Texas 2009 - 81st Regular

Texas Senate Bill SB1702 Compare Versions

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1	1	By: Fraser S.B. No. 1702
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of health spas.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 702.155, Occupations Code, is amended to
9	9	read as follows:
10	10	Sec. 702.155. DURATION OF SECURITY. A certificate holder
11	11	shall maintain the security filed or posted under Section 702.151
12	12	in effect until the earlier [later] of:
13	13	(1) the second anniversary of the date the certificate
14	14	holder's health spa closes; or
15	15	(2) the date the secretary of state determines that
16	16	each claim filed against the security has been satisfied or
17	17	foreclosed by law.
18	18	SECTION 2. Subsection (b), Section 702.156, Occupations
19	19	Code, is amended to read as follows:
20	20	(b) If the security filed or posted under this subchapter by
21	21	a certificate holder is canceled, the secretary of state shall:
22	22	(1) suspend the certificate holder's certificate of
23	23	registration on the date of cancellation; and
24	24	(2) maintain other security on file with the secretary
25	25	until the earlier [later] of:
26	26	(A) the second anniversary of the date the
27	27	certificate holder's health spa closes; or
28	28	(B) the date the secretary determines that each
29	29	claim filed against the security has been satisfied or foreclosed
30	30	by law.
31	31	SECTION 3. Section 702.251, Occupations Code, is amended to
32	32	read as follows:
33	33	Sec. 702.251. FILING OF SECURITY CLAIM. A member may file a
34	34	claim against the security filed or posted under this subchapter by
35	35	providing [sending] to the secretary of state [by certified mail] a
36	36	copy of the contract between the member and certificate holder who
37	37	filed or posted the security, accompanied by proof of payment made
38	38	under the contract, if the certificate holder's health spa:
39	39	(1) closes and fails to provide alternative facilities
40	40	not more than 10 miles from the location of the health spa; or
41	41	(2) relocates more than 10 miles from its location
42	42	preceding the relocation.
43	43	SECTION 4. Subsection (a), Section 702.304, Occupations
44	44	Code, is amended to read as follows:
45	45	(a) Except as provided by Subsection (b), a contract must
46	46	state in at least 10-point type that is boldfaced, capitalized,
47	47	underlined, or otherwise conspicuously distinguished from
48	48	surrounding written material:
49	49	(1) "NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT
50	50	UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES."
51	51	(2) "IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER
52	52	OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE
53	53	HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU
54	54	SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS
55	55	CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO
56	56	THE FOLLOWING ADDRESS:
57	57	(Address of the health spa home office)."
58	58	(3) "IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES
59	59	NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU
60	60	ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE
61	61	FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:
62	62	(A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED
63	63	MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT,
64	64	ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT
65	65	THE FOLLOWING ADDRESS:
66	66	(Address of the health spa home office); AND
67	67	(B) FILE A WRITTEN NOTICE OF A CLAIM FOR A REFUND
68	68	OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY
69	69	POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE
70	70	A CLAIM AGAINST THE SECURITY SEND A COPY OF YOUR CONTRACT TOGETHER
71	71	WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY
72	72	OF STATE. [THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO
73	73	THE FOLLOWING ADDRESS:
74	74	[OFFICE OF THE SECRETARY OF STATE
75	75	[STATUTORY DOCUMENTS SECTION
76	76	[P.O. BOX 12887
77	77	[AUSTIN, TEXAS 78711-2887.]"
78	78	(4) "IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY
79	79	DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR
80	80	ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR
81	81	UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING
82	82	YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE
83	83	PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY
84	84	CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
85	85	(Address of the health spa home office)."
86	86	SECTION 5. Subsection (a), Section 702.452, Occupations
87	87	Code, is amended to read as follows:
88	88	(a) At least 30 days before the date a health spa is
89	89	scheduled to close or relocate, the certificate holder shall
90	90	contemporaneously:
91	91	(1) post, inside and outside each entrance to the
92	92	health spa, a notice stating:
93	93	(A) the date the health spa is scheduled to close
94	94	or relocate;
95	95	(B) that a member of the health spa may, not later
96	96	than the 90th day after the date the notice is first posted [health
97	97	spa closes or relocates], file with the secretary of state a claim
98	98	to recover actual financial loss suffered by the member as a result
99	99	of the health spa closing; and
100	100	(C) the procedures for perfecting a security
101	101	claim; and
102	102	(2) notify the secretary of state in writing of the
103	103	health spa closing or relocation and the date that the notice was
104	104	first posted.
105	105	SECTION 6. The changes in law made by this Act to Section
106	106	702.251, Occupations Code, and Subsection (a), Section 702.304, and
107	107	Subsection (a), Section 702.452, Occupations Code, apply only to a
108	108	contract that is entered into on or after the effective date of this
109	109	Act. A contract entered into before the effective date of this Act
110	110	is governed by the law in effect immediately before that date, and
111	111	the former law is continued in effect for that purpose.
112	112	SECTION 7. This Act takes effect September 1, 2009.