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.