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A BILL TO BE ENTITLED
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AN ACT
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relating to registration and safety requirements for flotation tank |
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facilities; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 769 to read as follows: |
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CHAPTER 769. FLOTATION TANK FACILITIES |
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Sec. 769.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(3) "Flotation tank" means a lightless, soundproof |
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tank filled with salt water maintained at or near body temperature |
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in which an individual floats without tactile, auditory, or visual |
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cues. The term includes an isolation tank and a sensory deprivation |
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tank. |
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(4) "Flotation tank facility" means a business that |
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provides flotation tank services to the public for a fee. |
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Sec. 769.002. CERTIFICATE OF REGISTRATION REQUIRED. A |
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person may not operate a flotation tank facility unless the person |
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holds a certificate of registration issued by the department under |
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this chapter. |
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Sec. 769.003. TERM. A flotation tank facility certificate |
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of registration expires on the first anniversary of the date of |
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issuance. |
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Sec. 769.004. CERTIFICATE POSTING. A person who holds a |
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certificate of registration for a flotation tank facility shall |
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post the certificate in a conspicuous place at each location |
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operated by the certificate holder. |
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Sec. 769.005. EXEMPTION FROM REGISTRATION REQUIREMENT. A |
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person who holds a certificate of registration issued for a |
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facility under Chapter 702, Occupations Code, is exempt from the |
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registration requirement under this chapter for that facility. |
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Sec. 769.006. CHANGE OF INFORMATION. If the information |
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provided in an application for a certificate of registration |
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changes, the certificate holder shall amend the application not |
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later than the 90th day after the date the change occurs. |
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Sec. 769.007. FIRST AID AND CARDIOPULMONARY RESUSCITATION |
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CERTIFICATION REQUIRED. (a) A person that holds a flotation tank |
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facility certificate of registration shall ensure that each |
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employee of the facility holds a current certification in first aid |
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and cardiopulmonary resuscitation issued by the American Red Cross, |
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the American Heart Association, or another organization that |
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provides equivalent training and certification. |
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(b) A person that operates a flotation tank facility shall |
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submit to the department with each initial or renewal application |
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for a certificate of registration satisfactory evidence of |
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compliance with this section. |
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Sec. 769.008. RULES; FEES. (a) The commission shall adopt |
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rules to implement this chapter and protect the public health, |
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including rules on: |
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(1) the form and manner for applying for or renewing a |
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flotation tank facility certificate of registration; |
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(2) standards for flotation tanks and flotation tank |
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facilities; |
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(3) the manner of filing complaints; and |
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(4) any inspections the commission considers |
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necessary. |
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(b) The department may charge an applicant for the issuance |
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or renewal of a flotation tank facility certificate of registration |
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a reasonable fee to cover the cost of issuance or renewal of the |
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certificate. |
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SECTION 2. Not later than December 1, 2019, the Texas |
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Commission of Licensing and Regulation shall adopt rules required |
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by Section 769.008, Health and Safety Code, as added by this Act. |
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The commission may adopt the initial rules in the manner provided by |
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law for emergency rules. |
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SECTION 3. Notwithstanding Chapter 769, Health and Safety |
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Code, as added by this Act, a person is not required to comply with |
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that chapter until January 1, 2020. |
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SECTION 4. This Act takes effect September 1, 2019. |