By: Huffman, Garcia S.B. No. 329
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the use of a tanning facility by a
minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (e), (f), and (i), Section 145.008,
Health and Safety Code, are amended to read as follows:
(e) Before a customer [who is 18 years of age or older] uses
a tanning facility's tanning device for the first time and each time
a person executes or renews a contract to use a tanning facility,
the person must provide photo identification and sign a written
statement acknowledging that the person has read and understood the
required warnings before using the device and agrees to use
protective eyewear.
(f) To ensure the proper operation of the tanning equipment,
a tanning facility may not allow[:
[(1)] a person younger than 18 [16.5] years of age to
use a tanning device[; and
[(2) a person younger than 18 years of age to use a
tanning device unless the person's parent or legal guardian, in
person at the facility, consents in writing for the person to use
the device, which may be revoked at any time].
(i) A record of each customer using a tanning device shall
be maintained at the tanning facility at least until the third
anniversary of the date of the customer's last use of a tanning
device. The executive commissioner of the Health and Human
Services Commission by rule shall prescribe the form and content of
the records. The record shall include:
(1) the date and time of the customer's use of a
tanning device;
(2) the length of time the tanning device was used;
(3) any injury or illness resulting from the use of a
tanning device;
(4) any [parent or guardian consent required under
Subsection (f) or any] written informed consent statement required
to be signed under Subsection (e) [or (g)];
(5) the customer's skin type, as determined by the
customer by using the Fitzpatrick scale for classifying a skin
type;
(6) whether the customer has a family history of skin
cancer; and
(7) whether the customer has a past medical history of
skin cancer.
SECTION 2. Subsection (g), Section 145.008, Health and
Safety Code, is repealed.
SECTION 3. Notwithstanding Subsection (i), Section
145.008, Health and Safety Code, as amended by this Act, a tanning
facility must maintain a record of the information required under
Subsections (g) and (i), Section 145.008, Health and Safety Code,
as that law existed before the effective date of this Act, for a
customer younger than 18 years old until the third anniversary of
the date of the customer's last use of a tanning device.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2013.