GEC H.B. 3159 75(R)    BILL ANALYSIS


BUSINESS & INDUSTRY
H.B. 3159
By: Hilbert
4-2-97
Committee Report (Unamended)



BACKGROUND 

Current law allows health spa employees and owners the right to determine
if a physical disability precludes the owner of a contract with the health
spa from effectively utilizing the health spa's facilities.  This places
an onerous and unfair burden on the contract owner to prove that he or she
should be allowed to cancel the contract and receive any unused portion of
fees already paid. 

PURPOSE

H.B. 3159 would require a health spa to cancel a contract with a contract
owner, and remit to that contract owner a partial refund of any unused
membership fee, if, in the opinion of the contract owner's doctor, the
contract owner is unable to use the facilities. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1   Amends Section 12(f), Health Spa Act (Article 5221l, Vernon's
Texas Civil Statutes) as follows: Section 12(f) ; Provides for required
health spa contract language. 

SECTION 2  Amends Section 13, Health Spa Act (Article 5221l, Vernon's
Texas Civil Statutes) as follows: Section 13;  Provides for contract
owner's doctor to determine if the contract owner is unable to make use of
a health spa's facilities.  Requires that the health spa may require proof
of illness or or injury.  Requires that written notice must be provided by
the contract owner to the health spa. 

SECTION 3  Provides for effective date of this Act.

SECTION 4  Emergency clause.