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


Senate Research Center   S.B. 1318
77R9171 TBy: Staples
Business & Commerce
3/26/2001
As Filed


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. As
proposed, 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, to provide that not
later than the 3rd, 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. Requires the
secretary of state to post the information on the secretary of state's
Internet website as specified in Section 702.452(a)(1). Requires the notice
posted at the health spa to meet certain conditions. Requires the notice
located at the health spa to be continuously posted for at least 14 days.
Requires the notice on the secretary of state's Internet site to be
continuously posted for at least 30 days. Provides that if the certificate
holder fails to post the notice at the health spa location 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 at the health spa location. Requires the secretary of
state, not later than the 10th day after the day the secretary discovers
that the 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.