Bill Text: TX SB238 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to registration and safety requirements for flotation tank facilities; authorizing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-07 - Referred to Business & Commerce [SB238 Detail]

Download: Texas-2019-SB238-Introduced.html

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86R1553 KKR-D
By: Nelson S.B. No. 238

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