1-1                                   AN ACT
 1-2     relating to the regulation of tanning facilities.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 145.002, Health and Safety Code, is
 1-5     amended  to read as follows:
 1-6           Sec. 145.002.  DEFINITIONS.  In this chapter:
 1-7                 (1)  "Authorized agent" means an employee of the
 1-8     department designated by the commissioner to enforce this chapter. 
 1-9                 (2)  "Fitzpatrick scale" means the following scale for
1-10     classifying a skin type, based on the skin's reaction to the first
1-11     10 to 45 minutes of sun exposure after the  winter season:
1-12           Skin Type           Sunburning and Tanning History
1-13               1               Always burns easily; never tans
1-14               2               Always burns easily; tans minimally
1-15               3               Burns moderately; tans gradually
1-16               4               Burns minimally; always tans well
1-17               5               Rarely burns; tans profusely
1-18               6               Never burns; deeply pigmented. 
1-19                 (3) [(2)]  "Health authority" has the meaning assigned
1-20     by Section 121.021.
1-21                 (4) [(3)]  "Operator" means an owner of a tanning
1-22     facility or an agent of an owner of a tanning facility.
1-23                 (5) [(4)]  "Person" means an individual, partnership,
1-24     corporation, or association.
 2-1                 (6) [(5)]  "Phototherapy device" means a piece of
 2-2     equipment that emits ultraviolet radiation and is used by a health
 2-3     care professional in the  treatment of disease.
 2-4                 (7) [(6)]  "Tanning device" means a device under
 2-5     Section 431.002 and includes any equipment, including a sunlamp,
 2-6     tanning booth, and tanning  bed, that emits electromagnetic
 2-7     radiation with wavelengths in the air between 200 and 400
 2-8     nanometers and is used for the tanning of human skin.  The term
 2-9     also includes any accompanying equipment, including protective
2-10     eyewear, timers, and handrails.
2-11                 (8) [(7)]  "Tanning facility" means a business that
2-12     provides persons access to or use of tanning devices.
2-13           SECTION 2.  Section 145.005(a), Health and Safety Code, is
2-14     amended to read as follows:
2-15           (a)  A tanning facility shall give each customer a written
2-16     statement warning that:
2-17                 (1)  failure to use the eye protection provided to the
2-18     customer by the tanning facility may result in damage to the eyes;
2-19                 (2)  overexposure to ultraviolet light causes burns;
2-20                 (3)  repeated exposure may result in premature aging of
2-21     the skin and skin cancer;
2-22                 (4)  abnormal skin sensitivity or burning may be caused
2-23     by reactions of ultraviolet light to certain:
2-24                       (A)  foods;
2-25                       (B)  cosmetics; or
2-26                       (C)  medications, including:
2-27                             (i)  tranquilizers;
 3-1                             (ii)  diuretics;
 3-2                             (iii)  antibiotics;
 3-3                             (iv)  high blood pressure medicines; or
 3-4                             (v)  birth control pills;  [and]
 3-5                 (5)  any person taking a prescription or
 3-6     over-the-counter drug should consult a physician before using a
 3-7     tanning device;
 3-8                 (6)  a person with skin that always burns easily and
 3-9     never tans should avoid a tanning device; and
3-10                 (7)  a person with a family or past medical history of
3-11     skin cancer should avoid a tanning device.
3-12           SECTION 3.  Sections 145.006(a) and (b), Health and Safety
3-13     Code, are amended to read as follows:
3-14           (a)  A tanning facility shall post a warning sign in a
3-15     conspicuous location where it is readily visible by persons
3-16     entering the establishment.  The board by rule shall specify the
3-17     size, design, and graphic design of the sign.  The sign must have
3-18     dimensions of at least 11 inches by 17 inches and must contain the
3-19     following wording:
3-20                       DANGER:  ULTRAVIOLET RADIATION
3-21           Repeated exposure to ultraviolet radiation may cause chronic
3-22     sun damage characterized by wrinkling, dryness, fragility, bruising
3-23     of the skin, and skin cancer.
3-24           Failure to use protective eyewear may result in severe burns
3-25     or permanent injury to the eyes.
3-26           Medications or cosmetics may increase your sensitivity to
3-27     ultraviolet radiation.  Consult a physician before using a sunlamp
 4-1     if you are using medications, have a history of skin problems, or
 4-2     believe you are especially sensitive to sunlight.  Pregnant women
 4-3     or women taking oral contraceptives who use this product may
 4-4     develop discolored skin.
 4-5           A customer may call the Texas Department of Health at (insert
 4-6     toll-free telephone number) to report an alleged injury regarding
 4-7     this tanning facility.
 4-8            IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN
 4-9                FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP. 
4-10           (b)  A tanning facility operator shall also post a warning
4-11     sign at each tanning device in a conspicuous location that is
4-12     readily visible to a person about to use the device.  The board by
4-13     rule shall specify the size, design, and graphic design of the
4-14     sign.  The sign must have dimensions of at least 11 inches by 17
4-15     inches and must contain the following wording:
4-16                       DANGER:  ULTRAVIOLET RADIATION
4-17           1.  Follow the manufacturer's instructions for use of this
4-18     device.
4-19           2.  Avoid too frequent or lengthy exposure.  As with natural
4-20     sunlight, exposure can cause serious eye and skin injuries and
4-21     allergic reactions.  Repeated exposure may cause skin cancer.
4-22           3.  Wear protective eyewear.  Failure to use protective
4-23     eyewear may result in severe burns or permanent damage to the eyes.
4-24           4.  Do not sunbathe before or after exposure to ultraviolet
4-25     radiation from sunlamps.
4-26           5.  Medications or cosmetics may increase your sensitivity to
4-27     ultraviolet radiation.  Consult a physician before using a sunlamp
 5-1     if you are using medication, have a history of skin problems, or
 5-2     believe you are especially sensitive to sunlight.  Pregnant women
 5-3     or women using oral contraceptives who use this product may develop
 5-4     discolored skin.
 5-5           A customer may call the Texas Department of Health at (insert
 5-6     toll-free telephone number) to report an alleged injury regarding
 5-7     this tanning device.
 5-8            IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN
 5-9                          FROM USE OF THIS DEVICE. 
5-10           SECTION 4.  Section 145.008, Health and Safety Code, is
5-11     amended by amending Subsections (e), (f), (g), and (h) and adding
5-12     Subsections (i), (j), and (k) to read as follows:
5-13           (e)  Before a customer who is 18 years of age or older uses a
5-14     tanning facility's tanning [facility] device for the first time and
5-15     each time a person executes or renews a contract to use a  tanning
5-16     facility [device], the person must provide photo identification and
5-17     sign a written statement acknowledging that the person has read and
5-18     understood the required warnings before using the device and agrees
5-19     to use protective eyewear.
5-20           (f)  To ensure the proper operation of the tanning equipment,
5-21     a tanning facility may not allow a person younger than 13 years of
5-22     age to use a tanning device unless:
5-23                 (1)  the facility receives written permission from the
5-24     person's physician allowing the person to use the device; and
5-25                 (2)  the person's parent or legal guardian remains at
5-26     the tanning facility while the person uses the device.
5-27           (g)  Before any person 16 or 17 [who is younger than 18]
 6-1     years of age uses a tanning facility device for the first time, the
 6-2     person must give the operator a written informed consent statement
 6-3     signed and dated by the person's parent or legal guardian stating
 6-4     that the parent or legal guardian has read and understood the
 6-5     warnings given by the tanning facility, consents to the minor's use
 6-6     of a tanning device, and agrees that the minor will use protective
 6-7     eyewear.  In addition, a person 13, 14, or 15 [younger than 14]
 6-8     years of age must be accompanied by a parent or legal guardian who
 6-9     must remain at the tanning facility while the person uses the
6-10     [younger than 14 years of age is using a] tanning device.
6-11           (h) [(g)]  When a tanning device is in use by a person,
6-12     another person may not be allowed in the area of the tanning
6-13     device.
6-14           (i) [(h)]  A record of each customer using a tanning device
6-15     shall be maintained at the tanning facility at least until the
6-16     third anniversary of the date of the customer's last use of a
6-17     tanning device.  The board by rule shall prescribe the form and
6-18     content of the records.  The record shall include:
6-19                 (1)  the date and time of the customer's use of a
6-20     tanning device;
6-21                 (2)  the length of time the tanning device was used;
6-22                 (3)  any injury or illness resulting from the use of a
6-23     tanning device;  [and]
6-24                 (4)  any written informed consent statement required to
6-25     be signed under Subsection (e);
6-26                 (5)  the customer's skin type, as determined by the
6-27     customer by using the Fitzpatrick scale for classifying a skin
 7-1     type;
 7-2                 (6)  whether the customer has a family history of skin
 7-3     cancer; and
 7-4                 (7)  whether the customer has a past medical history of
 7-5     skin cancer [or (f)].
 7-6           (j)  An operator shall keep an incident log at each tanning
 7-7     facility.  The log shall be maintained at the tanning facility at
 7-8     least until the third anniversary of the date of an incident.  The
 7-9     board by rule shall prescribe the form and content of the log.  The
7-10     log shall include each:
7-11                 (1)  alleged injury;
7-12                 (2)  use of a tanning device by a customer not wearing
7-13     protective eyewear;
7-14                 (3)  mechanical problem with a tanning device; and
7-15                 (4)  customer complaint.
7-16           (k)  The Texas Department of Health shall provide to each
7-17     applicant for an original or renewal license a written copy  of the
7-18     Fitzpatrick scale.
7-19           SECTION 5.  Chapter 145, Health and Safety Code, is amended
7-20     by adding Section 145.015 to read as follows:
7-21           Sec. 145.015.  TOLL-FREE NUMBER.  The department shall
7-22     maintain a toll-free telephone number that a customer may call to
7-23     report an alleged injury regarding a tanning device or incurred at
7-24     a tanning facility.
7-25           SECTION 6. Chapter 145, Health and Safety Code, is amended by
7-26     adding Section 145.016 to read as follows:
7-27           Sec. 145.016.  DISCLOSURE OF RECORD PROHIBITED; EXCEPTION.
 8-1     (a)  Except as provided by Subsection (b), an operator or other
 8-2     person may not disclose a customer record required by Section
 8-3     145.008(i).
 8-4           (b)  An operator or other person may disclose a customer
 8-5     record:
 8-6                 (1)  if the customer, or a person authorized to act on
 8-7     behalf of the customer, requests the record;
 8-8                 (2)  if the commissioner or an authorized agent or
 8-9     health authority requests the record under Section 145.011;
8-10                 (3)  if the customer consents in writing to the
8-11     disclosure to another person;
8-12                 (4)  in a criminal proceeding in which the customer is
8-13     a victim, witness, or defendant;
8-14                 (5)  if the record is requested in a criminal or civil
8-15     proceeding by court order or subpoena; or
8-16                 (6)  as otherwise required by law.
8-17           SECTION 7.  (a)  This Act takes effect September 1, 2001.
8-18           (b)  Not later than January 1, 2002, the Texas Department of
8-19     Health shall adopt the rules required by Section 145.008, Health
8-20     and Safety Code, as amended by this Act, and implement the
8-21     toll-free telephone number required by Section 145.015, Health and
8-22     Safety Code, as added by this Act.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 663 was passed by the House on April
         20, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 663 on May 17, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 663 was passed by the Senate, with
         amendments, on May 15, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor