1-1 By: Staples S.B. No. 1318
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on Business and Commerce;
1-4 March 29, 2001, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; March 29, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to health spas.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 702.253, Occupations Code, is amended to
1-11 read as follows:
1-12 Sec. 702.253. Adjudication on Pro Rata Basis. [(a)] If the
1-13 total amount of actual financial losses computed under Section
1-14 702.252 for all claims filed under Section 702.251 exceeds the
1-15 amount of available security, the secretary of state shall reduce
1-16 the amount of each recovery under Section 702.252 on a pro rata
1-17 basis and shall compute the amount of each recovery by:
1-18 (1) dividing the amount of available security by the
1-19 total amount of actual financial losses computed under Section
1-20 702.252 for all claims; and
1-21 (2) multiplying the results computed under Subdivision
1-22 (1) by the amount of the recovery.
1-23 [(b) For purposes of this section, the amount of available
1-24 security is computed by subtracting the costs incurred in
1-25 publishing notice under Section 702.452 from the amount of the
1-26 security filed or posted for the health spa.]
1-27 SECTION 2. Section 702.254, Occupations Code, is amended to
1-28 read as follows:
1-29 Sec. 702.254. Claim Barred. The secretary of state may not
1-30 consider a claim filed under Section 702.251 if the claim is
1-31 received later than the 90th day after the [first] date notice is
1-32 first posted [published] under Section 702.452.
1-33 SECTION 3. Section 702.452, Occupations Code, is amended to
1-34 read as follows:
1-35 Sec. 702.452. Notice of Closed Health Spa. (a) Not later
1-36 than the third [45th] day after the date [the secretary of state
1-37 discovers] that a health spa is closed, the certificate holder
1-38 [secretary] shall contemporaneously:
1-39 (1) post at the health spa location [publish for two
1-40 consecutive Saturdays and Sundays in a newspaper of general
1-41 circulation in the county in which the health spa is located, or
1-42 the county nearest to the location of the health spa,] a notice
1-43 stating:
1-44 (A) that the health spa is closed;
1-45 (B) that a member of the health spa may, not
1-46 later than the 90th day after the date the [first] notice is first
1-47 posted [published,] file with the secretary of state a claim to
1-48 recover actual financial loss suffered by the member as a result of
1-49 the health spa closing; and
1-50 (C) the procedures for perfecting a security
1-51 claim; and
1-52 (2) notify the secretary of state of the health spa
1-53 closing and the date that the notice was first posted.
1-54 (b) After receiving notice of the closing the secretary of
1-55 state shall post on the secretary of state's Internet website a
1-56 notice containing the information specified in Subsection (a)(1).
1-57 (c) The notice posted at the health spa location shall be at
1-58 least 8 1/2 x 11 inches and must be posted at the closed health spa
1-59 in a place that is readily accessible to the general public at all
1-60 times that correspond to the former operating hours of the health
1-61 spa.
1-62 (d) The notice at the health spa location shall be
1-63 continuously posted for at least 14 days.
1-64 (e) The notice on the secretary of state's Internet website
2-1 shall be continuously posted for at least 30 days.
2-2 (f) If the certificate holder fails to post the notice at
2-3 the health spa location within the time specified, the secretary of
2-4 state, not later than the 30th day after the date the secretary
2-5 discovers that a health spa is closed, shall post the notice at the
2-6 health spa location.
2-7 (g) The secretary of state shall, not later than the 10th
2-8 day after the day the secretary discovers that the health spa is
2-9 closed, notify the appropriate surety company or obligor of the
2-10 administrative proceedings pending under Subdivision (a)(1).
2-11 SECTION 4. Section 702.453, Occupations Code, is repealed.
2-12 SECTION 5. This Act takes effect September 1, 2001.
2-13 * * * * *