SRC-MWN S.B. 1318 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1318
By: Staples
Business & Commerce
5/28/2001
Enrolled



DIGEST AND PURPOSE 

The Health Spa Act requires a person to obtain a certificate of
registration from the secretary of state before the person is authorized to
operate a health spa and to publish a notice before closing the spa. S.B.
1318 removes the requirement to publish the notice of closing in a
newspaper and requires that such notice to be published at the location of
the closed health spa. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 702.253, Occupations Code, to delete text
regarding the method of computing a security. 

SECTION 2. Amends Section 702.254, Occupations Code, to prohibit the
secretary of state from considering a claim filed under Section 702.251 if
the claim is received later than the 90th day after the date the notice is
first posted, rather than published, under Section 702.452. 

SECTION 3. Amends Section 702.452, Occupations Code, as follows:

(a) Provides that not later than the third, rather than 45th, day after the
date that a health spa is closed, the certificate holder is required
contemporaneously to post at the health spa location certain information
and notify the secretary of state of the health spa closing and the date
that the notice was first posted. Deletes text regarding method of
publishing notice.      

  (b) Requires the notice posted under Subsection (a)(1) to meet certain
conditions. 

(c) Provides that if the certificate holder fails to post the notice
required by Subsection (a)(1) within the time specified, the secretary of
state, not later than the 30th day after the date the secretary discovers
that a health spa is closed, is required to post the notice required under
Subsection (a)(1). 

(d) Requires the secretary of state, after receiving notice under
Subsection (a)(2) or otherwise discovering that a health spa is closed, to
post on the secretary of state's Internet website a notice containing the
information specified in Subsection (a)(1). Requires the notice to be
posted continuously for at least 30 days. 

(e) Requires the secretary of state, not later than the 10th day after the
day the secretary receives notice or otherwise discovers that a health spa
is closed, to notify the appropriate surety company or obligor of the
administrative proceedings pending under Subdivision (a)(1). 
 
SECTION 4. Repealer: Section 702.453 (Expenses Relating to Notice),
Occupations Code. 

SECTION 5. Effective date: September 1, 2001.
           Makes application of this Act prospective.