CHAPTER 145. TANNING FACILITIES - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE G. LICENSES

CHAPTER 145. TANNING FACILITIES

Sec. 145.001. SHORT TITLE. This chapter may be cited as the

Tanning Facility Regulation Act.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991.

Sec. 145.002. DEFINITIONS. In this chapter:

(1) "Authorized agent" means an employee of the department

designated by the commissioner to enforce this chapter.

(2) "Fitzpatrick scale" means 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

(3) "Health authority" has the meaning assigned by Section

121.021.

(4) "Operator" means an owner of a tanning facility or an agent

of an owner of a tanning facility.

(5) "Person" means an individual, partnership, corporation, or

association.

(6) "Phototherapy device" means a piece of equipment that emits

ultraviolet radiation and is used by a health care professional

in the treatment of disease.

(7) "Tanning device" means a device under Section 431.002 and

includes any equipment, including a sunlamp, tanning booth, and

tanning bed, that emits electromagnetic radiation with

wavelengths in the air between 200 and 400 nanometers and is used

for the tanning of human skin. The term also includes any

accompanying equipment, including protective eyewear, timers, and

handrails.

(8) "Tanning facility" means a business that provides persons

access to or use of tanning devices.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 684, Sec. 1, eff. June

15, 1995; Acts 2001, 77th Leg., ch. 473, Sec. 1, eff. Sept. 1,

2001.

Sec. 145.003. EXEMPTION. This chapter does not apply to a

phototherapy device used by or under the supervision of a

licensed physician trained in the use of phototherapy devices.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991.

Sec. 145.004. COMPLIANCE WITH LAW. (a) A tanning device used

by a tanning facility must comply with all applicable federal and

state laws and regulations.

(b) The Texas Department of Health may enforce Chapter 431

against a person who adulterates or misbrands a tanning device.

The department may investigate a person accused of adulterating

or misbranding a tanning device. For the purposes of this

subsection, a tanning device is adulterated or misbranded if the

tanning device would be an adulterated or misbranded device under

Section 431.111 or 431.112, Health and Safety Code.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 684, Sec. 2, eff. June

15, 1995.

Sec. 145.005. CUSTOMER NOTICE; LIABILITY. (a) A tanning

facility shall give each customer a written statement warning

that:

(1) failure to use the eye protection provided to the customer

by the tanning facility may result in damage to the eyes;

(2) overexposure to ultraviolet light causes burns;

(3) repeated exposure may result in premature aging of the skin

and skin cancer;

(4) abnormal skin sensitivity or burning may be caused by

reactions of ultraviolet light to certain:

(A) foods;

(B) cosmetics; or

(C) medications, including:

(i) tranquilizers;

(ii) diuretics;

(iii) antibiotics;

(iv) high blood pressure medicines; or

(v) birth control pills;

(5) any person taking a prescription or over-the-counter drug

should consult a physician before using a tanning device;

(6) a person with skin that always burns easily and never tans

should avoid a tanning device; and

(7) a person with a family or past medical history of skin

cancer should avoid a tanning device.

(b) Compliance with the notice requirement does not affect the

liability of a tanning facility operator or a manufacturer of a

tanning device.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 473, Sec. 2, eff.

Sept. 1, 2001.

Sec. 145.006. WARNING SIGNS. (a) A tanning facility shall post

a warning sign in a conspicuous location where it is readily

visible by persons entering the establishment. The board by rule

shall specify the size, design, and graphic design of the sign.

The sign must have dimensions of at least 11 inches by 17 inches

and must contain the following wording:

Repeated exposure to ultraviolet radiation may cause chronic sun

damage characterized by wrinkling, dryness, fragility, bruising

of the skin, and skin cancer.

DANGER: ULTRAVIOLET RADIATION

Failure to use protective eyewear may result in severe burns or

permanent injury to the eyes.

Medications or cosmetics may increase your sensitivity to

ultraviolet radiation. Consult a physician before using a sunlamp

if you are using medications, have a history of skin problems, or

believe you are especially sensitive to sunlight. Pregnant women

or women taking oral contraceptives who use this product may

develop discolored skin.

A customer may call the Texas Department of Health at (insert

toll-free telephone number) to report an alleged injury regarding

this tanning facility.

IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM USE OF

AN ULTRAVIOLET LAMP OR SUNLAMP.

(b) A tanning facility operator shall also post a warning sign

at each tanning device in a conspicuous location that is readily

visible to a person about to use the device. The board by rule

shall specify the size, design, and graphic design of the sign.

The sign must have dimensions of at least 11 inches by 17 inches

and must contain the following wording:

DANGER: ULTRAVIOLET RADIATION

1. Follow the manufacturer's instructions for use of this device.

2. Avoid too frequent or lengthy exposure. As with natural

sunlight, exposure can cause serious eye and skin injuries and

allergic reactions. Repeated exposure may cause skin cancer.

3. Wear protective eyewear. Failure to use protective eyewear may

result in severe burns or permanent damage to the eyes.

4. Do not sunbathe before or after exposure to ultraviolet

radiation from sunlamps.

5. Medications or cosmetics may increase your sensitivity to

ultraviolet radiation. Consult a physician before using a sunlamp

if you are using medication, have a history of skin problems, or

believe you are especially sensitive to sunlight. Pregnant women

or women using oral contraceptives who use this product may

develop discolored skin.

A customer may call the Texas Department of Health at (insert

toll-free telephone number) to report an alleged injury regarding

this tanning device.

IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM USE OF

THIS DEVICE.

(c) The Texas Department of Health shall include with a license

application and an application for renewal of a license a

description of the design standards required for signs under this

section.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 684, Sec. 3, eff. June

15, 1995; Acts 2001, 77th Leg., ch. 473, Sec. 3, eff. Sept. 1,

2001.

Sec. 145.007. PROHIBITED CLAIMS ABOUT SAFETY. A tanning

facility operator may not claim or distribute promotional

materials that claim that using a tanning device is safe or free

from risk or that using a tanning device will result in medical

or health benefits.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 684, Sec. 4, eff. June

15, 1995.

Sec. 145.008. OPERATIONAL REQUIREMENTS. (a) A tanning facility

shall have an operator present during operating hours. The

operator must:

(1) be sufficiently knowledgeable in the correct operation of

the tanning devices used at the facility;

(2) instruct, inform, and assist each customer in the proper use

of the tanning devices;

(3) complete and maintain records required by this chapter; and

(4) explain or otherwise inform each customer initially using

the tanning facility of:

(A) the potential hazards of and protective measures necessary

for ultraviolet radiation;

(B) the requirement that protective eyewear be worn while using

a tanning device;

(C) the possibility of photosensitivity or of a photoallergic

reaction to certain drugs, medicine, or other agents when a

person is subjected to the sun or ultraviolet radiation;

(D) the correlation between skin type and exposure time;

(E) the maximum exposure time to the facility's devices;

(F) the biological process of tanning; and

(G) the dangers of and the necessity to avoid overexposure to

ultraviolet radiation.

(b) Before each use of a tanning device, the operator shall

provide with each device clean and properly sanitized protective

eyewear that protects the eyes from ultraviolet radiation and

allows adequate vision to maintain balance. The protective

eyewear shall be located in the immediate area of each tanning

device and shall be provided without charge to each user of a

tanning device. The operator may not allow a person to use a

tanning device if that person does not use protective eyewear

that meets the requirements of the United States Food and Drug

Administration. The operator also shall show each customer how to

use suitable physical aids, such as handrails and markings on the

floor, to maintain proper exposure distance as recommended by the

manufacturer of the tanning device.

(c) The tanning facility operator shall clean and properly

sanitize the body contact surfaces of a tanning device after each

use of the tanning device.

(d) The tanning facility shall use a timer with an accuracy of

at least plus or minus 10 percent of the maximum timer interval

of the tanning device. The operator shall limit the exposure time

of a customer on a tanning device to the maximum exposure time

recommended by the manufacturer. A timer shall be located so that

a customer cannot set or reset the customer's exposure time. The

operator shall control the temperature of the customer contact

surfaces of a tanning device and the surrounding area so that it

may not exceed 100 degrees Fahrenheit.

(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 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.

(g) Before any person younger than 18 years of age uses a

tanning facility device for the first time, the person must give

the operator a written informed consent statement signed and

dated by the person and the person's parent or legal guardian

stating that the person and the parent or legal guardian:

(1) have read and understood the advisory statement issued by

the Texas Medical Board, warning of the dangers of indoor and

outdoor tanning and its association with skin cancer, eye damage,

and other health risks, provided by the tanning facility; and

(2) agree that the minor will use protective eyewear at all

times while using the tanning device.

(h) When a tanning device is in use by a person, another person

may not be allowed in the area of the tanning device.

(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.

(j) An operator shall keep an incident log at each tanning

facility. The log shall be maintained at the tanning facility at

least until the third anniversary of the date of an incident. The

board by rule shall prescribe the form and content of the log.

The log shall include each:

(1) alleged injury;

(2) use of a tanning device by a customer not wearing protective

eyewear;

(3) mechanical problem with a tanning device; and

(4) customer complaint.

(k) The Texas Department of Health shall provide to each

applicant for an original or renewal license a written copy of

the Fitzpatrick scale.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 684, Sec. 5, eff. June

15, 1995; Acts 2001, 77th Leg., ch. 473, Sec. 4, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

626, Sec. 1, eff. January 1, 2010.

Sec. 145.009. LICENSES. (a) A person may not operate a tanning

facility unless the person holds a license issued by the

department to operate the facility. Unless revoked or suspended,

a license is valid until the first anniversary of the date the

license was issued. A separate license is required for each

tanning facility.

(b) The license shall be displayed in an open public area of the

tanning facility.

(c) The board annually shall renew licenses after application

for renewal is made on forms provided by the department for this

purpose and after receipt of renewal fees.

(d) The department by rule may adopt a system under which

licenses expire on various dates during the year. As part of this

system the license fees and the annual renewal fees may be

prorated on a monthly basis to reflect the actual number of

months the license is valid.

(e) The department may revoke, suspend, suspend on an emergency

basis, or probate by an emergency order of the commissioner, or

the commissioner's designee a license to operate a tanning

facility for:

(1) a failure to pay a license fee or an annual renewal fee for

a license;

(2) an applicant's acquisition or attempted acquisition of a

license by fraud or deception;

(3) a violation of this chapter;

(4) a violation of a rule of the department adopted under this

chapter; or

(5) a violation of an order issued under this chapter.

(f) A license issued under this chapter shall be returned to the

department if the tanning facility:

(1) ceases to operate as a business permanently;

(2) changes the ownership of the tanning facility;

(3) changes the location of the tanning facility; or

(4) changes the name of the business under which the tanning

facility operates.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 684, Sec. 6, eff. June

15, 1995.

Sec. 145.0095. ISSUANCE OF LICENSE FOR CERTAIN FACILITIES

PROHIBITED. (a) The department may not issue or renew a license

under Section 145.009 with respect to a facility that:

(1) is operated under a license or permit as a sexually oriented

business issued in accordance with Section 243.007, Local

Government Code;

(2) offers, as its primary business, a service or the sale,

rental, or exhibition of a device or other item that is intended

to provide sexual stimulation or sexual gratification to a

customer; or

(3) is owned or operated by a person who has been convicted of

an offense under Chapter 21 or 43, Penal Code, or Section

71.02(a)(3), Penal Code.

(b) The department shall revoke a license issued with respect to

a facility if the license may not be renewed under Subsection

(a).

(c) For purposes of this section, a person has been convicted of

an offense if the person receives community supervision for the

offense after sentence is imposed or after the person enters a

plea of guilty or nolo contendere and is placed on deferred

adjudication.

Added by Acts 1995, 74th Leg., ch. 684, Sec. 7, eff. June 15,

1995.

Sec. 145.0096. CERTAIN ADVERTISING PROHIBITED. (a) A business

described by Section 145.0095(a)(1) or (2) may not use the word

"tan" or "tanning" in a sign or any other form of advertising.

(b) A person commits an offense if the person violates

Subsection (a). Except as provided by Subsection (c), an offense

under this subsection is a Class C misdemeanor.

(c) If it is shown on the trial of an offense under Subsection

(b) that the person has previously been convicted of an offense

under that subsection, the offense is a Class A misdemeanor.

Added by Acts 1995, 74th Leg., ch. 684, Sec. 7, eff. June 15,

1995.

Sec. 145.010. FEES. (a) The board shall collect a fee for:

(1) a license issued or renewed; or

(2) a license that is modified.

(b) The board may charge prorated or annual fees.

(c) The board by rule shall set the fees in amounts that allow

the department to recover not less than 50 percent of the costs

to the department in:

(1) reviewing and acting on a license application;

(2) modifying or renewing a license;

(3) inspecting a licensed facility; and

(4) implementing and enforcing this chapter or rules relating to

this chapter.

(d) The department shall use not less than 50 percent of the

license fees collected for inspecting a licensed facility or

enforcement of this chapter or a rule relating to this chapter.

The remainder of the license fees collected shall be used to

administer this chapter.

(e) A license fee received by the department shall be deposited

in the state treasury to the credit of the food and drug

registration fund. The fees are dedicated to the department for

the administration and enforcement of this chapter.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 684, Sec. 8, eff. June

15, 1995.

Sec. 145.011. RULES; INSPECTION. (a) The board may adopt rules

as necessary to implement this chapter.

(b) The commissioner or an authorized agent may inspect a

tanning facility at any reasonable time to determine compliance

with this chapter.

(c) A person who is required to maintain records under this

chapter or a person in charge of the custody of those records

shall, at the request of an authorized agent or health authority,

permit the authorized agent or health authority access to copy or

verify the records at reasonable times.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 684, Sec. 9, eff. June

15, 1995.

Sec. 145.012. EMERGENCY ORDER. (a) The commissioner or the

commissioner's designee may issue an emergency order relating to

the operation of a tanning facility in the department's

jurisdiction if the commissioner or the commissioner's designee

determines that:

(1) operation of the tanning facility creates or poses an

immediate and serious threat to human life or health; and

(2) other procedures available to the department to remedy or

prevent the threat will result in unreasonable delay.

(b) The commissioner or the commissioner's designee may issue an

emergency order without notice or a hearing if the commissioner

or the designee determines notice or a hearing is not practical

under the circumstances.

(c) If an emergency order is issued without a hearing, the

department shall determine a time and place for a hearing at

which the emergency order is affirmed, modified, or set aside.

The hearing shall be held under rules of the department.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 684, Sec. 10, eff.

June 15, 1995.

Sec. 145.0121. CIVIL PENALTY; INJUNCTION. (a) If it appears

that a person has violated or is violating this chapter or an

order issued or a rule adopted under this chapter, the

commissioner may request the attorney general or the district or

county attorney or the municipal attorney of a municipality in

the jurisdiction where the violation is alleged to have occurred

or may occur to institute a civil suit for:

(1) an order enjoining the violation;

(2) a permanent or temporary injunction, a temporary restraining

order, or other appropriate remedy if the department shows that

the person has engaged in or is engaging in a violation;

(3) the assessment and recovery of a civil penalty; or

(4) both injunctive relief and a civil penalty.

(b) A civil penalty may not exceed $25,000 a day for each

violation. Each day the violation occurs constitutes a separate

violation for the purposes of the assessment of a civil penalty.

(c) In determining the amount of the civil penalty, the court

hearing the matter shall consider:

(1) the person's history of previous violations;

(2) the seriousness of the violation;

(3) the hazard to the health and safety of the public;

(4) the demonstrated good faith of the person charged; and

(5) any other matter as justice may require.

(d) Venue for a suit brought under this section is the

municipality or county in which the violation occurred or in

Travis County.

(e) A civil penalty recovered in a suit instituted by a local

government under this chapter shall be paid to the local

government.

(f) The commissioner or the attorney general may each recover

reasonable expenses incurred in obtaining injunctive relief or a

civil penalty under this section, including investigation and

court costs, reasonable attorney's fees, witness fees, and other

expenses. The expenses recovered by the commissioner under this

section shall be used for the administration and enforcement of

this chapter. The expenses recovered by the attorney general

shall be used by the attorney general.

Added by Acts 1995, 74th Leg., ch. 684, Sec. 11, eff. June 15,

1995.

Sec. 145.0122. ADMINISTRATIVE PENALTY. (a) The board or the

board's designee may impose an administrative penalty against a

person licensed or regulated under this chapter who violates this

chapter or a rule or order adopted under this chapter.

(b) The penalty for a violation may be in an amount not to

exceed $25,000. Each day a violation continues or occurs is a

separate violation for purposes of imposing an administrative

penalty.

(c) The amount of the penalty shall be based on:

(1) the person's history of previous violations;

(2) the seriousness of the violation;

(3) the hazard the violation caused or will cause to the health

and safety of the public;

(4) the demonstrated good faith of the person charged with a

violation; and

(5) any other matter that justice may require.

(d) If the commissioner or the commissioner's designee

determines a violation has occurred, the commissioner or the

commissioner's designee may issue to the board or the board's

designee a report that states the facts on which the

determination is based and the commissioner's or the designee's

recommendation on the imposition of a penalty, including a

recommendation on the amount of the penalty.

(e) Within 14 days after the date the report is issued, the

commissioner or the commissioner's designee shall give written

notice of the report to the person. The notice may be given by

certified mail. The notice must include a brief summary of the

alleged violation and a statement of the amount of the

recommended penalty and must inform the person that the person

has a right to a hearing on the occurrence of the violation, the

amount of the penalty, or both the occurrence of the violation

and the amount of the penalty.

(f) Within 20 days after the date the person receives the

notice, the person in writing may accept the determination and

recommended penalty of the commissioner or the commissioner's

designee or may make a written request for a hearing on the

occurrence of the violation, the amount of the penalty, or both

the occurrence of the violation and the amount of the penalty.

(g) If the person accepts the determination and recommended

penalty of the commissioner or the commissioner's designee, the

board by order shall approve the determination and impose the

recommended penalty.

(h) If the person requests a hearing or fails to respond timely

to the notice, the commissioner or the commissioner's designee

shall set a hearing and give notice of the hearing to the person.

The hearing shall be held by an administrative law judge of the

department. The administrative law judge shall make findings of

fact and conclusions of law and promptly issue to the board a

proposal for a decision about the occurrence of the violation and

the amount of a proposed penalty. Based on the findings of fact,

conclusions of law, and proposal for a decision, the board by

order may find that a violation has occurred and impose a penalty

or may find that no violation occurred.

(i) The notice of the board's order given to the person under

Chapter 2001, Government Code, must include a statement of the

right of the person to judicial review of the order.

(j) Within 30 days after the date the board's order becomes

final as provided by Section 2001.144, Government Code, the

person shall:

(1) pay the amount of the penalty;

(2) pay the amount of the penalty and file a petition for

judicial review contesting the occurrence of the violation, the

amount of the penalty, or both the occurrence of the violation

and the amount of the penalty; or

(3) without paying the amount of the penalty, file a petition

for judicial review in a district court in Travis County

contesting the occurrence of the violation, the amount of the

penalty, or both the occurrence of the violation and the amount

of the penalty.

(k) Within the 30-day period, a person who acts under Subsection

(j)(3) may:

(1) stay enforcement of the penalty by:

(A) paying the amount of the penalty to the court for placement

in an escrow account; or

(B) giving to the court a supersedeas bond that is approved by

the court for the amount of the penalty and that is effective

until all judicial review of the board's order is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the amount

of the penalty and is financially unable to give the supersedeas

bond; and

(B) giving a copy of the affidavit to the commissioner by

certified mail.

(l) If the commissioner receives a copy of an affidavit under

Subsection (k)(2), the commissioner may file with the court, not

later than the fifth day after the date the copy is received, a

contest to the affidavit. The court shall hold a hearing on the

facts alleged in the affidavit as soon as practicable and shall

stay the enforcement of the penalty on finding that the alleged

facts are true. The person who files an affidavit has the burden

of proving that the person is financially unable to pay the

amount of the penalty and give a supersedeas bond.

(m) If the person does not pay the amount of the penalty and the

enforcement of the penalty is not stayed, the commissioner may

refer the matter to the attorney general for collection of the

amount of the penalty.

(n) Judicial review of the order of the board:

(1) is instituted by filing a petition as provided by Subchapter

G, Chapter 2001, Government Code; and

(2) is under the substantial evidence rule.

(o) If the court sustains the occurrence of the violation, the

court may uphold or reduce the amount of the penalty and order

the person to pay the full or reduced amount of the penalty. If

the court does not sustain the occurrence of the violation, the

court shall order that no penalty is owed.

(p) When the judgment of the court becomes final, the court

shall proceed under this subsection. If the person paid the

amount of the penalty and if that amount is reduced or is not

upheld by the court, the court shall order that the appropriate

amount plus accrued interest be remitted to the person. The rate

of the interest is the rate charged on loans to depository

institutions by the New York Federal Reserve Bank, and the

interest shall be paid for the period beginning on the date the

penalty was paid and ending on the date the penalty is remitted.

If the person gave a supersedeas bond and if the amount of the

penalty is not upheld by the court, the court shall order the

release of the bond. If the person gave a supersedeas bond and if

the amount of the penalty is reduced, the court shall order the

release of the bond after the person pays the amount.

(q) A penalty collected under this section shall be remitted to

the comptroller for deposit in the general revenue fund.

(r) All proceedings under this section are subject to Chapter

2001, Government Code.

Added by Acts 1995, 74th Leg., ch. 684, Sec. 11, eff. June 15,

1995.

Sec. 145.013. CRIMINAL PENALTY. (a) A person, other than a

customer, commits an offense if the person violates this chapter

or a rule adopted under this chapter.

(b) An offense under this chapter is a Class A misdemeanor.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 684, Sec. 12, eff.

June 15, 1995.

Sec. 145.015. TOLL-FREE NUMBER. The department shall maintain a

toll-free telephone number that a customer may call to report an

alleged injury regarding a tanning device or incurred at a

tanning facility.

Added by Acts 2001, 77th Leg., ch. 473, Sec. 5, eff. Sept. 1,

2001.

Sec. 145.016. DISCLOSURE OF RECORD PROHIBITED; EXCEPTION. (a)

Except as provided by Subsection (b), an operator or other person

may not disclose a customer record required by Section

145.008(i).

(b) An operator or other person may disclose a customer record:

(1) if the customer, or a person authorized to act on behalf of

the customer, requests the record;

(2) if the commissioner or an authorized agent or health

authority requests the record under Section 145.011;

(3) if the customer consents in writing to the disclosure to

another person;

(4) in a criminal proceeding in which the customer is a victim,

witness, or defendant;

(5) if the record is requested in a criminal or civil proceeding

by court order or subpoena; or

(6) as otherwise required by law.

Added by Acts 2001, 77th Leg., ch. 473, Sec. 6, eff. Sept. 1,

2001.