By Woolley H.B. No. 3332
77R9171 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to health spas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 702.253, Occupations Code, is amended to
1-5 read as follows:
1-6 Sec. 702.253. Adjudication on Pro Rata Basis. [(a)] If the
1-7 total amount of actual financial losses computed under Section
1-8 702.252 for all claims filed under Section 702.251 exceeds the
1-9 amount of available security, the secretary of state shall reduce
1-10 the amount of each recovery under Section 702.252 on a pro rata
1-11 basis and shall compute the amount of each recovery by:
1-12 (1) dividing the amount of available security by the
1-13 total amount of actual financial losses computed under Section
1-14 702.252 for all claims; and
1-15 (2) multiplying the results computed under Subdivision
1-16 (1) by the amount of the recovery.
1-17 [(b) For purposes of this section, the amount of available
1-18 security is computed by subtracting the costs incurred in
1-19 publishing notice under Section 702.452 from the amount of the
1-20 security filed or posted for the health spa.]
1-21 SECTION 2. Section 702.254, Occupations Code, is amended to
1-22 read as follows:
1-23 Sec. 702.254. Claim Barred. The secretary of state may not
1-24 consider a claim filed under Section 702.251 if the claim is
2-1 received later than the 90th day after the [first] date notice is
2-2 first posted [published] under Section 702.452.
2-3 SECTION 3. Section 702.452, Occupations Code is amended to
2-4 read as follows:
2-5 Sec. 702.452. Notice of Closed Health Spa. (a) Not later
2-6 than the 3rd [45th] day after the date [the secretary of state
2-7 discovers] that a health spa is closed, the certificate holder
2-8 [secretary] shall contemporaneously:
2-9 (1) post at the health spa location [publish for two
2-10 consecutive Saturdays and Sundays in a newspaper of general
2-11 circulation in the county in which the health spa is located, or
2-12 the county nearest to the location of the health spa,] a notice
2-13 stating:
2-14 (A) that the health spa is closed;
2-15 (B) that a member of the health spa may, not
2-16 later than the 90th day after the date the [first] notice is first
2-17 posted [published,] file with the secretary of state a claim to
2-18 recover actual financial loss suffered by the member as a result of
2-19 the health spa closing; and
2-20 (C) the procedures for perfecting a security
2-21 claim; and
2-22 (2) notify the secretary of state of the health spa
2-23 closing and the date that the notice was first posted.
2-24 (b) After receiving notice of the closing the secretary of
2-25 state shall post on the secretary of state's internet website a
2-26 notice containing the information specified in Section
2-27 702.452(a)(1)
3-1 (c) The notice posted at the health spa location shall be at
3-2 least 8 1/2x11 inches, and must be posted at the closed health spa
3-3 in a place that is readily accessible to the general public at all
3-4 times that correspond to the former operating hours of the health
3-5 spa.
3-6 (d) The notice at the health spa location shall be
3-7 continuously posted for at least 14 days.
3-8 (e) The notice on the secretary of state's internet site
3-9 shall be continuously posted for at least 30 days.
3-10 (f) If the certificate holder fails to post the notice at
3-11 the health spa location within the time specified, the secretary of
3-12 state, not later than the 30th day after the date the secretary
3-13 discovers that a health spa is closed, shall post the notice at the
3-14 health spa location.
3-15 (g) The secretary of state shall, not later than the 10th
3-16 day after the day the secretary discovers that the health spa is
3-17 closed, notify the appropriate surety company or obligor of the
3-18 administrative proceedings pending under Subdivision (a)(1).
3-19 SECTION 4. Section 702.453, Occupations Code, is repealed.
3-20 SECTION 5. This Act takes effect September 1, 2001.