By: Fraser  S.B. No. 335
         (In the Senate - Filed January 12, 2011; February 2, 2011,
  read first time and referred to Committee on Health and Human
  Services; March 14, 2011, reported favorably by the following
  vote:  Yeas 9, Nays 0; March 14, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to an exemption from regulation as health spas for certain
  governmental hospitals and clinics.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivision (4), Section 702.003, Occupations
  Code, is amended to read as follows:
               (4)  "Health spa" means a business that offers for
  sale, or sells, memberships that provide the members instruction in
  or the use of facilities for a physical exercise program. The term
  does not include:
                     (A)  an organization that is tax exempt under
  Section 501 et seq., Internal Revenue Code (26 U.S.C. Section 501 et
  seq.);
                     (B)  a private club owned and operated by its
  members;
                     (C)  an entity operated exclusively to:
                           (i)  teach dance or aerobic exercise; or
                           (ii)  provide physical rehabilitation
  activity related to an individual's injury or disease;
                     (D)  a person engaged in an activity authorized
  under a license issued by the state; [or]
                     (E)  an activity conducted or sanctioned by a
  school under the Education Code; or
                     (F)  a hospital or clinic owned or operated by an
  agency of the state or federal government or by a political
  subdivision of this state.
         SECTION 2.  This Act takes effect September 1, 2011.
 
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