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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the use of a tanning facility by a |
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minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 145.008(e), (f), and (i), Health and |
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Safety Code, are amended to read as follows: |
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(e) Before a customer [who is 18 years of age or older] uses |
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a tanning facility's tanning device for the first time and each time |
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a person executes or renews a contract to use a tanning facility, |
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the person must provide photo identification and sign a written |
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statement acknowledging that the person has read and understood the |
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required warnings before using the device and agrees to use |
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protective eyewear. |
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(f) To ensure the proper operation of the tanning equipment, |
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a tanning facility may not allow[:
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[(1)] a person younger than 18 [16.5] years of age to |
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use a tanning device[; and
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[(2)
a person younger than 18 years of age to use a
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tanning device unless
the person's parent or legal guardian, in
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person at the facility, consents in writing for the person to use
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the device, which may be revoked at any time]. |
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(i) A record of each customer using a tanning device shall |
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be maintained at the tanning facility at least until the third |
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anniversary of the date of the customer's last use of a tanning |
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device. The executive commissioner of the Health and Human |
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Services Commission by rule shall prescribe the form and content of |
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the records. The record shall include: |
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(1) the date and time of the customer's use of a |
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tanning device; |
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(2) the length of time the tanning device was used; |
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(3) any injury or illness resulting from the use of a |
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tanning device; |
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(4) any [parent or guardian consent required under
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Subsection (f) or any] written informed consent statement required |
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to be signed under Subsection (e) [or (g)]; |
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(5) the customer's skin type, as determined by the |
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customer by using the Fitzpatrick scale for classifying a skin |
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type; |
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(6) whether the customer has a family history of skin |
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cancer; and |
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(7) whether the customer has a past medical history of |
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skin cancer. |
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SECTION 2. Section 145.008(g), Health and Safety Code, is |
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repealed. |
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SECTION 3. Notwithstanding Section 145.008(i), Health and |
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Safety Code, as amended by this Act, a tanning facility must |
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maintain a record of the information required under Sections |
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145.008(g) and (i), Health and Safety Code, as that law existed |
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before the effective date of this Act, for a customer younger than |
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18 years old until the third anniversary of the date of the |
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customer's last use of a tanning device. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |