Bill Text: TX SB329 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a prohibition on the use of a tanning facility by a minor.

Status: (Enrolled) 2013-06-14 - Effective on 9/1/13 [SB329 Detail]

Download: Texas-2013-SB329-Introduced.html
  83R2278 KKR-D
 
  By: Huffman 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.  Sections 145.008(e), (f), and (i), 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.  Section 145.008(g), Health and Safety Code, is
  repealed.
         SECTION 3.  Notwithstanding Section 145.008(i), Health and
  Safety Code, as amended by this Act, a tanning facility must
  maintain a record of the information required under Sections
  145.008(g) and (i), 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.
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