reglab/housing_qa huggingface dataset:
TX Occ Code § 702.302 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter G. Contract Requirements|Section 702.302. Disclosure Requirements

Sec. 702.302.  DISCLOSURE REQUIREMENTS.  (a)  A health spa shall prepare a comprehensive list that includes each membership plan the health spa offers for sale.  The health spa shall disclose the list to a prospective purchaser on request.(b)  A certificate holder who is not exempt under Section 702.202 from the security requirements of Subchapter D must deliver to a purchaser a complete copy of the contract, accompanied by a written receipt for any payment made by the purchaser under the contract before entering into the contract with the purchaser.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.303 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter G. Contract Requirements|Section 702.303. Contract Term

Sec. 702.303.  CONTRACT TERM.  (a)  Except as provided by Subsection (b), the term of a contract may not exceed three years.(b)  A contract that is financed through a retail installment contract or note may not require the purchaser to make payments or finance the contract for more than five years after the contract date.(c)  If, after a health spa opens, the health spa is rendered unusable for 30 consecutive days or longer because of an event beyond the control of the owner or operator of the health spa, including a natural disaster, the health spa shall extend the term of each affected member's contract for a period equal to the time that the health spa is rendered unusable.(d)  If the term of a contract overlaps the term of another contract between the same seller and purchaser, the contracts are considered to be one contract.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.304 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter G. Contract Requirements|Section 702.304. Cancellation and Refund Notice

Sec. 702.304.  CANCELLATION AND REFUND NOTICE.  (a)  Except as provided by Subsection (b), a contract must state in at least 10-point type that is boldfaced, capitalized, underlined, or otherwise conspicuously distinguished from surrounding written material:(1)  "NOTICE TO PURCHASER:  DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES."(2)  "IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT.  THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:(Address of the health spa home office)."(3)  "IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:(A)  CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS:(Address of the health spa home office); AND(B)  FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE.  TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE.  THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE."(4)  "IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT.  THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH.  THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:(Address of the health spa home office)."(b)  A health spa operator is required to include the statement under Subsection (a)(3)(B) in a contract only if the operator is required to post security with the secretary of state under Subchapter D.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 908 (H.B. 135), Sec. 6, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1340 (S.B. 1231), Sec. 6, eff. September 1, 2011.|
TX Occ Code § 702.305 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter G. Contract Requirements|Section 702.305. Prepayment Refund Notice

Sec. 702.305.  PREPAYMENT REFUND NOTICE.  If a certificate holder offers for sale, or sells, memberships in a health spa before the date the health spa opens, the contract for the health spa must state in at least 10-point type that is boldfaced, capitalized, underlined, or otherwise conspicuously distinguished from surrounding written material:"IF THE HEALTH SPA DOES NOT OPEN BEFORE (insert:  the date that is the 181st day after the date the membership is prepaid) OR IF THE NEW SPA DOES NOT REMAIN OPEN FOR THIRTY DAYS, YOU ARE ENTITLED TO A FULL REFUND OF THE MONEY YOU PREPAID. HOWEVER, IF ANOTHER HEALTH SPA, OPERATED BY (insert:  the name of the health spa registration holder), IS LOCATED WITHIN 10 MILES OF (insert:  the address of the proposed location of the new spa) AND IF YOU ARE AUTHORIZED TO USE THE OTHER FACILITIES, YOU ARE ENTITLED TO RECEIVE A FULL REFUND OF YOUR MEMBERSHIP FEES ONLY IF THIS LOCATION DOES NOT FULLY OPEN FOR BUSINESS BEFORE (insert:  the date that is the 361st day after the date the new spa first sells memberships) OR IF THE NEW SPA DOES NOT REMAIN OPEN FOR 30 DAYS."|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.306 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter G. Contract Requirements|Section 702.306. Finance Charge Notice

Sec. 702.306.  FINANCE CHARGE NOTICE.  A contract that contains a finance charge as defined by the Truth in Lending Act (15 U.S.C. Section 1601 et seq.) or Regulation Z (12 C.F.R. Part 226) must state in at least 10-point type that is boldfaced, capitalized, underlined, or otherwise conspicuously distinguished from surrounding written material:"ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER."|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.307 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter G. Contract Requirements|Section 702.307. Cancellation of Contract for Full Refund

Sec. 702.307.  CANCELLATION OF CONTRACT FOR FULL REFUND.  (a)  A member may cancel a contract and receive a full refund of the payments made under the contract by sending, not later than midnight of the third business day after the contract date, written notice of cancellation, accompanied by proof of payment made under the contract, by certified mail to the certificate holder's home office.(b)  A certificate holder who receives notice under Subsection (a) shall refund the payments made under the contract not later than the 30th day after the date notice is received.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.308 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter G. Contract Requirements|Section 702.308. Cancellation of Contract for Partial Refund

Sec. 702.308.  CANCELLATION OF CONTRACT FOR PARTIAL REFUND.  (a)  A member may cancel a contract and receive a refund of unearned payments made under the contract by sending written notice of cancellation, accompanied by proof of payment made under the contract, by certified mail to the certificate holder's home office if the certificate holder:(1)  closes the health spa and fails to provide alternative facilities not more than 10 miles from the location of the health spa;(2)  relocates the health spa more than 10 miles from its location preceding the relocation;  or(3)  fails to provide advertised services.(b)  A member who dies or becomes totally and permanently disabled after the date a contract is entered into, or the member's estate, may cancel the contract and receive a refund of the unearned payments made under the contract by sending written notice of cancellation by certified mail to the certificate holder's home office.  The certificate holder may require the member, or the member's estate, to provide reasonable proof of the member's death or disability.(c)  A certificate holder who receives notice under Subsection (a) or (b) shall refund the unearned payments made under the contract to the member, or the member's estate, as appropriate, not later that the 30th day after the date notice is received.(d)  In this section, the unearned payments are computed in the same manner as a member's actual financial loss is computed under Section 702.252, except that the date a contract is canceled is substituted for the date a health spa closes or relocates.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.309 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter G. Contract Requirements|Section 702.309. Proof of Payment

Sec. 702.309.  PROOF OF PAYMENT.  A receipt given to a purchaser by a health spa when the purchaser makes a payment under a contract constitutes proof of the payment.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.310 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter G. Contract Requirements|Section 702.310. Effect of Contract on Third-Party Rights

Sec. 702.310.  EFFECT OF CONTRACT ON THIRD-PARTY RIGHTS.  A contract may not require the purchaser to execute a note or series of notes if separate negotiation of the notes cuts off as to third parties a right of action or defense that the purchaser may assert against the seller.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.311 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter G. Contract Requirements|Section 702.311. Void Contract

Sec. 702.311.  VOID CONTRACT.  A contract is void if:(1)  the contract or an assignment of the contract does not comply with this chapter;(2)  the seller does not hold a certificate of registration issued under this chapter at the time of contract;  or(3)  the purchaser enters into the contract in reliance on false, fraudulent, or misleading information wilfully provided by, or a false, fraudulent, or misleading representation, notice, or advertisement wilfully made by, the seller or the health spa owner or operator.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.351 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter H. Prepayments and Escrow|Section 702.351. Membership Prepayment

Sec. 702.351.  MEMBERSHIP PREPAYMENT.  A certificate holder may offer for sale, or sell, a membership in a health spa before the date the health spa opens.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.352 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter H. Prepayments and Escrow|Section 702.352. Escrow Deposit Required

Sec. 702.352.  ESCROW DEPOSIT REQUIRED.  (a)  A certificate holder or an assignee or agent of a certificate holder who accepts a prepayment for a membership in the certificate holder's health spa shall deposit the prepayment in an escrow account established with a financial institution insured by the Federal Deposit Insurance Corporation.(b)  A person required to make a deposit under Subsection (a) shall:(1)  not later than the 14th day after the date the person first accepts a prepayment:(A)  deposit the prepayments received;  and(B)  submit to the secretary of state:(i)  a notarized statement that identifies the financial institution and the name in which the escrow account is held;  and(ii)  a signed statement on a form approved by the secretary of state that authorizes the secretary to direct inquiries to the financial institution regarding the escrow account;  and(2)  after the first deposit is made under this section, deposit subsequent prepayments not less frequently than biweekly.(c)  A certificate holder shall maintain an escrow account under this section until the 30th day after the date the certificate holder's health spa opens.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.353 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter H. Prepayments and Escrow|Section 702.353. Exemption From Escrow Requirement

Sec. 702.353.  EXEMPTION FROM ESCROW REQUIREMENT.  (a)  A certificate holder is not required to deposit prepayments in an escrow account under Section 702.352 if:(1)  the certificate holder has operated at least one health spa in the state for not less than two years before the date the certificate holder first sells a membership in the health spa that is the subject of the exemption;  and(2)  except as provided by Subsection (b):(A)  litigation has not been initiated against the certificate holder by a member of a health spa owned or operated by the certificate holder relating to the closing of the health spa or the failure of the health spa to open;  and(B)  a member of a health spa has not filed a complaint with a governmental authority in this state against the certificate holder, or an owner, officer, or director of a health spa owned or operated by the certificate holder, relating to the closing of the health spa or the failure of the health spa to open.(b)  The initiation of litigation or filing of a complaint against a certificate holder, or an owner, officer, or director of a health spa owned or operated by the certificate holder, does not preclude the certificate holder from claiming an exemption under Subsection (a) if the basis of the litigation or complaint is that the certificate holder's health spa closed:(1)  as a result of a natural disaster and the closing did not exceed one month;  or(2)  to relocate the health spa to a location not more than 10 miles from its location preceding the relocation and the closing did not exceed one month.(c)  The number of exemptions that a certificate holder may claim under Subsection (a) during a two-year period may not exceed twice the number of health spas operated by the certificate holder on the first day of that two-year period.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.354 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter H. Prepayments and Escrow|Section 702.354. Duty of Financial Institution

Sec. 702.354.  DUTY OF FINANCIAL INSTITUTION.  A financial institution in which an escrow account is established under Section 702.352 shall hold each prepayment in the account as escrow agent for the benefit of the member who made the prepayments.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.355 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter H. Prepayments and Escrow|Section 702.355. Refund of Escrowed Prepayment

Sec. 702.355.  REFUND OF ESCROWED PREPAYMENT.  (a)  Except as provided by Subsection (b), a member is entitled to receive a full refund of the prepayment made under a contract if the health spa that is the subject of the contract does not open before the 181st day after the date the health spa first sells a membership in the health spa or does not remain open for at least 30 days unless:(1)  an alternative health spa operated by the seller is located not more than 10 miles from the location of the health spa that is the subject of the contract;  and(2)  the member is authorized to use the facilities of the alternative health spa.(b)  A member who is authorized to use the facilities of an alternative health spa under Subsection (a) is entitled to receive a full refund of the prepayment made under the contract if the health spa that is the subject of the contract does not open before the 361st day after the date the health spa first sells a membership in the health spa or does not remain open for at least 30 days.(c)  For purposes of this section, the date a health spa opens does not depend on whether the services of the health spa that were advertised before the opening, or promised to be made available, are included in the contract.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.356 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter H. Prepayments and Escrow|Section 702.356. Withdrawal of Escrow Funds

Sec. 702.356.  WITHDRAWAL OF ESCROW FUNDS.  A certificate holder may withdraw prepayments deposited in an escrow account under Section 702.352 if:(1)  the health spa for which the prepayments are made remains open for not less than 30 days;(2)  the certificate holder files with the secretary of state an affidavit certifying that all obligations of the health spa for which a lien may be claimed under Chapter 53, Property Code, have been paid;  and(3)  no person is eligible to claim a lien under Chapter 53, Property Code, during the period the certificate holder or an assignee or agent of the certificate holder accepts prepayments for memberships in the certificate holder's health spa.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.401 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter I. Prohibited Practices|Section 702.401. Waiver Prohibited

Sec. 702.401.  WAIVER PROHIBITED.  A person, including a person who buys a health spa membership from a former member, may not waive a provision of this chapter by contract or other means.  A purported waiver of this chapter is void.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.402 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter I. Prohibited Practices|Section 702.402. Prohibited Acts

Sec. 702.402.  PROHIBITED ACTS.  (a)  A seller or certificate holder may not:(1)  offer a special offer or discount to fewer than all prospective members of the health spa, except that a seller or certificate holder may offer a special group price or discount;  or(2)  make a material misrepresentation to a member, prospective member, or purchaser regarding:(A)  the qualifications of the health spa staff;(B)  the availability, quality, or extent of the facilities or services of the health spa;(C)  the results obtained through exercise, diet, weight control, or physical fitness conditioning programs;(D)  membership rights;  or(E)  the period during which a special offer or discount will be available.(b)  A certificate holder may not:(1)  fail or refuse to:(A)  file or amend an application for registration as required by Subchapter C;(B)  file or post, or maintain, the security required by Subchapter D;  or(C)  deposit prepayments in an escrow account as required by Subchapter H;(2)  advertise that the certificate holder is bonded by the state;  or(3)  sell a membership plan that is not included in the list required by Section 702.302(a).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.403 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter I. Prohibited Practices|Section 702.403. Application of Deceptive Trade Practices Act

Sec. 702.403.  APPLICATION OF DECEPTIVE TRADE PRACTICES ACT.  (a)  A person who violates this chapter commits a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code.(b)  A public or private right or remedy under Chapter 17, Business & Commerce Code, may be used to enforce this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 702.404 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter I. Prohibited Practices|Section 702.404. Information Required in Advertisement

Sec. 702.404.  INFORMATION REQUIRED IN ADVERTISEMENT.  A health spa operator may not advertise in any print or electronic medium unless the advertisement includes the health spa operator's certificate of registration number or an identification number issued as provided by Section 702.301(b).|Added by Acts 2005, 79th Leg., Ch. 908 (H.B. 135), Sec. 7, eff. September 1, 2005.|
TX Occ Code § 702.451 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle M - Regulation of Other Health Professions|Chapter 702 - Health Spas|Subchapter J. Administrative Enforcement and Disciplinary Actions|Section 702.451. Disciplinary Actions

Sec. 702.451.  DISCIPLINARY ACTIONS.  (a)  After notice and opportunity for hearing, the secretary of state may deny an application for a certificate of registration, or may permanently revoke a health spa operator's certificate of registration, on a finding by the secretary that the applicant or certificate holder:(1)  provided false information on an application or other document filed with the secretary;(2)  failed to file or post, or maintain, the security for each health spa location as required by Subchapter D; or(3)  failed to provide the contract disclosure language required by Subchapter G.(b)  The secretary of state may permanently revoke a certificate of registration under Subsection (a) based on the certificate holder's failure to maintain the required security only after a finding by the secretary that, within the 30-day period following the cancellation or lapse of the security, the certificate holder failed to file or post replacement security in the required amount.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1340 (S.B. 1231), Sec. 7, eff. September 1, 2011.|