HBA-NMO H.B. 1155 76(R) BILL ANALYSIS
Office of House Bill AnalysisH.B. 1155
By: Lewis, Ron
Public Health
4/12/1999
Introduced
BACKGROUND AND PURPOSE
Current law regulates tanning facilities through the Texas Department of
Health. Tanning facilities must obtain license, post certain warning
signs, require parental consent of customers under 18 years of age, and
maintain certain records. H.B. 1155 requires a tanning facility to post
additional warning information, prohibits a tanning facility from allowing
a person younger than 18 year of age to use a tanning device, and requires
a tanning facility to maintain additional customer and incident
information. This bill also requires the Texas Department of Health to
conduct a public education program on the dangers of tanning and to
maintain a toll-free tanning injury hotline.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 3
(Section 145.006, Health and Safety Code), SECTION 4 (Section 145.008,
Health and Safety Code), and SECTION 5 (Section 145.010, Health and Safety
Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 145.002, Health and Safety Code, to define the
"Fitzpatrick scale" as the following scale for classifying a skin type,
based on the skin's reaction to the first 10 to 45 minutes of sun exposure
after the winter season:
Skin Type Sunburning and Tanning History
1 Always burns easily; never tans
2 Always burns easily; tans minimally
3 Burns moderately; tans gradually
4 Burns minimally; always tans well
5 Rarely burns; tans profusely
6 Never burns; deeply pigmented.
Makes conforming changes.
SECTION 2. Amends Section 145.005(a), Health and Safety Code, to require a
tanning facility to give each customer a written statement warning, among
other things, that a person with pale eyes or very fair skin that always
burns and never tans should avoid a tanning device and that a person with a
family or past medical history of skin cancer should avoid a tanning
device.
SECTION 3. Section 145.006, Health and Safety Code, to add the statement "A
customer may call the Texas Department of Health at (insert toll-free
telephone number) to report an injury regarding this tanning facility" to
the warning sign that a tanning facility is required to post in a
conspicuous place. Adds the statement "A customer may call the Texas
Department of Health at (insert toll-free telephone number) to report an
injury regarding this tanning device" to the warning sign that a tanning
facility operator is required to post at each tanning device. Requires an
operator to post three color photographs on or near each warning sign
required by this section. Provides that the first photograph must show the
magnified lesions of a person with basal cell carcinoma. Provides that the
second photograph must show the magnified lesions of a person with squamous
cell carcinoma. Provides that the third photograph must show the magnified
lesions of a person with malignant melanoma. Requires the Texas Board of
Health (board), by rule, to describe each photograph, the posting
requirements for the photographs, and how an operator may obtain copies of
photographs for compliance with this subsection.
SECTION 4. Amends Section 145.008, Health and Safety Code, by amending
Subsections (e), (f), and (h) and adding Subsections (i) and (j) to read as
follows:
(e) Provides that a person, who is 18 years of age or older, before the
person uses a tanning facility's tanning device, rather than a tanning
facility device, for the first time and each time a person executes or
renews a contract to use a tanning facility, rather than device, must
provide photo identification, in addition to signing a particular written
statement.
(f) Prohibits a tanning facility from allowing a person younger than 18
years of age to use a tanning device, rather than providing that a person
younger than 18 years must give written parental consent before using a
tanning facility device.
(h) Includes the customer's eye color; the customer's skin type, as
determined by the customer by using the Fitzpatrick scale for classifying a
skin type; whether the customer has a family history of skin cancer; and
whether the customer has a past medical history of skin cancer among the
required information of each customer that a tanning facility is required
maintain.
(i) Requires an operator to keep an incident log at each tanning facility.
Requires that the log be maintained at the tanning facility at least until
the third anniversary of the date of an incident. Requires the board, by
rule, to prescribe the form and content of the log. Sets forth the required
composition of the log.
(j) Requires the Texas Department of Health (TDH) to provide each
applicant for an original or renewal license a written copy of the
Fitzpatrick scale.
SECTION 5. Amends Section 145.010, Health and Safety Code, by adding
Subsection (f), as follows:
(f) Requires the board, by rule, to increase the license fee collected
under this section to allow TDH to recover its costs in implementing the
program required by Section 145.014.
SECTION 6. Amends Chapter 145, Health and Safety Code, by adding Section
145.014, as follows:
Sec. 145.014. PUBLIC EDUCATION. (a) Requires TDH to conduct an education
program to inform the public about the dangers of tanning. Authorizes TDH
to accept a gift, grant, or donation to be used in administering this
section.
SECTION 7. Amends Chapter 145, Health and Safety Code, by adding Section
145.015, as follows:
Sec. 145.015. TOLL-FREE NUMBER. Requires TDH to maintain a toll-free
telephone number that a customer may call to report an injury regarding a
tanning device or incurred at a tanning facility.
SECTION 8. (a) This Act takes effect September 1, 1999.
(b) Requires TDH, not later than November 1, 1999, to adopt the rules
required by Sections 145.006, 145.008, and 145.010, Health and Safety Code,
and to implement the toll-free number required by Section 145.015, Health
and Safety Code.
(c) Provides that a tanning facility or operator is not required to post
the warning signs and photographs required by Section 145.006, Health and
Safety Code, until December 1, 1999.
SECTION 9. Emergency clause.