By Yarbrough H.B. No. 2027
74R6586 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of tanning facilities; providing civil
1-3 and administrative 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 shall post a warning sign at each
3-13 tanning device in a conspicuous location that is readily visible to
3-14 a person about to use the device. The board by rule shall specify
3-15 the size, design, and graphic design of the sign. The sign must
3-16 have dimensions of at least 11 inches by 17 <24> inches <on each
3-17 side> and must contain the following wording <language>:
3-18 DANGER: ULTRAVIOLET RADIATION
3-19 1. Follow the manufacturer's instructions for use of this
3-20 device.
3-21 2. Avoid too frequent or lengthy exposure. As with natural
3-22 sunlight, exposure can cause serious eye and skin injuries and
3-23 allergic reactions. Repeated exposure may cause skin cancer.
3-24 3. Wear protective eyewear. Failure to use protective
3-25 eyewear may result in severe burns or permanent damage to the eyes.
3-26 4. Do not sunbathe before or after exposure to ultraviolet
3-27 radiation from sunlamps.
4-1 5. Medications or cosmetics may increase your sensitivity to
4-2 ultraviolet radiation. Consult a physician before using a sunlamp
4-3 if you are using medication, have a history of skin problems, or
4-4 believe you are especially sensitive to sunlight. Pregnant women
4-5 or women using oral contraceptives who use this product may develop
4-6 discolored skin.
4-7 IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO <WILL NOT>
4-8 TAN FROM USE OF THIS DEVICE.
4-9 (c) The Texas Department of Health shall include with a
4-10 license application and an application for renewal of a license a
4-11 description of the design standards required for signs under this
4-12 section.
4-13 SECTION 4. Section 145.007, Health and Safety Code, is
4-14 amended to read as follows:
4-15 Sec. 145.007. PROHIBITED CLAIMS ABOUT SAFETY. A tanning
4-16 facility operator may not claim or distribute promotional materials
4-17 that claim that using a tanning device is safe or free from risk or
4-18 that using a tanning device will result in medical or health
4-19 benefits.
4-20 SECTION 5. Section 145.008, Health and Safety Code, is
4-21 amended to read as follows:
4-22 Sec. 145.008. OPERATIONAL REQUIREMENTS. (a) A tanning
4-23 facility shall have an operator present during operating hours.
4-24 The operator must:
4-25 (1) be sufficiently knowledgeable in the correct
4-26 operation of the tanning devices used at the facility;
4-27 (2) instruct, <that the operator may> inform, and
5-1 assist each customer in the proper use of the tanning devices;
5-2 (3) complete and maintain records required by this
5-3 chapter; and
5-4 (4) explain or otherwise inform each customer
5-5 initially using the tanning facility of:
5-6 (A) the potential hazards of and protective
5-7 measures necessary for ultraviolet radiation;
5-8 (B) the requirement that protective eyewear be
5-9 worn while using a tanning device;
5-10 (C) the possibility of photosensitivity or of a
5-11 photoallergic reaction to certain drugs, medicine, or other agents
5-12 when a person is subjected to the sun or ultraviolet radiation;
5-13 (D) the correlation between skin type and
5-14 exposure time;
5-15 (E) the maximum exposure time to the facility's
5-16 devices;
5-17 (F) the biological process of tanning; and
5-18 (G) the dangers of and the necessity to avoid
5-19 overexposure to ultraviolet radiation.
5-20 (b) Before each use of a tanning device, the operator shall
5-21 provide with each device clean and <provide the customer with>
5-22 properly sanitized protective eyewear that protects the eyes from
5-23 ultraviolet radiation and allows adequate vision to maintain
5-24 balance. The protective eyewear shall be located in the immediate
5-25 area of each tanning device and shall be provided without charge to
5-26 each user of a tanning device. The operator may not allow a person
5-27 to use a tanning device if that person does not use <the>
6-1 protective eyewear that meets the requirements of the federal Food
6-2 and Drug Administration. The operator also shall show each
6-3 customer how to use suitable physical aids, such as handrails and
6-4 markings on the floor, to maintain proper exposure distance as
6-5 recommended by the manufacturer of the tanning device.
6-6 (c) The tanning facility operator shall clean and properly
6-7 sanitize the body contact surfaces of a tanning device after each
6-8 use of the tanning device.
6-9 (d) <(c)> The tanning facility shall use a timer with an
6-10 accuracy of at least plus or minus 10 percent of the maximum timer
6-11 <any selected time> interval of the tanning device. The operator
6-12 <facility> shall limit the exposure time of a customer on a tanning
6-13 device to the maximum exposure time recommended by the
6-14 manufacturer. A timer may not be located in a place that allows
6-15 the customer to set the customer's own exposure time. The operator
6-16 <facility> shall control the <interior> temperature of the customer
6-17 contact surfaces of a tanning device and the surrounding area so
6-18 that it may not exceed 100 degrees Fahrenheit.
6-19 (e) Before <(d) Either each time> a customer who is 18
6-20 years of age or older uses a tanning facility device for the first
6-21 time and <or> each time a person executes or renews a contract to
6-22 use a tanning facility device, the person must sign a written
6-23 statement acknowledging that the person has read and understood the
6-24 required warnings before using the device and agrees to use the
6-25 protective eyewear that the tanning facility provides.
6-26 (f) <(e)> Before any person who is <at least 14 years of age
6-27 but> younger than 18 years of age uses a tanning facility device
7-1 for the first time, the person must give the operator <tanning
7-2 facility> a written informed consent statement signed and dated by
7-3 the person's parent or legal guardian stating that the parent or
7-4 legal guardian has read and understood the warnings given by the
7-5 tanning facility, consents to the minor's use of a tanning device,
7-6 and agrees that the minor will use <the> protective eyewear <that
7-7 the tanning facility provides>. In addition, a <A> person younger
7-8 than 14 years of age must be accompanied by a parent or legal
7-9 guardian who must remain at the tanning facility while the person
7-10 younger than 14 years of age is <when> using a tanning device.
7-11 (g) When a tanning device is in use by a person, another
7-12 person may not be allowed in the area of the tanning device.
7-13 (h) A record of each customer using a tanning device shall
7-14 be maintained at the tanning facility at least until the third
7-15 anniversary of the date of the customer's last use of a tanning
7-16 device. The board by rule shall prescribe the form and content of
7-17 the records. The record shall include:
7-18 (1) the date and time of the customer's use of a
7-19 tanning device;
7-20 (2) the length of time the tanning device was used;
7-21 (3) any injury or illness resulting from the use of a
7-22 tanning device; and
7-23 (4) any written informed consent statement required to
7-24 be signed under Subsection (e) or (f).
7-25 SECTION 6. Section 145.009, Health and Safety Code, is
7-26 amended to read as follows:
7-27 Sec. 145.009. LICENSES <PERMITS>. (a) A person may not
8-1 operate a tanning facility unless the person holds a license
8-2 <permit> issued by the department to operate the facility. Unless
8-3 revoked or suspended, a license is valid until the first
8-4 anniversary of the date the license was issued. A separate license
8-5 is required for each tanning facility.
8-6 (b) The license <permit> shall be displayed in an open
8-7 public area of the tanning facility.
8-8 (c) The board annually shall renew licenses <permits> after
8-9 application for renewal is made on forms provided by the department
8-10 for this purpose and after receipt of renewal fees.
8-11 (d) The department by rule may adopt a system under which
8-12 licenses <permits> expire on various dates during the year. As
8-13 part of this system the license fees and the annual renewal fees
8-14 may be prorated on a monthly basis to reflect the actual number of
8-15 months the license <permit> is valid.
8-16 (e) The department may revoke, <cancel,> suspend, suspend on
8-17 an emergency basis, or probate by an emergency order of the
8-18 commissioner, or the commissioner's designee a license <permit> to
8-19 operate a tanning facility for:
8-20 (1) a failure to pay a license <permit> fee or an
8-21 annual renewal fee for a license <permit>;
8-22 (2) an applicant's acquisition or attempted
8-23 acquisition of a license <permit> by fraud or deception;
8-24 (3) a violation of this chapter; <or>
8-25 (4) a violation of a rule of the department adopted
8-26 under this chapter; or
8-27 (5) a violation of an order issued under this chapter.
9-1 (f) A license issued under this chapter shall be returned to
9-2 the department if the tanning facility:
9-3 (1) ceases to operate as a business permanently;
9-4 (2) changes the ownership of the tanning facility;
9-5 (3) changes the location of the tanning facility; or
9-6 (4) changes the name of the business under which the
9-7 tanning facility operates.
9-8 (g) A license returned to the department under Subdivision
9-9 (f)(2), (3), or (4) may be modified by the department on the
9-10 payment of a fee and on complying with any other rules relating to
9-11 the modification of a license.
9-12 SECTION 7. Section 145.010, Health and Safety Code, is
9-13 amended to read as follows:
9-14 Sec. 145.010. FEES. (a) The board shall collect a fee for:
9-15 (1) a license issued or renewed; or
9-16 (2) a license that is modified <The department shall
9-17 set and collect a permit fee of $50 and an annual permit renewal
9-18 fee of $35>.
9-19 (b) The board may charge prorated or annual fees.
9-20 (c) The board by rule shall set the fees in amounts that
9-21 allow the department to recover not less than 50 percent of the
9-22 costs to the department in:
9-23 (1) reviewing and acting on a license application;
9-24 (2) modifying or renewing a license;
9-25 (3) inspecting a licensed facility; and
9-26 (4) implementing and enforcing this chapter or rules
9-27 relating to this chapter.
10-1 (d) The department shall use not less than 50 percent of the
10-2 license fees collected for inspecting a licensed facility or
10-3 enforcement of this chapter or a rule relating to this chapter.
10-4 The remainder of the license fees collected shall be used to
10-5 administer this chapter.
10-6 (e) A license fee received by the department shall be
10-7 deposited in the state treasury to the credit of the food and drug
10-8 registration fund. The fees are dedicated to the department for
10-9 the administration and enforcement of this chapter.
10-10 SECTION 8. Section 145.011, Health and Safety Code, is
10-11 amended by adding Subsection (c) to read as follows:
10-12 (c) A person required to maintain records under this chapter
10-13 or a person in charge of the custody of those records shall, at the
10-14 request of an authorized agent or health authority, permit the
10-15 authorized agent or health authority access to copy or verify the
10-16 records at reasonable times.
10-17 SECTION 9. Section 145.012, Health and Safety Code, is
10-18 amended to read as follows:
10-19 Sec. 145.012. EMERGENCY ORDER <INJUNCTION>. (a) The
10-20 commissioner or the commissioner's designee may issue an emergency
10-21 order relating to the operation of a tanning facility in the
10-22 department's jurisdiction if the commissioner or the commissioner's
10-23 designee determines that:
10-24 (1) operation of the tanning facility creates or poses
10-25 an immediate and serious threat to human life or health; and
10-26 (2) other procedures available to the department to
10-27 remedy or prevent the threat will result in unreasonable delay.
11-1 (b) The commissioner or the commissioner's designee may
11-2 issue an emergency order without notice or a hearing if the
11-3 commissioner or the designee determines notice or a hearing is not
11-4 practical under the circumstances.
11-5 (c) If an emergency order is issued without a hearing, the
11-6 department shall determine a time and place for a hearing at which
11-7 the emergency order is affirmed, modified, or set aside. The
11-8 hearing shall be held under rules of the department <If the
11-9 commissioner, an authorized agent, or a health authority finds that
11-10 a person has violated or is violating or threatening to violate
11-11 this chapter and that the violation or threat of violation creates
11-12 an immediate threat to the health and safety of the public, the
11-13 commissioner, authorized agent, or health authority may petition
11-14 the district court for a temporary restraining order to restrain
11-15 the violation or threat of violation>.
11-16 <(b) If a person has violated or is violating or threatening
11-17 to violate this chapter the commissioner, an authorized agent, or a
11-18 health authority may petition the district court for an injunction
11-19 to prohibit the person from continuing the violation or threat of
11-20 violation.>
11-21 <(c) On application for injunctive relief and a finding that
11-22 a person is violating or threatening to violate this chapter, the
11-23 district court shall grant any injunctive relief warranted by the
11-24 facts.>
11-25 <(d) Venue for a suit brought under this section is in the
11-26 county in which the violation or the threat of violation is alleged
11-27 to have occurred or in Travis County.>
12-1 SECTION 10. Chapter 145, Health and Safety Code, is amended
12-2 by adding Sections 145.0121-145.0123 to read as follows:
12-3 Sec. 145.0121. CIVIL PENALTY; INJUNCTION. (a) If it appears
12-4 that a person has violated or is violating this chapter or an order
12-5 issued or a rule adopted under this chapter, the commissioner may
12-6 request the attorney general or the district or county attorney or
12-7 the municipal attorney of a municipality in the jurisdiction where
12-8 the violation is alleged to have occurred or may occur to institute
12-9 a civil suit for:
12-10 (1) an order enjoining the violation;
12-11 (2) a permanent or temporary injunction, a temporary
12-12 restraining order, or other appropriate remedy if the department
12-13 shows that the person has engaged in or is engaging in a violation;
12-14 (3) the assessment and recovery of a civil penalty; or
12-15 (4) both injunctive relief and a civil penalty.
12-16 (b) A civil penalty may not exceed $25,000 a day for each
12-17 violation. Each day the violation occurs constitutes a separate
12-18 violation for the purposes of the assessment of a civil penalty.
12-19 (c) In determining the amount of the civil penalty, the
12-20 court hearing the matter shall consider:
12-21 (1) the person's history of previous violations;
12-22 (2) the seriousness of the violation;
12-23 (3) the hazard to the health and safety of the public;
12-24 (4) the demonstrated good faith of the person charged;
12-25 and
12-26 (5) any other matter as justice may require.
12-27 (d) Venue for a suit brought under this section is the
13-1 municipality or county in which the violation occurred or in Travis
13-2 County.
13-3 (e) A civil penalty recovered in a suit instituted by a
13-4 local government under this chapter shall be paid to the local
13-5 government.
13-6 (f) The commissioner or the attorney general may each
13-7 recover reasonable expenses incurred in obtaining injunctive relief
13-8 or a civil penalty under this section, including investigation and
13-9 court costs, reasonable attorney's fees, witness fees, and other
13-10 expenses. The expenses recovered by the commissioner under this
13-11 section shall be used for the administration and enforcement of
13-12 this chapter. The expenses recovered by the attorney general shall
13-13 be used by the attorney general.
13-14 Sec. 145.0122. ADMINISTRATIVE PENALTY. (a) The board or
13-15 the board's designee may impose an administrative penalty against a
13-16 person licensed or regulated under this chapter who violates this
13-17 chapter or a rule or order adopted under this chapter.
13-18 (b) The penalty for a violation may be in an amount not to
13-19 exceed $25,000. Each day a violation continues or occurs is a
13-20 separate violation for purposes of imposing an administrative
13-21 penalty.
13-22 (c) The amount of the penalty shall be based on:
13-23 (1) the person's history of previous violations;
13-24 (2) the seriousness of the violation;
13-25 (3) the hazard the violation caused or will cause to
13-26 the health and safety of the public;
13-27 (4) the demonstrated good faith of the person charged
14-1 with a violation; and
14-2 (5) any other matter that justice may require.
14-3 (d) If the commissioner or the commissioner's designee
14-4 determines a violation has occurred, the commissioner or the
14-5 commissioner's designee may issue to the board a report that states
14-6 the facts on which the determination is based and the
14-7 commissioner's or the designee's recommendation on the imposition
14-8 of a penalty, including a recommendation on the amount of the
14-9 penalty.
14-10 (e) Within 14 days after the date the report is issued, the
14-11 commissioner or the commissioner's designee shall give written
14-12 notice of the report to the person. The notice may be given by
14-13 certified mail. The notice must include a brief summary of the
14-14 alleged violation and a statement of the amount of the recommended
14-15 penalty and must inform the person that the person has a right to a
14-16 hearing on the occurrence of the violation, the amount of the
14-17 penalty, or both the occurrence of the violation and the amount of
14-18 the penalty.
14-19 (f) Within 20 days after the date the person receives the
14-20 notice, the person in writing may accept the determination and
14-21 recommended penalty of the commissioner or the commissioner's
14-22 designee or may make a written request for a hearing on the
14-23 occurrence of the violation, the amount of the penalty, or both the
14-24 occurrence of the violation and the amount of the penalty.
14-25 (g) If the person accepts the determination and recommended
14-26 penalty of the commissioner or the commissioner's designee, the
14-27 board by order shall approve the determination and impose the
15-1 recommended penalty.
15-2 (h) If the person requests a hearing or fails to respond
15-3 timely to the notice, the commissioner or the commissioner's
15-4 designee shall set a hearing and give notice of the hearing to the
15-5 person. The hearing shall be held by an administrative law judge
15-6 of the department. The administrative law judge shall make
15-7 findings of fact and conclusions of law and promptly issue to the
15-8 board a proposal for a decision about the occurrence of the
15-9 violation and the amount of a proposed penalty. Based on the
15-10 findings of fact, conclusions of law, and proposal for a decision,
15-11 the board by order may find that a violation has occurred and
15-12 impose a penalty or may find that no violation occurred.
15-13 (i) The notice of the board's order given to the person
15-14 under Chapter 2001, Government Code, must include a statement of
15-15 the right of the person to judicial review of the order.
15-16 (j) Within 30 days after the date the board's order becomes
15-17 final as provided by Section 2001.144, Government Code, the person
15-18 shall:
15-19 (1) pay the amount of the penalty;
15-20 (2) pay the amount of the penalty and file a petition
15-21 for judicial review contesting the occurrence of the violation, the
15-22 amount of the penalty, or both the occurrence of the violation and
15-23 the amount of the penalty; or
15-24 (3) without paying the amount of the penalty, file a
15-25 petition for judicial review in a district court in Travis County
15-26 contesting the occurrence of the violation, the amount of the
15-27 penalty, or both the occurrence of the violation and the amount of
16-1 the penalty.
16-2 (k) Within the 30-day period, a person who acts under
16-3 Subsection (j)(3) may:
16-4 (1) stay enforcement of the penalty by:
16-5 (A) paying the amount of the penalty to the
16-6 court for placement in an escrow account; or
16-7 (B) giving to the court a supersedeas bond that
16-8 is approved by the court for the amount of the penalty and that is
16-9 effective until all judicial review of the board's order is final;
16-10 or
16-11 (2) request the court to stay enforcement of the
16-12 penalty by:
16-13 (A) filing with the court a sworn affidavit of
16-14 the person stating that the person is financially unable to pay the
16-15 amount of the penalty and is financially unable to give the
16-16 supersedeas bond; and
16-17 (B) giving a copy of the affidavit to the
16-18 commissioner by certified mail.
16-19 (l) If the commissioner receives a copy of an affidavit
16-20 under Subsection (k)(2), the commissioner may file with the court,
16-21 not later than the fifth day after the date the copy is received, a
16-22 contest to the affidavit. The court shall hold a hearing on the
16-23 facts alleged in the affidavit as soon as practicable and shall
16-24 stay the enforcement of the penalty on finding that the alleged
16-25 facts are true. The person who files an affidavit has the burden
16-26 of proving that the person is financially unable to pay the amount
16-27 of the penalty and give a supersedeas bond.
17-1 (m) If the person does not pay the amount of the penalty and
17-2 the enforcement of the penalty is not stayed, the commissioner may
17-3 refer the matter to the attorney general for collection of the
17-4 amount of the penalty.
17-5 (n) Judicial review of the order of the board:
17-6 (1) is instituted by filing a petition as provided by
17-7 Subchapter G, Chapter 2001, Government Code; and
17-8 (2) is under the substantial evidence rule.
17-9 (o) If the court sustains the occurrence of the violation,
17-10 the court may uphold or reduce the amount of the penalty and order
17-11 the person to pay the full or reduced amount of the penalty. If
17-12 the court does not sustain the occurrence of the violation, the
17-13 court shall order that no penalty is owed.
17-14 (p) When the judgment of the court becomes final, the court
17-15 shall proceed under this subsection. If the person paid the amount
17-16 of the penalty and if that amount is reduced or is not upheld by
17-17 the court, the court shall order that the appropriate amount plus
17-18 accrued interest be remitted to the person. The rate of the
17-19 interest is the rate charged on loans to depository institutions by
17-20 the New York Federal Reserve Bank, and the interest shall be paid
17-21 for the period beginning on the date the penalty was paid and
17-22 ending on the date the penalty is remitted. If the person gave a
17-23 supersedeas bond and if the amount of the penalty is not upheld by
17-24 the court, the court shall order the release of the bond. If the
17-25 person gave a supersedeas bond and if the amount of the penalty is
17-26 reduced, the court shall order the release of the bond after the
17-27 person pays the amount.
18-1 (q) A penalty collected under this section shall be remitted
18-2 to the comptroller for deposit in the general revenue fund.
18-3 (r) All proceedings under this section are subject to
18-4 Chapter 2001, Government Code.
18-5 Sec. 145.0123. RESTRICTIONS ON ADULT TANNING FACILITIES.
18-6 (a) An adult tanning facility is subject to the requirements of
18-7 this chapter and any other provision of law regulating the
18-8 operation of an adult tanning facility.
18-9 (b) In this section, "adult tanning facility" means a
18-10 tanning facility whose primary business is offering a service or
18-11 the sale, rental, or exhibition of a device or other item intended
18-12 to provide sexual stimulation or sexual gratification to a
18-13 customer.
18-14 SECTION 11. Section 145.013, Health and Safety Code, is
18-15 amended to read as follows:
18-16 Sec. 145.013. CRIMINAL PENALTY. (a) A person, other than a
18-17 customer, commits an offense if the person <knowingly or
18-18 recklessly> violates this chapter or a rule adopted under this
18-19 chapter.
18-20 (b) An offense under this chapter is a Class A <Class C>
18-21 misdemeanor.
18-22 SECTION 12. This Act takes effect September 1, 1995.
18-23 SECTION 13. (a) A change in law made by this Act applies
18-24 only to an offense committed on or after the effective date of this
18-25 Act. For the purposes of this section, an offense is committed
18-26 before the effective date of this Act if any element of the offense
18-27 occurs before that date.
19-1 (b) An offense committed before the effective date of this
19-2 Act is governed by the law in effect when the offense is committed,
19-3 and the former law is continued in effect for that purpose.
19-4 (c) The change in law made by this Act regarding the
19-5 imposition of a civil or administrative penalty applies only to a
19-6 violation that occurs on or after the effective date of this Act.
19-7 A violation that occurs before the effective date of this Act is
19-8 covered by the law in effect when the violation was committed, and
19-9 the former law is continued in effect for that purpose.
19-10 SECTION 14. The importance of this legislation and the
19-11 crowded condition of the calendars in both houses create an
19-12 emergency and an imperative public necessity that the
19-13 constitutional rule requiring bills to be read on three several
19-14 days in each house be suspended, and this rule is hereby suspended.