12 the administration and enforcement of this chapter.
11-13 SECTION 9. Section 145.011, Health and Safety Code, is
11-14 amended by adding Subsection (c) to read as follows:
11-15 (c) A person who is required to maintain records under this
11-16 chapter or a person in charge of the custody of those records
11-17 shall, at the request of an authorized agent or health authority,
11-18 permit the authorized agent or health authority access to copy or
11-19 verify the records at reasonable times.
11-20 SECTION 10. Section 145.012, Health and Safety Code, is
11-21 amended to read as follows:
11-22 Sec. 145.012. EMERGENCY ORDER <INJUNCTION>. (a) The
11-23 commissioner or the commissioner's designee may issue an emergency
11-24 order relating to the operation of a tanning facility in the
11-25 department's jurisdiction if the commissioner or the commissioner's
11-26 designee determines that:
11-27 (1) operation of the tanning facility creates or poses
12-1 an immediate and serious threat to human life or health; and
12-2 (2) other procedures available to the department to
12-3 remedy or prevent the threat will result in unreasonable delay.
12-4 (b) The commissioner or the commissioner's designee may
12-5 issue an emergency order without notice or a hearing if the
12-6 commissioner or the designee determines notice or a hearing is not
12-7 practical under the circumstances.
12-8 (c) If an emergency order is issued without a hearing, the
12-9 department shall determine a time and place for a hearing at which
12-10 the emergency order is affirmed, modified, or set aside. The
12-11 hearing shall be held under rules of the department <If the
12-12 commissioner, an authorized agent, or a health authority finds that
12-13 a person has violated or is violating or threatening to violate
12-14 this chapter and that the violation or threat of violation creates
12-15 an immediate threat to the health and safety of the public, the
12-16 commissioner, authorized agent, or health authority may petition
12-17 the district court for a temporary restraining order to restrain
12-18 the violation or threat of violation>.
12-19 <(b) If a person has violated or is violating or threatening
12-20 to violate this chapter the commissioner, an authorized agent, or a
12-21 health authority may petition the district court for an injunction
12-22 to prohibit the person from continuing the violation or threat of
12-23 violation.>
12-24 <(c) On application for injunctive relief and a finding that
12-25 a person is violating or threatening to violate this chapter, the
12-26 district court shall grant any injunctive relief warranted by the
12-27 facts.>
13-1 <(d) Venue for a suit brought under this section is in the
13-2 county in which the violation or the threat of violation is alleged
13-3 to have occurred or in Travis County.>
13-4 SECTION 11. Chapter 145, Health and Safety Code, is amended
13-5 by adding Sections 145.0121-145.0122 to read as follows:
13-6 Sec. 145.0121. CIVIL PENALTY; INJUNCTION. (a) If it appears
13-7 that a person has violated or is violating this chapter or an order
13-8 issued or a rule adopted under this chapter, the commissioner may
13-9 request the attorney general or the district or county attorney or
13-10 the municipal attorney of a municipality in the jurisdiction where
13-11 the violation is alleged to have occurred or may occur to institute
13-12 a civil suit for:
13-13 (1) an order enjoining the violation;
13-14 (2) a permanent or temporary injunction, a temporary
13-15 restraining order, or other appropriate remedy if the department
13-16 shows that the person has engaged in or is engaging in a violation;
13-17 (3) the assessment and recovery of a civil penalty; or
13-18 (4) both injunctive relief and a civil penalty.
13-19 (b) A civil penalty may not exceed $25,000 a day for each
13-20 violation. Each day the violation occurs constitutes a separate
13-21 violation for the purposes of the assessment of a civil penalty.
13-22 (c) In determining the amount of the civil penalty, the
13-23 court hearing the matter shall consider:
13-24 (1) the person's history of previous violations;
13-25 (2) the seriousness of the violation;
13-26 (3) the hazard to the health and safety of the public;
13-27 (4) the demonstrated good faith of the person charged;
14-1 and
14-2 (5) any other matter as justice may require.
14-3 (d) Venue for a suit brought under this section is the
14-4 municipality or county in which the violation occurred or in Travis
14-5 County.
14-6 (e) A civil penalty recovered in a suit instituted by a
14-7 local government under this chapter shall be paid to the local
14-8 government.
14-9 (f) The commissioner or the attorney general may each
14-10 recover reasonable expenses incurred in obtaining injunctive relief
14-11 or a civil penalty under this section, including investigation and
14-12 court costs, reasonable attorney's fees, witness fees, and other
14-13 expenses. The expenses recovered by the commissioner under this
14-14 section shall be used for the administration and enforcement of
14-15 this chapter. The expenses recovered by the attorney general shall
14-16 be used by the attorney general.
14-17 Sec. 145.0122. ADMINISTRATIVE PENALTY. (a) The board or
14-18 the board's designee may impose an administrative penalty against a
14-19 person licensed or regulated under this chapter who violates this
14-20 chapter or a rule or order adopted under this chapter.
14-21 (b) The penalty for a violation may be in an amount not to
14-22 exceed $25,000. Each day a violation continues or occurs is a
14-23 separate violation for purposes of imposing an administrative
14-24 penalty.
14-25 (c) The amount of the penalty shall be based on:
14-26 (1) the person's history of previous violations;
14-27 (2) the seriousness of the violation;
15-1 (3) the hazard the violation caused or will cause to
15-2 the health and safety of the public;
15-3 (4) the demonstrated good faith of the person charged
15-4 with a violation; and
15-5 (5) any other matter that justice may require.
15-6 (d) If the commissioner or the commissioner's designee
15-7 determines a violation has occurred, the commissioner or the
15-8 commissioner's designee may issue to the board or the board's
15-9 designee a report that states the facts on which the determination
15-10 is based and the commissioner's or the designee's recommendation on
15-11 the imposition of a penalty, including a recommendation on the
15-12 amount of the penalty.
15-13 (e) Within 14 days after the date the report is issued, the
15-14 commissioner or the commissioner's designee shall give written
15-15 notice of the report to the person. The notice may be given by
15-16 certified mail. The notice must include a brief summary of the
15-17 alleged violation and a statement of the amount of the recommended
15-18 penalty and must inform the person that the person has a right to a
15-19 hearing on the occurrence of the violation, the amount of the
15-20 penalty, or both the occurrence of the violation and the amount of
15-21 the penalty.
15-22 (f) Within 20 days after the date the person receives the
15-23 notice, the person in writing may accept the determination and
15-24 recommended penalty of the commissioner or the commissioner's
15-25 designee or may make a written request for a hearing on the
15-26 occurrence of the violation, the amount of the penalty, or both the
15-27 occurrence of the violation and the amount of the penalty.
16-1 (g) If the person accepts the determination and recommended
16-2 penalty of the commissioner or the commissioner's designee, the
16-3 board by order shall approve the determination and impose the
16-4 recommended penalty.
16-5 (h) If the person requests a hearing or fails to respond
16-6 timely to the notice, the commissioner or the commissioner's
16-7 designee shall set a hearing and give notice of the hearing to the
16-8 person. The hearing shall be held by an administrative law judge
16-9 of the department. The administrative law judge shall make
16-10 findings of fact and conclusions of law and promptly issue to the
16-11 board a proposal for a decision about the occurrence of the
16-12 violation and the amount of a proposed penalty. Based on the
16-13 findings of fact, conclusions of law, and proposal for a decision,
16-14 the board by order may find that a violation has occurred and
16-15 impose a penalty or may find that no violation occurred.
16-16 (i) The notice of the board's order given to the person
16-17 under Chapter 2001, Government Code, must include a statement of
16-18 the right of the person to judicial review of the order.
16-19 (j) Within 30 days after the date the board's order becomes
16-20 final as provided by Section 2001.144, Government Code, the person
16-21 shall:
16-22 (1) pay the amount of the penalty;
16-23 (2) pay the amount of the penalty and file a petition
16-24 for judicial review contesting the occurrence of the violation, the
16-25 amount of the penalty, or both the occurrence of the violation and
16-26 the amount of the penalty; or
16-27 (3) without paying the amount of the penalty, file a
17-1 petition for judicial review in a district court in Travis County
17-2 contesting the occurrence of the violation, the amount of the
17-3 penalty, or both the occurrence of the violation and the amount of
17-4 the penalty.
17-5 (k) Within the 30-day period, a person who acts under
17-6 Subsection (j)(3) may:
17-7 (1) stay enforcement of the penalty by:
17-8 (A) paying the amount of the penalty to the
17-9 court for placement in an escrow account; or
17-10 (B) giving to the court a supersedeas bond that
17-11 is approved by the court for the amount of the penalty and that is
17-12 effective until all judicial review of the board's order is final;
17-13 or
17-14 (2) request the court to stay enforcement of the
17-15 penalty by:
17-16 (A) filing with the court a sworn affidavit of
17-17 the person stating that the person is financially unable to pay the
17-18 amount of the penalty and is financially unable to give the
17-19 supersedeas bond; and
17-20 (B) giving a copy of the affidavit to the
17-21 commissioner by certified mail.
17-22 (l) If the commissioner receives a copy of an affidavit
17-23 under Subsection (k)(2), the commissioner may file with the court,
17-24 not later than the fifth day after the date the copy is received, a
17-25 contest to the affidavit. The court shall hold a hearing on the
17-26 facts alleged in the affidavit as soon as practicable and shall
17-27 stay the enforcement of the penalty on finding that the alleged
18-1 facts are true. The person who files an affidavit has the burden
18-2 of proving that the person is financially unable to pay the amount
18-3 of the penalty and give a supersedeas bond.
18-4 (m) If the person does not pay the amount of the penalty and
18-5 the enforcement of the penalty is not stayed, the commissioner may
18-6 refer the matter to the attorney general for collection of the
18-7 amount of the penalty.
18-8 (n) Judicial review of the order of the board:
18-9 (1) is instituted by filing a petition as provided by
18-10 Subchapter G, Chapter 2001, Government Code; and
18-11 (2) is under the substantial evidence rule.
18-12 (o) If the court sustains the occurrence of the violation,
18-13 the court may uphold or reduce the amount of the penalty and order
18-14 the person to pay the full or reduced amount of the penalty. If
18-15 the court does not sustain the occurrence of the violation, the
18-16 court shall order that no penalty is owed.
18-17 (p) When the judgment of the court becomes final, the court
18-18 shall proceed under this subsection. If the person paid the amount
18-19 of the penalty and if that amount is reduced or is not upheld by
18-20 the court, the court shall order that the appropriate amount plus
18-21 accrued interest be remitted to the person. The rate of the
18-22 interest is the rate charged on loans to depository institutions by
18-23 the New York Federal Reserve Bank, and the interest shall be paid
18-24 for the period beginning on the date the penalty was paid and
18-25 ending on the date the penalty is remitted. If the person gave a
18-26 supersedeas bond and if the amount of the penalty is not upheld by
18-27 the court, the court shall order the release of the bond. If the
19-1 person gave a supersedeas bond and if the amount of the penalty is
19-2 reduced, the court shall order the release of the bond after the
19-3 person pays the amount.
19-4 (q) A penalty collected under this section shall be remitted
19-5 to the comptroller for deposit in the general revenue fund.
19-6 (r) All proceedings under this section are subject to
19-7 Chapter 2001, Government Code.
19-8 SECTION 12. Section 145.013, Health and Safety Code, is
19-9 amended to read as follows:
19-10 Sec. 145.013. CRIMINAL PENALTY. (a) A person, other than a
19-11 customer, commits an offense if the person <knowingly or
19-12 recklessly> violates this chapter or a rule adopted under this
19-13 chapter.
19-14 (b) An offense under this chapter is a Class A <Class C>
19-15 misdemeanor.
19-16 SECTION 13. A person who holds a permit issued under Chapter
19-17 145, Health and Safety Code, before the effective date of this Act,
19-18 and who would be ineligible for issuance of that permit under
19-19 Section 145.0095, Health and Safety Code, as added by this Act, may
19-20 continue to operate as a tanning facility under the permit until
19-21 the permit expires. A person may not renew a permit unless, at the
19-22 time of renewal, the person is eligible for renewal of the license
19-23 under Section 145.0095, Health and Safety Code, as added by this
19-24 Act.
19-25 SECTION 14. (a) A change in law made by this Act applies
19-26 only to an offense committed on or after the effective date of this
19-27 Act. For the purposes of this section, an offense is committed
20-1 before the effective date of this Act if any element of the offense
20-2 occurs before that date.
20-3 (b) An offense committed before the effective date of this
20-4 Act is governed by the law in effect when the offense is committed,
20-5 and the former law is continued in effect for that purpose.
20-6 (c) The change in law made by this Act regarding the
20-7 imposition of a civil or administrative penalty applies only to a
20-8 violation that occurs on or after the effective date of this Act.
20-9 A violation that occurs before the effective date of this Act is
20-10 covered by the law in effect when the violation was committed, and
20-11 the former law is continued in effect for that purpose.
20-12 SECTION 15. If any provision of this Act or its application
20-13 to any person or circumstance is held invalid, the invalidity does
20-14 not affect other provisions or applications of this Act that can be
20-15 given effect without the invalid provision or application, and to
20-16 this end the provisions of this Act are declared to be severable.
20-17 SECTION 16. The importance of this legislation and the
20-18 crowded condition of the calendars in both houses create an
20-19 emergency and an imperative public necessity that the
20-20 constitutional rule requiring bills to be read on three several
20-21 days in each house be suspended, and this rule is hereby suspended,
20-22 and that this Act take effect and be in force from and after its
20-23 passage, and it is so enacted.