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.