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.