BILL ANALYSIS

H.B. 1310

By: Solomons

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Chapter 145, Health and Safety Code, regulates tanning facilities and the use of tanning devices.  A tanning device includes any equipment that emits electromagnetic radiation into the air with wavelengths between 200 and 400 nanometers and is used for tanning the human skin. The current requirements for a minor wishing to use a tanning device vary depending on the age of the minor.  Use of a tanning device is prohibited for a minor under 13 years of age unless the minor has a physician's permission; a minor under 15 years of age must be accompanied by a parent or guardian; and a minor between 16 and 17 years of age must sign an informed consent statement.  

H.B. 1310 requires a minor under the age of 18 to obtain the written permission of physician before being allowed to use a tanning device at a tanning facility and removes language that requires that a person 13, 14, or 15 years of age using a tanning device be accompanied by a parent or guardian who must remain at the facility.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 of this bill.

ANALYSIS

H.B. 1310 amends the Health and Safety Code to raise from 13 to 18 years of age the minimum age of a person who is allowed to use a tanning device at a tanning facility, unless the facility receives written permission from a physician allowing the person to use the device for a specified number of visits or a period of 12 months and the person's parent or legal guardian remains at the facility while the person uses the device.  The bill adds to the information required by rules adopted by the executive commissioner of the Health and Human Services Commission to be included in a customer's record maintained at a tanning facility, a copy of any physician's written permission for a person younger than 18 years of age to use a tanning device. The bill makes conforming changes.

EFFECTIVE DATE

September 1, 2009.