SRC-JJJ H.B. 1155 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1155
By: Lewis, Ron (Nelson)
Health Services
5/14/1999
Engrossed


DIGEST 

Current law regulates tanning facilities through the Texas Department of
Health. Tanning facilities must obtain licenses, post certain warning
signs, require parental consent of customers under 18 years of age, and
maintain certain records.  H.B. 1155 requires a tanning facility to post
additional warning information, prohibits a tanning facility from allowing
a person younger than 18 year of age to use a tanning device, and requires
a tanning facility to maintain additional customer and incident
information. This bill also requires the Texas Department of Health to
conduct a public education program on the dangers of tanning and to
maintain a toll-free tanning injury hotline.  

PURPOSE

As proposed, H.B. 1155 establishes provisions regarding the regulation of
tanning. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION
3(Section 145.006, Health and Safety Code), SECTION 4 (Section
145.008,Health and Safety Code), and SECTION 5 (Section 145.010, Health and
SafetyCode) of this bill.  

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 145.002, Health and Safety Code, to define
"Fitzpatrick scale." Makes conforming changes. 

SECTION 2. Amends Section 145.005(a), Health and Safety Code, to require a
tanning facility to give each customer a written statement warning, among
other things, that a person with pale eyes or very fair skin that always
burns and never tans should avoid a tanning device and that a person with a
family or past medical history of skin cancer should avoid a tanning
device.  

SECTION 3. Amends Section 145.006, Health and Safety Code, to authorize a
customer to call the Texas Department of Health at a certain number to
report an injury regarding this tanning facility. Requires an operator to
post three color photographs on or near each warning sign required by this
section.  Sets forth the required image of the photographs.  Requires the
Texas Board of Health (board) by rule to describe each photograph, the
requirements for the posting of the photograph, and how the operator may
obtain copies of photographs for compliance with this subsection. 

SECTION 4. Amends Section 145.008, Health and Safety Code, by amending
Subsections (e), (f), and (h) and adding Subsections (i) and (j), to
provides that a person, who is 18 years of age or older, before the person
uses a tanning facility's tanning device, rather than a tanning facility
device, for the first time and each time a person executes or renews a
contract to use a tanning facility, rather than device, must provide photo
identification, in addition to signing a particular written statement.
Prohibits a tanning facility from allowing a person younger than 18 years
of age to use a tanning device, rather than providing that a person younger
than 18 years, must give written parental consent before using a tanning
facility device.  Includes the customer's eye color; the customer's skin
type, as determined by the customer by using the Fitzpatrick scale for
classifying a skin type; whether the customer has a family history of skin
cancer; and whether the customer has a past medical history  of skin cancer
among the required information of each customer that a tanning facility is
required maintain.  Requires an operator to keep an incident log at each
tanning facility.  Requires that the log be maintained at the tanning
facility at least until the third anniversary of the date of an incident.
Requires the board, by rule, to prescribe the form and content of the log.
Sets forth the required composition of the log.  Requires the Texas
Department of Health (TDH) to provide each applicant for an original or
renewal license a written copy of the Fitzpatrick scale.  

SECTION 5. Amends Section 145.010, Health and Safety Code, by adding
Subsection (f), to requires the board, by rule, to increase the license fee
collected under this section to allow TDH to recover its costs in
implementing the program required by Section 145.014.  

SECTION 6. Amends Chapter 145, Health and Safety Code, by adding
Section145.014, as follows:  

Sec. 145.014. PUBLIC EDUCATION. (a) Requires TDH to conduct an education
program to inform the public about the dangers of tanning. Authorizes TDH
to accept a gift, grant, or donation to be used in administering this
section.  

SECTION 7. Amends Chapter 145, Health and Safety Code, by adding Section
145.015, as follows:  
 
Sec. 145.015. TOLL-FREE NUMBER. Requires TDH to maintain a toll-free
telephone number that a customer may call to report an injury regarding a
tanning device or incurred at a tanning facility.  

SECTION 8. (a)  Effective date: September 1, 1999.

(b) Requires TDH, not later than November 1, 1999, to adopt the rules
required by Sections 145.006, 145.008, and 145.010, Health and Safety Code,
and to implement the toll-free number required by Section 145.015, Health
and Safety Code.  

(c) Provides that a tanning facility or operator is not required to post
the warning signs and photographs required by Section 145.006, Health and
Safety Code, until December 1, 1999.  

SECTION 9. Emergency clause.