Amend HB 1310 (House Committee Report) by striking all below 
the enacting clause and substituting the following:
	SECTION 1.  Sections 145.008(f), (g), and (i), Health and 
Safety Code, are amended to read as follows:
	(f)  To ensure the proper operation of the tanning equipment, 
a tanning facility may not allow:
		(1)  a person younger than 16.5 [13] years of age to use 
a tanning device; and
		(2)  a person younger than 18 years of age to use a 
tanning device unless[:
		[(1)  the facility receives written permission from the 
person's physician allowing the person to use the device; and
		[(2)]  the person's parent or legal guardian, in person 
at the facility, consents in writing for the person to use the 
device, which may be revoked at any time [remains at the tanning 
facility while the person uses the device].
	(g)  Before any person younger than 18 [16 or 17] years of age 
uses a tanning facility device for the first time, the person must 
give the operator a written informed consent statement signed and 
dated by the person and the person's parent or legal guardian 
stating that the person and the parent or legal guardian:
		(1)  have [has] read and understood the advisory 
statement issued by the Texas Medical Board, warning of the dangers 
of indoor and outdoor tanning and its association with skin cancer, 
eye damage, and other health risks, provided [warnings given] by 
the tanning facility;[, consents to the minor's use of a tanning 
device,] and
		(2)  agree [agrees] that the minor will use protective 
eyewear at all times while using the tanning device. [In addition, a 
person 13, 14, or 15 years of age must be accompanied by a parent or 
legal guardian who must remain at the tanning facility while the 
person uses the tanning device.]
	(i)  A record of each customer using a tanning device shall 
be maintained at the tanning facility at least until the third 
anniversary of the date of the customer's last use of a tanning 
device.  The executive commissioner of the Health and Human 
Services Commission [board] by rule shall prescribe the form and 
content of the records.  The record shall include:
		(1)  the date and time of the customer's use of a 
tanning device;           
		(2)  the length of time the tanning device was used;                          
		(3)  any injury or illness resulting from the use of a 
tanning device;      
		(4)  any parent or guardian consent required under 
Subsection (f) or any written informed consent statement required 
to be signed under Subsection (e) or (g);
		(5)  the customer's skin type, as determined by the 
customer by using the Fitzpatrick scale for classifying a skin 
type;
		(6)  whether the customer has a family history of skin 
cancer; and          
		(7)  whether the customer has a past medical history of 
skin cancer.        
	SECTION 2.  Not later than January 1, 2010:                                    
		(1)  the Texas Medical Board shall adopt the advisory 
statement required under Section 145.008(g), Health and Safety 
Code, as amended by this Act, and post the advisory statement on the 
board's Internet website in a form that is easily downloaded and 
printed by a tanning facility owner or operator; and
		(2)  the executive commissioner of the Health and Human 
Services Commission shall modify as necessary the prescribed form 
and content for the records required under Section 145.008(i), 
Health and Safety Code, as amended by this Act.
	SECTION 3.  (a)  Except as provided by Subsection (b), this 
Act takes effect September 1, 2009.
	(b)  Section 1 of this Act takes effect January 1, 2010.