By Davila H.B. No. 2253 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the operation of tanning facilities; providing a 1-3 criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 145, Health and Safety Code, is amended 1-6 by adding Sections 145.0095 and 145.0096 to read as follows: 1-7 Sec. 145.0095. ISSUANCE OF PERMIT TO CERTAIN PERSONS 1-8 PROHIBITED. (a) The department may not issue or renew a permit 1-9 under Section 145.009 to a person who: 1-10 (1) holds a license or permit as a sexually oriented 1-11 business issued in accordance with Section 243.007, Local 1-12 Government Code; 1-13 (2) offers, as its primary business, a service or the 1-14 sale, rental, or exhibition of a device or other item that is 1-15 intended to provide sexual stimulation or sexual gratification to a 1-16 customer; or 1-17 (3) has been convicted of an offense under Chapter 21 1-18 or 43, Penal Code, or Section 71.02(a)(3), Penal Code. 1-19 (b) The department shall revoke a permit held by a person 1-20 who is not eligible to renew the permit under Subsection (a). 1-21 (c) For purposes of this section, a person has been 1-22 convicted of an offense if the person receives community 1-23 supervision for the offense after sentence is imposed or after the 1-24 person enters a plea of guilty or nolo contendere and is placed on 2-1 deferred adjudication. 2-2 Sec. 145.0096. CERTAIN ADVERTISING PROHIBITED. (a) A 2-3 business that is operated as a sexually oriented business under a 2-4 license or permit issued in accordance with Section 243.007, Local 2-5 Government Code, may not use the words "tan," "tanning," "tans" or 2-6 derivatives of those words in a sign or any other form of 2-7 advertising. 2-8 (b) A person commits an offense if the person violates 2-9 Subsection (a). Except as provided by Subsection (c), an offense 2-10 under this subsection is a Class C misdemeanor. 2-11 (c) If it is shown on the trial of an offense under 2-12 Subsection (b) that the person has previously been convicted of an 2-13 offense under that subsection, the offense is a Class A 2-14 misdemeanor. 2-15 SECTION 2. A person who holds a permit issued under Chapter 2-16 145, Health and Safety Code, before the effective date of this Act, 2-17 and who would be ineligible for issuance of that permit under 2-18 Section 145.0095, Health and Safety Code, as added by this Act, may 2-19 continue to operate as a tanning facility under the permit until 2-20 the permit expires. A person may not renew a permit unless, at the 2-21 time of renewal, the person is eligible for renewal of the license 2-22 under Section 145.0095, Health and Safety Code, as added by this 2-23 Act. 2-24 SECTION 3. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended, 3-2 and that this Act take effect and be in force from and after its 3-3 passage, and it is so enacted.