Texas 2013 - 83rd Regular

Texas Senate Bill SB329 Compare Versions

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1	1	By: Huffman, et al. S.B. No. 329
2	2	(Zerwas)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition on the use of a tanning facility by a
8	8	minor.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsections (e), (f), and (i), Section 145.008,
11	11	Health and Safety Code, are amended to read as follows:
12	12	(e) Before a customer [who is 18 years of age or older] uses
13	13	a tanning facility's tanning device for the first time and each time
14	14	a person executes or renews a contract to use a tanning facility,
15	15	the person must provide photo identification and sign a written
16	16	statement acknowledging that the person has read and understood the
17	17	required warnings before using the device and agrees to use
18	18	protective eyewear.
19	19	(f) To ensure the proper operation of the tanning equipment,
20	20	a tanning facility may not allow[:
21	21	[(1)] a person younger than 18 [16.5] years of age to
22	22	use a tanning device[; and
23	23	[(2) a person younger than 18 years of age to use a
24	24	tanning device unless the person's parent or legal guardian, in
25	25	person at the facility, consents in writing for the person to use
26	26	the device, which may be revoked at any time].
27	27	(i) A record of each customer using a tanning device shall
28	28	be maintained at the tanning facility at least until the third
29	29	anniversary of the date of the customer's last use of a tanning
30	30	device. The executive commissioner of the Health and Human
31	31	Services Commission by rule shall prescribe the form and content of
32	32	the records. The record shall include:
33	33	(1) the date and time of the customer's use of a
34	34	tanning device;
35	35	(2) the length of time the tanning device was used;
36	36	(3) any injury or illness resulting from the use of a
37	37	tanning device;
38	38	(4) any [parent or guardian consent required under
39	39	Subsection (f) or any] written informed consent statement required
40	40	to be signed under Subsection (e) [or (g)];
41	41	(5) the customer's skin type, as determined by the
42	42	customer by using the Fitzpatrick scale for classifying a skin
43	43	type;
44	44	(6) whether the customer has a family history of skin
45	45	cancer; and
46	46	(7) whether the customer has a past medical history of
47	47	skin cancer.
48	48	SECTION 2. Subsection (g), Section 145.008, Health and
49	49	Safety Code, is repealed.
50	50	SECTION 3. Notwithstanding Subsection (i), Section
51	51	145.008, Health and Safety Code, as amended by this Act, a tanning
52	52	facility must maintain a record of the information required under
53	53	Subsections (g) and (i), Section 145.008, Health and Safety Code,
54	54	as that law existed before the effective date of this Act, for a
55	55	customer younger than 18 years old until the third anniversary of
56	56	the date of the customer's last use of a tanning device.
57	57	SECTION 4. The change in law made by this Act applies only
58	58	to an offense committed on or after the effective date of this Act.
59	59	An offense committed before the effective date of this Act is
60	60	governed by the law in effect when the offense was committed, and
61	61	the former law is continued in effect for that purpose. For
62	62	purposes of this section, an offense was committed before the
63	63	effective date of this Act if any element of the offense occurred
64	64	before that date.
65	65	SECTION 5. This Act takes effect September 1, 2013.