1-1 By: Yarbrough (Senate Sponsor - Gallegos) H.B. No. 2027
1-2 (In the Senate - Received from the House April 28, 1995;
1-3 May 1, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 12, 1995, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 7, Nays
1-6 0; May 12, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2027 By: Gallegos
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of tanning facilities; providing civil
1-11 and administrative penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 145.002, Health and Safety Code, is
1-14 amended to read as follows:
1-15 Sec. 145.002. DEFINITIONS. In this chapter:
1-16 (1) "Authorized agent" means an employee of the
1-17 department designated by the commissioner to enforce this chapter.
1-18 (2) "Health authority" has the meaning assigned by
1-19 Section 121.021 <means a physician designated to administer state
1-20 and local laws relating to public health>.
1-21 (3) "Operator" means an owner of a tanning facility or
1-22 an agent of an owner of a tanning facility.
1-23 (4) <(3)> "Person" means an individual, partnership,
1-24 corporation, or association.
1-25 (5) <(4)> "Phototherapy device" means a piece of
1-26 equipment that emits ultraviolet radiation and is used by a health
1-27 care professional in the treatment of disease.
1-28 (6) <(5)> "Tanning device" means a device under
1-29 Section 431.002 and includes any equipment, including a sunlamp,
1-30 tanning booth, and tanning bed, that emits electromagnetic
1-31 radiation with wavelengths in the air between 200 and 400
1-32 nanometers and is used for the tanning of human skin. The term
1-33 also includes any accompanying equipment, including protective
1-34 eyewear, timers, and handrails.
1-35 (7) <(6)> "Tanning facility" means a business that
1-36 provides persons access to or use of tanning devices.
1-37 SECTION 2. Section 145.004, Health and Safety Code, is
1-38 amended to read as follows:
1-39 Sec. 145.004. COMPLIANCE WITH <FEDERAL> LAW. (a) A tanning
1-40 device used by a tanning facility must comply with all applicable
1-41 federal and state laws and regulations.
1-42 (b) The Texas Department of Health may enforce Chapter 431
1-43 against a person who adulterates or misbrands a tanning device. The
1-44 department may investigate a person accused of adulterating or
1-45 misbranding a tanning device. For the purposes of this subsection,
1-46 a tanning device is adulterated or misbranded if the tanning device
1-47 would be an adulterated or misbranded device under Section 431.111
1-48 or 431.112.
1-49 SECTION 3. Section 145.006, Health and Safety Code, is
1-50 amended to read as follows:
1-51 Sec. 145.006. WARNING SIGNS. (a) A tanning facility shall
1-52 post a warning sign in a conspicuous location where it is readily
1-53 visible by persons entering the establishment. The board by rule
1-54 shall specify the size, design, and graphic design of the sign.
1-55 The sign must have dimensions of at least 11 inches by 17 <36>
1-56 inches <on each side> and must contain the following wording:
1-57 DANGER: ULTRAVIOLET RADIATION
1-58 Repeated exposure to ultraviolet radiation may cause chronic
1-59 sun damage characterized by wrinkling, dryness, fragility, <and>
1-60 bruising of the skin, and skin cancer.
1-61 Failure to use protective eyewear may result in severe burns
1-62 or permanent injury to the eyes.
1-63 Medications or cosmetics may increase your sensitivity to
1-64 ultraviolet radiation. Consult a physician before using a sunlamp
1-65 if you are using medications, have a history of skin problems, or
1-66 believe you are especially sensitive to sunlight. Pregnant women
1-67 or women taking oral contraceptives who use this product may
1-68 develop discolored skin.
2-1 IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO <WILL NOT>
2-2 TAN FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP.
2-3 (b) A tanning facility operator shall also post a warning
2-4 sign at each tanning device in a conspicuous location that is
2-5 readily visible to a person about to use the device. The board by
2-6 rule shall specify the size, design, and graphic design of the
2-7 sign. The sign must have dimensions of at least 11 inches by 17
2-8 <24> inches <on each side> and must contain the following wording
2-9 <language>:
2-10 DANGER: ULTRAVIOLET RADIATION
2-11 1. Follow the manufacturer's instructions for use of this
2-12 device.
2-13 2. Avoid too frequent or lengthy exposure. As with natural
2-14 sunlight, exposure can cause serious eye and skin injuries and
2-15 allergic reactions. Repeated exposure may cause skin cancer.
2-16 3. Wear protective eyewear. Failure to use protective
2-17 eyewear may result in severe burns or permanent damage to the eyes.
2-18 4. Do not sunbathe before or after exposure to ultraviolet
2-19 radiation from sunlamps.
2-20 5. Medications or cosmetics may increase your sensitivity to
2-21 ultraviolet radiation. Consult a physician before using a sunlamp
2-22 if you are using medication, have a history of skin problems, or
2-23 believe you are especially sensitive to sunlight. Pregnant women
2-24 or women using oral contraceptives who use this product may develop
2-25 discolored skin.
2-26 IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO <WILL NOT>
2-27 TAN FROM USE OF THIS DEVICE.
2-28 (c) The Texas Department of Health shall include with a
2-29 license application and an application for renewal of a license a
2-30 description of the design standards required for signs under this
2-31 section.
2-32 SECTION 4. Section 145.007, Health and Safety Code, is
2-33 amended to read as follows:
2-34 Sec. 145.007. PROHIBITED CLAIMS ABOUT SAFETY. A tanning
2-35 facility operator may not claim or distribute promotional materials
2-36 that claim that using a tanning device is safe or free from risk or
2-37 that using a tanning device will result in medical or health
2-38 benefits.
2-39 SECTION 5. Section 145.008, Health and Safety Code, is
2-40 amended to read as follows:
2-41 Sec. 145.008. OPERATIONAL REQUIREMENTS. (a) A tanning
2-42 facility shall have an operator present during operating hours.
2-43 The operator must:
2-44 (1) be sufficiently knowledgeable in the correct
2-45 operation of the tanning devices used at the facility;
2-46 (2) instruct, <that the operator may> inform, and
2-47 assist each customer in the proper use of the tanning devices;
2-48 (3) complete and maintain records required by this
2-49 chapter; and
2-50 (4) explain or otherwise inform each customer
2-51 initially using the tanning facility of:
2-52 (A) the potential hazards of and protective
2-53 measures necessary for ultraviolet radiation;
2-54 (B) the requirement that protective eyewear be
2-55 worn while using a tanning device;
2-56 (C) the possibility of photosensitivity or of a
2-57 photoallergic reaction to certain drugs, medicine, or other agents
2-58 when a person is subjected to the sun or ultraviolet radiation;
2-59 (D) the correlation between skin type and
2-60 exposure time;
2-61 (E) the maximum exposure time to the facility's
2-62 devices;
2-63 (F) the biological process of tanning; and
2-64 (G) the dangers of and the necessity to avoid
2-65 overexposure to ultraviolet radiation.
2-66 (b) Before each use of a tanning device, the operator shall
2-67 provide with each device clean and <provide the customer with>
2-68 properly sanitized protective eyewear that protects the eyes from
2-69 ultraviolet radiation and allows adequate vision to maintain
2-70 balance. The protective eyewear shall be located in the immediate
3-1 area of each tanning device and shall be provided without charge to
3-2 each user of a tanning device. The operator may not allow a person
3-3 to use a tanning device if that person does not use <the>
3-4 protective eyewear that meets the requirements of the United States
3-5 Food and Drug Administration. The operator also shall show each
3-6 customer how to use suitable physical aids, such as handrails and
3-7 markings on the floor, to maintain proper exposure distance as
3-8 recommended by the manufacturer of the tanning device.
3-9 (c) The tanning facility operator shall clean and properly
3-10 sanitize the body contact surfaces of a tanning device after each
3-11 use of the tanning device.
3-12 (d) <(c)> The tanning facility shall use a timer with an
3-13 accuracy of at least plus or minus 10 percent of the maximum timer
3-14 <any selected time> interval of the tanning device. The operator
3-15 <facility> shall limit the exposure time of a customer on a tanning
3-16 device to the maximum exposure time recommended by the
3-17 manufacturer. A timer shall be located so that a customer cannot
3-18 set or reset the customer's exposure time. The operator <facility>
3-19 shall control the <interior> temperature of the customer contact
3-20 surfaces of a tanning device and the surrounding area so that it
3-21 may not exceed 100 degrees Fahrenheit.
3-22 (e) Before <(d) Either each time> a customer who is 18
3-23 years of age or older uses a tanning facility device for the first
3-24 time and <or> each time a person executes or renews a contract to
3-25 use a tanning facility device, the person must sign a written
3-26 statement acknowledging that the person has read and understood the
3-27 required warnings before using the device and agrees to use <the>
3-28 protective eyewear <that the tanning facility provides>.
3-29 (f) <(e)> Before any person who is <at least 14 years of age
3-30 but> younger than 18 years of age uses a tanning facility device
3-31 for the first time, the person must give the operator <tanning
3-32 facility> a written informed consent statement signed and dated by
3-33 the person's parent or legal guardian stating that the parent or
3-34 legal guardian has read and understood the warnings given by the
3-35 tanning facility, consents to the minor's use of a tanning device,
3-36 and agrees that the minor will use <the> protective eyewear <that
3-37 the tanning facility provides>. In addition, a <A> person younger
3-38 than 14 years of age must be accompanied by a parent or legal
3-39 guardian who must remain at the tanning facility while the person
3-40 younger than 14 years of age is <when> using a tanning device.
3-41 (g) When a tanning device is in use by a person, another
3-42 person may not be allowed in the area of the tanning device.
3-43 (h) A record of each customer using a tanning device shall
3-44 be maintained at the tanning facility at least until the third
3-45 anniversary of the date of the customer's last use of a tanning
3-46 device. The board by rule shall prescribe the form and content of
3-47 the records. The record shall include:
3-48 (1) the date and time of the customer's use of a
3-49 tanning device;
3-50 (2) the length of time the tanning device was used;
3-51 (3) any injury or illness resulting from the use of a
3-52 tanning device; and
3-53 (4) any written informed consent statement required to
3-54 be signed under Subsection (e) or (f).
3-55 SECTION 6. Section 145.009, Health and Safety Code, is
3-56 amended to read as follows:
3-57 Sec. 145.009. LICENSES <PERMITS>. (a) A person may not
3-58 operate a tanning facility unless the person holds a license
3-59 <permit> issued by the department to operate the facility. Unless
3-60 revoked or suspended, a license is valid until the first
3-61 anniversary of the date the license was issued. A separate license
3-62 is required for each tanning facility.
3-63 (b) The license <permit> shall be displayed in an open
3-64 public area of the tanning facility.
3-65 (c) The board annually shall renew licenses <permits> after
3-66 application for renewal is made on forms provided by the department
3-67 for this purpose and after receipt of renewal fees.
3-68 (d) The department by rule may adopt a system under which
3-69 licenses <permits> expire on various dates during the year. As
3-70 part of this system the license fees and the annual renewal fees
4-1 may be prorated on a monthly basis to reflect the actual number of
4-2 months the license <permit> is valid.
4-3 (e) The department may revoke, <cancel,> suspend, suspend on
4-4 an emergency basis, or probate by an emergency order of the
4-5 commissioner, or the commissioner's designee a license <permit> to
4-6 operate a tanning facility for:
4-7 (1) a failure to pay a license <permit> fee or an
4-8 annual renewal fee for a license <permit>;
4-9 (2) an applicant's acquisition or attempted
4-10 acquisition of a license <permit> by fraud or deception;
4-11 (3) a violation of this chapter; <or>
4-12 (4) a violation of a rule of the department adopted
4-13 under this chapter; or
4-14 (5) a violation of an order issued under this chapter.
4-15 (f) A license issued under this chapter shall be returned to
4-16 the department if the tanning facility:
4-17 (1) ceases to operate as a business permanently;
4-18 (2) changes the ownership of the tanning facility;
4-19 (3) changes the location of the tanning facility; or
4-20 (4) changes the name of the business under which the
4-21 tanning facility operates.
4-22 SECTION 7. Section 145.010, Health and Safety Code, is
4-23 amended to read as follows:
4-24 Sec. 145.010. FEES. (a) The board shall collect a fee,
4-25 except as provided by Subsection (f), for:
4-26 (1) a license issued or renewed; or
4-27 (2) a license that is modified <The department shall
4-28 set and collect a permit fee of $50 and an annual permit renewal
4-29 fee of $35>.
4-30 (b) The board may charge prorated or annual fees.
4-31 (c) The board by rule shall set the fees in amounts that
4-32 allow the department to recover not less than 50 percent of the
4-33 costs to the department in:
4-34 (1) reviewing and acting on a license application;
4-35 (2) modifying or renewing a license;
4-36 (3) inspecting a licensed facility; and
4-37 (4) implementing and enforcing this chapter or rules
4-38 relating to this chapter.
4-39 (d) The department shall use not less than 50 percent of the
4-40 license fees collected for inspecting a licensed facility or
4-41 enforcement of this chapter or a rule relating to this chapter.
4-42 The remainder of the license fees collected shall be used to
4-43 administer this chapter.
4-44 (e) A license fee received by the department shall be
4-45 deposited in the state treasury to the credit of the food and drug
4-46 registration fund. The fees are dedicated to the department for
4-47 the administration and enforcement of this chapter.
4-48 (f) The department shall set and collect a permit fee of
4-49 $1,500 and an annual permit renewal fee of $750 for a tanning
4-50 facility that operates as a sexually oriented business under
4-51 license or permit issued in accordance with Section 243.007, Local
4-52 Government Code.
4-53 SECTION 8. Section 145.011, Health and Safety Code, is
4-54 amended by adding Subsection (c) to read as follows:
4-55 (c) A person who is required to maintain records under this
4-56 chapter or a person in charge of the custody of those records
4-57 shall, at the request of an authorized agent or health authority,
4-58 permit the authorized agent or health authority access to copy or
4-59 verify the records at reasonable times.
4-60 SECTION 9. Section 145.012, Health and Safety Code, is
4-61 amended to read as follows:
4-62 Sec. 145.012. EMERGENCY ORDER <INJUNCTION>. (a) The
4-63 commissioner or the commissioner's designee may issue an emergency
4-64 order relating to the operation of a tanning facility in the
4-65 department's jurisdiction if the commissioner or the commissioner's
4-66 designee determines that:
4-67 (1) operation of the tanning facility creates or poses
4-68 an immediate and serious threat to human life or health; and
4-69 (2) other procedures available to the department to
4-70 remedy or prevent the threat will result in unreasonable delay.
5-1 (b) The commissioner or the commissioner's designee may
5-2 issue an emergency order without notice or a hearing if the
5-3 commissioner or the designee determines notice or a hearing is not
5-4 practical under the circumstances.
5-5 (c) If an emergency order is issued without a hearing, the
5-6 department shall determine a time and place for a hearing at which
5-7 the emergency order is affirmed, modified, or set aside. The
5-8 hearing shall be held under rules of the department <If the
5-9 commissioner, an authorized agent, or a health authority finds that
5-10 a person has violated or is violating or threatening to violate
5-11 this chapter and that the violation or threat of violation creates
5-12 an immediate threat to the health and safety of the public, the
5-13 commissioner, authorized agent, or health authority may petition
5-14 the district court for a temporary restraining order to restrain
5-15 the violation or threat of violation>.
5-16 <(b) If a person has violated or is violating or threatening
5-17 to violate this chapter the commissioner, an authorized agent, or a
5-18 health authority may petition the district court for an injunction
5-19 to prohibit the person from continuing the violation or threat of
5-20 violation.>
5-21 <(c) On application for injunctive relief and a finding that
5-22 a person is violating or threatening to violate this chapter, the
5-23 district court shall grant any injunctive relief warranted by the
5-24 facts.>
5-25 <(d) Venue for a suit brought under this section is in the
5-26 county in which the violation or the threat of violation is alleged
5-27 to have occurred or in Travis County.>
5-28 SECTION 10. Chapter 145, Health and Safety Code, is amended
5-29 by adding Sections 145.0121-145.0123 to read as follows:
5-30 Sec. 145.0121. CIVIL PENALTY; INJUNCTION. (a) If it appears
5-31 that a person has violated or is violating this chapter or an order
5-32 issued or a rule adopted under this chapter, the commissioner may
5-33 request the attorney general or the district or county attorney or
5-34 the municipal attorney of a municipality in the jurisdiction where
5-35 the violation is alleged to have occurred or may occur to institute
5-36 a civil suit for:
5-37 (1) an order enjoining the violation;
5-38 (2) a permanent or temporary injunction, a temporary
5-39 restraining order, or other appropriate remedy if the department
5-40 shows that the person has engaged in or is engaging in a violation;
5-41 (3) the assessment and recovery of a civil penalty; or
5-42 (4) both injunctive relief and a civil penalty.
5-43 (b) A civil penalty may not exceed $25,000 a day for each
5-44 violation. Each day the violation occurs constitutes a separate
5-45 violation for the purposes of the assessment of a civil penalty.
5-46 (c) In determining the amount of the civil penalty, the
5-47 court hearing the matter shall consider:
5-48 (1) the person's history of previous violations;
5-49 (2) the seriousness of the violation;
5-50 (3) the hazard to the health and safety of the public;
5-51 (4) the demonstrated good faith of the person charged;
5-52 and
5-53 (5) any other matter as justice may require.
5-54 (d) Venue for a suit brought under this section is the
5-55 municipality or county in which the violation occurred or in Travis
5-56 County.
5-57 (e) A civil penalty recovered in a suit instituted by a
5-58 local government under this chapter shall be paid to the local
5-59 government.
5-60 (f) The commissioner or the attorney general may each
5-61 recover reasonable expenses incurred in obtaining injunctive relief
5-62 or a civil penalty under this section, including investigation and
5-63 court costs, reasonable attorney's fees, witness fees, and other
5-64 expenses. The expenses recovered by the commissioner under this
5-65 section shall be used for the administration and enforcement of
5-66 this chapter. The expenses recovered by the attorney general shall
5-67 be used by the attorney general.
5-68 Sec. 145.0122. ADMINISTRATIVE PENALTY. (a) The board or
5-69 the board's designee may impose an administrative penalty against a
5-70 person licensed or regulated under this chapter who violates this
6-1 chapter or a rule or order adopted under this chapter.
6-2 (b) The penalty for a violation may be in an amount not to
6-3 exceed $25,000. Each day a violation continues or occurs is a
6-4 separate violation for purposes of imposing an administrative
6-5 penalty.
6-6 (c) The amount of the penalty shall be based on:
6-7 (1) the person's history of previous violations;
6-8 (2) the seriousness of the violation;
6-9 (3) the hazard the violation caused or will cause to
6-10 the health and safety of the public;
6-11 (4) the demonstrated good faith of the person charged
6-12 with a violation; and
6-13 (5) any other matter that justice may require.
6-14 (d) If the commissioner or the commissioner's designee
6-15 determines a violation has occurred, the commissioner or the
6-16 commissioner's designee may issue to the board or the board's
6-17 designee a report that states the facts on which the determination
6-18 is based and the commissioner's or the designee's recommendation on
6-19 the imposition of a penalty, including a recommendation on the
6-20 amount of the penalty.
6-21 (e) Within 14 days after the date the report is issued, the
6-22 commissioner or the commissioner's designee shall give written
6-23 notice of the report to the person. The notice may be given by
6-24 certified mail. The notice must include a brief summary of the
6-25 alleged violation and a statement of the amount of the recommended
6-26 penalty and must inform the person that the person has a right to a
6-27 hearing on the occurrence of the violation, the amount of the
6-28 penalty, or both the occurrence of the violation and the amount of
6-29 the penalty.
6-30 (f) Within 20 days after the date the person receives the
6-31 notice, the person in writing may accept the determination and
6-32 recommended penalty of the commissioner or the commissioner's
6-33 designee or may make a written request for a hearing on the
6-34 occurrence of the violation, the amount of the penalty, or both the
6-35 occurrence of the violation and the amount of the penalty.
6-36 (g) If the person accepts the determination and recommended
6-37 penalty of the commissioner or the commissioner's designee, the
6-38 board by order shall approve the determination and impose the
6-39 recommended penalty.
6-40 (h) If the person requests a hearing or fails to respond
6-41 timely to the notice, the commissioner or the commissioner's
6-42 designee shall set a hearing and give notice of the hearing to the
6-43 person. The hearing shall be held by an administrative law judge
6-44 of the department. The administrative law judge shall make
6-45 findings of fact and conclusions of law and promptly issue to the
6-46 board a proposal for a decision about the occurrence of the
6-47 violation and the amount of a proposed penalty. Based on the
6-48 findings of fact, conclusions of law, and proposal for a decision,
6-49 the board by order may find that a violation has occurred and
6-50 impose a penalty or may find that no violation occurred.
6-51 (i) The notice of the board's order given to the person
6-52 under Chapter 2001, Government Code, must include a statement of
6-53 the right of the person to judicial review of the order.
6-54 (j) Within 30 days after the date the board's order becomes
6-55 final as provided by Section 2001.144, Government Code, the person
6-56 shall:
6-57 (1) pay the amount of the penalty;
6-58 (2) pay the amount of the penalty and file a petition
6-59 for judicial review contesting the occurrence of the violation, the
6-60 amount of the penalty, or both the occurrence of the violation and
6-61 the amount of the penalty; or
6-62 (3) without paying the amount of the penalty, file a
6-63 petition for judicial review in a district court in Travis County
6-64 contesting the occurrence of the violation, the amount of the
6-65 penalty, or both the occurrence of the violation and the amount of
6-66 the penalty.
6-67 (k) Within the 30-day period, a person who acts under
6-68 Subsection (j)(3) may:
6-69 (1) stay enforcement of the penalty by:
6-70 (A) paying the amount of the penalty to the
7-1 court for placement in an escrow account; or
7-2 (B) giving to the court a supersedeas bond that
7-3 is approved by the court for the amount of the penalty and that is
7-4 effective until all judicial review of the board's order is final;
7-5 or
7-6 (2) request the court to stay enforcement of the
7-7 penalty by:
7-8 (A) filing with the court a sworn affidavit of
7-9 the person stating that the person is financially unable to pay the
7-10 amount of the penalty and is financially unable to give the
7-11 supersedeas bond; and
7-12 (B) giving a copy of the affidavit to the
7-13 commissioner by certified mail.
7-14 (l) If the commissioner receives a copy of an affidavit
7-15 under Subsection (k)(2), the commissioner may file with the court,
7-16 not later than the fifth day after the date the copy is received, a
7-17 contest to the affidavit. The court shall hold a hearing on the
7-18 facts alleged in the affidavit as soon as practicable and shall
7-19 stay the enforcement of the penalty on finding that the alleged
7-20 facts are true. The person who files an affidavit has the burden
7-21 of proving that the person is financially unable to pay the amount
7-22 of the penalty and give a supersedeas bond.
7-23 (m) If the person does not pay the amount of the penalty and
7-24 the enforcement of the penalty is not stayed, the commissioner may
7-25 refer the matter to the attorney general for collection of the
7-26 amount of the penalty.
7-27 (n) Judicial review of the order of the board:
7-28 (1) is instituted by filing a petition as provided by
7-29 Subchapter G, Chapter 2001, Government Code; and
7-30 (2) is under the substantial evidence rule.
7-31 (o) If the court sustains the occurrence of the violation,
7-32 the court may uphold or reduce the amount of the penalty and order
7-33 the person to pay the full or reduced amount of the penalty. If
7-34 the court does not sustain the occurrence of the violation, the
7-35 court shall order that no penalty is owed.
7-36 (p) When the judgment of the court becomes final, the court
7-37 shall proceed under this subsection. If the person paid the amount
7-38 of the penalty and if that amount is reduced or is not upheld by
7-39 the court, the court shall order that the appropriate amount plus
7-40 accrued interest be remitted to the person. The rate of the
7-41 interest is the rate charged on loans to depository institutions by
7-42 the New York Federal Reserve Bank, and the interest shall be paid
7-43 for the period beginning on the date the penalty was paid and
7-44 ending on the date the penalty is remitted. If the person gave a
7-45 supersedeas bond and if the amount of the penalty is not upheld by
7-46 the court, the court shall order the release of the bond. If the
7-47 person gave a supersedeas bond and if the amount of the penalty is
7-48 reduced, the court shall order the release of the bond after the
7-49 person pays the amount.
7-50 (q) A penalty collected under this section shall be remitted
7-51 to the comptroller for deposit in the general revenue fund.
7-52 (r) All proceedings under this section are subject to
7-53 Chapter 2001, Government Code.
7-54 Sec. 145.0123. RESTRICTIONS ON ADULT TANNING FACILITIES.
7-55 (a) An adult tanning facility is subject to the requirements of
7-56 this chapter and any other provision of law regulating the
7-57 operation of an adult tanning facility.
7-58 (b) In this section, "adult tanning facility" means a
7-59 tanning facility whose primary business is offering a service or
7-60 the sale, rental, or exhibition of a device or other item intended
7-61 to provide sexual stimulation or sexual gratification to a
7-62 customer.
7-63 SECTION 11. Section 145.013, Health and Safety Code, is
7-64 amended to read as follows:
7-65 Sec. 145.013. CRIMINAL PENALTY. (a) A person, other than a
7-66 customer, commits an offense if the person <knowingly or
7-67 recklessly> violates this chapter or a rule adopted under this
7-68 chapter.
7-69 (b) An offense under this chapter is a Class A <Class C>
7-70 misdemeanor.
8-1 SECTION 12. This Act takes effect September 1, 1995.
8-2 SECTION 13. (a) A change in law made by this Act applies
8-3 only to an offense committed on or after the effective date of this
8-4 Act. For the purposes of this section, an offense is committed
8-5 before the effective date of this Act if any element of the offense
8-6 occurs before that date.
8-7 (b) An offense committed before the effective date of this
8-8 Act is governed by the law in effect when the offense is committed,
8-9 and the former law is continued in effect for that purpose.
8-10 (c) The change in law made by this Act regarding the
8-11 imposition of a civil or administrative penalty applies only to a
8-12 violation that occurs on or after the effective date of this Act.
8-13 A violation that occurs before the effective date of this Act is
8-14 covered by the law in effect when the violation was committed, and
8-15 the former law is continued in effect for that purpose.
8-16 SECTION 14. The importance of this legislation and the
8-17 crowded condition of the calendars in both houses create an
8-18 emergency and an imperative public necessity that the
8-19 constitutional rule requiring bills to be read on three several
8-20 days in each house be suspended, and this rule is hereby suspended.
8-21 * * * * *