reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter F. License Requirements › Section 701.251. License Required; Commission Registration

Sec. 701.251.  LICENSE REQUIRED;  COMMISSION REGISTRATION.  (a)  In this section, "Commission on Dietetic Registration" means the commission that is a member of the National Commission on Health Certifying Agencies.
(b)  Unless the person holds an appropriate license issued under this chapter, a person may not:
(1)  use the title or represent or imply that the person has the title "licensed dietitian" or "provisional licensed dietitian" or use the letters "LD" or "PLD";  or
(2)  use a facsimile of those titles to indicate or imply that the person is a licensed dietitian or provisional licensed dietitian.
(c)  Unless the person is a dietitian registered by the Commission on Dietetic Registration, a person may not:
(1)  use the title or represent or imply that the person has the title "registered dietitian" or use the letters "RD";  or
(2)  use a facsimile of that title to indicate or imply that the person is a dietitian registered by the Commission on Dietetic Registration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter F. License Requirements › Section 701.252. License Application

Sec. 701.252.  LICENSE APPLICATION.  (a)  Each applicant for a dietitian license must submit an application in the manner and on a form prescribed by the executive director accompanied by the application fee.
(b)  The commission by rule shall determine the information and documentation required to be submitted as part of an application.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.205, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter F. License Requirements › Section 701.253. License Examination

Sec. 701.253.  LICENSE EXAMINATION.  (a)  In this section, "Commission on Dietetic Registration" has the meaning assigned by Section 701.251(a).
(b)  Except as provided by Subsection (f), an applicant must pass a license examination to qualify for a license under this chapter.
(c)  The department shall prepare or approve an examination.  An examination prescribed by the department may be or may include an examination given by the Commission on Dietetic Registration or by a national or state testing service instead of an examination prepared by the department or the department's designee.
(d)  Any written portion of the examination must be validated by an independent testing professional.
(e)  The department shall administer an examination to qualified applicants at least twice each calendar year.
(f)  The department shall waive the examination requirement for an applicant who, at the time of application, is a dietitian registered by the Commission on Dietetic Registration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 147 (H.B. 1155), Sec. 14, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 147 (H.B. 1155), Sec. 15, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.206, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter F. License Requirements › Section 701.254. Qualifications for Examination

Sec. 701.254.  QUALIFICATIONS FOR EXAMINATION.  To qualify for the licensing examination under this chapter, an applicant must:
(1)  possess a baccalaureate or postbaccalaureate degree, conferred by a college or university regionally accredited at the time of conferral, with:
(A)  a major course of study in human nutrition, food and nutrition, nutrition education, dietetics, or food systems management; or
(B)  an equivalent major course of study approved by the department; and
(2)  have completed an internship or preplanned, documented, professional experience program in dietetics practice of not less than 900 hours under the supervision of a licensed dietitian or a registered dietitian approved by the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.207, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter F. License Requirements › Section 701.2575. Jurisprudence Examination

Sec. 701.2575.  JURISPRUDENCE EXAMINATION.  (a)  The department shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, commission rules under this chapter, and any other applicable laws of this state affecting the applicant's dietetics practice.
(b)  In addition to the license examination required by Section 701.253, an applicant must pass a jurisprudence examination to qualify for a license under this chapter.
(c)  The commission shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for reexamination, grading the examination, and providing notice of examination results.
Added by Acts 2005, 79th Leg., Ch. 147 (H.B. 1155), Sec. 19, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.209, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter F. License Requirements › Section 701.258. Qualified Person Entitled to License

Sec. 701.258.  QUALIFIED PERSON ENTITLED TO LICENSE.  The department shall issue a license as a licensed dietitian to a person qualified for a license under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.210, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter G. License Renewal › Section 701.301. License Renewal

Sec. 701.301.  LICENSE RENEWAL.  (a)  A license is valid for two years after the date of issuance and may be renewed biennially.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(208), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(208), eff. September 1, 2015.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(208), eff. September 1, 2015.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(208), eff. September 1, 2015.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(208), eff. September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 147 (H.B. 1155), Sec. 20, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.222, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(208), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter G. License Renewal › Section 701.304. Grounds for Refusing Renewal

Sec. 701.304.  GROUNDS FOR REFUSING RENEWAL.  The commission or department may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter K, unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.
Added by Acts 2005, 79th Leg., Ch. 147 (H.B. 1155), Sec. 21, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.214, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter H. Practice by License Holder › Section 701.351. Display of License

Sec. 701.351.  DISPLAY OF LICENSE.  (a)  A license holder shall display the person's license in an appropriate and public manner as prescribed by commission rule.
(b)  A license issued by the department is the property of the department and shall be surrendered on demand.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.215, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter H. Practice by License Holder › Section 701.352. License Holder Information

Sec. 701.352.  LICENSE HOLDER INFORMATION.  A license holder shall keep the department informed of the license holder's current address as provided by commission rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.216, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter I. Disciplinary Procedures › Section 701.401. Grounds for Disciplinary Action

Sec. 701.401.  GROUNDS FOR DISCIPLINARY ACTION.  The commission or executive director shall refuse to renew a license, revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of this chapter, a rule or code of ethics adopted under this chapter, or an order of the commission or executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 147 (H.B. 1155), Sec. 22, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.218, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter I. Disciplinary Procedures › Section 701.403. Sanctions

Sec. 701.403.  SANCTIONS.  The State Office of Administrative Hearings shall use the schedule of sanctions adopted by the commission by rule for a sanction imposed as the result of a hearing conducted by the office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.219, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter A. General Provisions › Section 702.001. Short Title

Sec. 702.001.  SHORT TITLE.  This chapter may be cited as the Health Spa Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter A. General Provisions › Section 702.002. Purpose and Construction

Sec. 702.002.  PURPOSE AND CONSTRUCTION.  (a)  The purpose of this chapter is to protect the public against fraud, deceit, imposition, and financial hardship and to foster and encourage competition, fair dealing, and prosperity in the field of health spa operations and services by prohibiting or restricting injurious practices involving:
(1)  health spa contracts;  and
(2)  the marketing of health spa services.
(b)  This chapter shall be liberally construed and applied to promote its purpose and to provide efficient and economical procedures to protect the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter B. Powers and Duties of Secretary of State › Section 702.051. Administrative and Rulemaking Authority

Sec. 702.051.  ADMINISTRATIVE AND RULEMAKING AUTHORITY.  (a)  The secretary of state shall administer this chapter.
(b)  In administering this chapter, the secretary of state shall:
(1)  adopt rules;
(2)  issue administrative orders;  and
(3)  take action necessary to ensure compliance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter B. Powers and Duties of Secretary of State › Section 702.052. Rules Relating to Security Claims and Proceeds

Sec. 702.052.  RULES RELATING TO SECURITY CLAIMS AND PROCEEDS.  The secretary of state shall adopt rules necessary to:
(1)  determine the disposition of a security claim filed under Section 702.251;  and
(2)  ensure the prompt and fair distribution of security proceeds.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter B. Powers and Duties of Secretary of State › Section 702.053. Registration and Renewal Fees

Sec. 702.053.  REGISTRATION AND RENEWAL FEES.  The secretary of state may charge each applicant for a certificate of registration, or renewal of a certificate, a reasonable fee not to exceed $100 to cover the cost of issuance or renewal.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter C. Certificate of Registration › Section 702.101. Certificate of Registration Required

Sec. 702.101.  CERTIFICATE OF REGISTRATION REQUIRED.  A person may not operate a health spa or offer for sale, or sell, a membership in a health spa unless the person holds a health spa operator's certificate of registration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter C. Certificate of Registration › Section 702.102. Application Requirements

Sec. 702.102.  APPLICATION REQUIREMENTS.  (a)  An applicant for a health spa operator's certificate of registration must file with the secretary of state an application stating:
(1)  the applicant's name, address, and telephone number;
(2)  the applicant's business trade name;
(3)  for an applicant whose business is incorporated:
(A)  the applicant's business name registered with the secretary of state;
(B)  the location of the applicant's registered business office;  and
(C)  the name and address of each person who directly or indirectly owns or controls 10 percent or more of the outstanding shares of stock in the applicant's business;
(4)  the date the applicant became the owner and operator of the applicant's business;
(5)  the address of the health spa;  and
(6)  the type of available or proposed facilities and services offered at the health spa location.
(b)  An application for a certificate of registration must be accompanied by:
(1)  a sample of each contract used to sell a membership in the applicant's health spa;
(2)  proof of security filed or posted by the applicant under Subchapter D;  and
(3)  the required registration fee.
(c)  An applicant must comply with the application requirements of this section for each location where the applicant operates a health spa.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter C. Certificate of Registration › Section 702.103. Certificate of Registration Nontransferable; Application by New Owner

Sec. 702.103.  CERTIFICATE OF REGISTRATION NONTRANSFERABLE;  APPLICATION BY NEW OWNER.  (a)  A health spa operator's certificate of registration is not transferable.
(b)  A person who obtains ownership of a health spa by purchase or other transfer shall file an application for a certificate of registration under Section 702.102 not later than the fifth day after the date the person obtains ownership.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter C. Certificate of Registration › Section 702.104. Term; Renewal

Sec. 702.104.  TERM;  RENEWAL.  (a)  A health spa operator's certificate of registration expires on the first anniversary of the date of issuance.
(b)  A certificate of registration may be renewed as provided by the secretary of state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter C. Certificate of Registration › Section 702.105. Certificate Posting

Sec. 702.105.  CERTIFICATE POSTING.  A certificate holder shall post a health spa operator's certificate of registration in a conspicuous place at each registered location.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter C. Certificate of Registration › Section 702.106. Change of Information

Sec. 702.106.  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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter C. Certificate of Registration › Section 702.107. Sales Tax Permit; Proof of Registration Required

Sec. 702.107.  SALES TAX PERMIT; PROOF OF REGISTRATION REQUIRED.  (a)  A health spa operator shall submit to the comptroller a copy of the operator's certificate of registration at the time the operator applies for a sales tax permit.
(b)  The comptroller may not issue a sales tax permit to a health spa operator who fails to comply with this section.  The secretary of state shall assist the comptroller in determining whether a business is a health spa under this chapter.
Added by Acts 2005, 79th Leg., Ch. 908 (H.B. 135), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter D. Security Requirements › Section 702.151. Security Required

Sec. 702.151.  SECURITY REQUIRED.  (a)  Except as provided by Subchapter E, the secretary of state may not issue a health spa operator's certificate of registration to an applicant unless the applicant files a surety bond, or posts other security as prescribed by the secretary, in the amount prescribed by the secretary under Subsection (b).
(b)  The secretary of state shall prescribe the amount of security required for an applicant in the amount determined sufficient by the secretary to protect the health spa's total membership.  The amount may not be less than $20,000 or more than $50,000.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 908 (H.B. 135), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter D. Security Requirements › Section 702.152. Surety Bond Requirements

Sec. 702.152.  SURETY BOND REQUIREMENTS.  If a surety bond is filed under Section 702.151, the bond must:
(1)  remain in effect until canceled by the surety company;
(2)  be issued by a company authorized to do business in this state;  and
(3)  conform to the requirements of the Insurance Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter D. Security Requirements › Section 702.153. Requirements for Security Other Than Surety Bond

Sec. 702.153.  REQUIREMENTS FOR SECURITY OTHER THAN SURETY BOND.  An applicant who posts under Section 702.151 security other than a surety bond is:
(1)  not required to post other security annually if the applicant maintains security in the amount of $20,000;  and
(2)  entitled to receive the interest that accumulates on the other security posted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter D. Security Requirements › Section 702.154. Beneficiary of Security

Sec. 702.154.  BENEFICIARY OF SECURITY.  The security filed or posted by a certificate holder under this subchapter must be payable to the state and held for the benefit of:
(1)  the state;  and
(2)  each member of the certificate holder's health spa who has been administratively adjudicated to have suffered actual financial loss as a result of the closing of the certificate holder's health spa.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter D. Security Requirements › Section 702.155. Duration of Security

Sec. 702.155.  DURATION OF SECURITY.  A certificate holder shall maintain the security filed or posted under Section 702.151 in effect until the earlier of:
(1)  the second anniversary of the date the certificate holder's health spa closes; or
(2)  the date the secretary of state determines that each claim filed against the security has been satisfied or foreclosed by law.
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. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter D. Security Requirements › Section 702.156. Notice of Cancellation of Security

Sec. 702.156.  NOTICE OF CANCELLATION OF SECURITY.   A surety or obligor of security filed or posted under this subchapter shall provide to the secretary of state, not later than the 60th day before the date the security is canceled, written notice of the cancellation.
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. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter D. Security Requirements › Section 702.157. Limit on Liability of Surety or Obligor

Sec. 702.157.  LIMIT ON LIABILITY OF SURETY OR OBLIGOR.  (a)  The limit of a surety's or obligor's liability stated in the security filed or posted under this subchapter may not be cumulative from year to year or period to period, regardless of the number of:
(1)  years that the security continues in force;  or
(2)  premiums paid or payable.
(b)  The liability of a surety or obligor is exclusively conditioned on a final administrative order issued by the secretary of state.
(c)  Security filed or posted under this subchapter is subject to a claim only as provided by this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter D. Security Requirements › Section 702.158. Review of Security Amount

Sec. 702.158.  REVIEW OF SECURITY AMOUNT.  (a)  At least once every three years, the secretary of state shall review the amount of security a health spa operator is required to post under Section 702.151 to determine whether the amount is sufficient to protect the health spa's total membership.   The secretary may increase the amount required if the secretary determines that the increase is necessary to protect that membership but may not increase the amount above the maximum amount allowed under Section 702.151(b).
(b)  The secretary of state may adopt procedures necessary to implement this section, including:
(1)  establishing a schedule to review the amount of security posted by each health spa operator; and
(2)  requiring each health spa operator to submit periodically a written statement of the health spa's total membership.
Added by Acts 2005, 79th Leg., Ch. 908 (H.B. 135), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter E. Exemption From Security Requirements › Section 702.201. Application for Exemption

Sec. 702.201.  APPLICATION FOR EXEMPTION.  A certificate holder may apply for an exemption from the security requirements of Subchapter D by filing with the secretary of state a sworn application for the exemption on a form prescribed by the secretary of state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter E. Exemption From Security Requirements › Section 702.202. Qualifications for Exemption

Sec. 702.202.  QUALIFICATIONS FOR EXEMPTION.  A certificate holder may apply for an exemption under Section 702.201 if:
(1)  the certificate holder does not require, or solicit or offer a plan or program that requires, a health spa consumer to:
(A)  execute a membership contract for a term that exceeds 31 days;
(B)  execute a note or retail installment contract;
(C)  authorize a draw or other recurring debit on a financial institution in favor of the certificate holder or the certificate holder's assignee;
(D)  pay an initiation fee or other fee, not including monthly dues; or
(E)  prepay for a term that exceeds 31 days; or
(2)  the certificate holder submits a sworn statement every three years with the secretary of state stating that the certificate holder:
(A)  has assets based on net book value that exceed $50,000 per registered location;
(B)  has operated under substantially the same ownership or management for at least five years; and
(C)  has not been the subject of a complaint relating to the closing of a health spa owned by the certificate holder or the failure of a health spa owned by the certificate holder to open that has been initiated or filed by a member of the health spa with a governmental authority in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 908 (H.B. 135), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter E. Exemption From Security Requirements › Section 702.205. Issuance of Exemption

Sec. 702.205.  ISSUANCE OF EXEMPTION.  (a)  On approval of an application for an exemption under Section 702.201, the secretary of state shall issue a certificate of exemption.
(b)  A certificate holder to whom a certificate of exemption is issued is not required to file a surety bond or post other security under Subchapter D.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter E. Exemption From Security Requirements › Section 702.206. Nontransferability of Exemption

Sec. 702.206.  NONTRANSFERABILITY OF EXEMPTION.  (a)  A certificate of exemption is not transferable.
(b)  A person who by purchase or other transfer obtains ownership of a health spa for which a certificate of exemption has been issued shall, not later than the fifth day after the date the person obtains ownership:
(1)  file a surety bond, or post other security, as required by Section 702.151;  or
(2)  file a new application for an exemption under Section 702.201.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter E. Exemption From Security Requirements › Section 702.207. Denial and Revocation of Exemption

Sec. 702.207.  DENIAL AND REVOCATION OF EXEMPTION.  After notice and opportunity for hearing, the secretary of state may deny an application for an exemption or permanently revoke a certificate holder's certificate of exemption if the secretary finds that the applicant or certificate holder:
(1)  provided false information on the application for an exemption; or
(2)  is no longer eligible for an exemption.
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. 3, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter F. Claim on Security › Section 702.251. Filing of Security Claim

Sec. 702.251.  FILING OF SECURITY CLAIM.  A member may file a claim against the security filed or posted under this subchapter by providing to the secretary of state a copy of the contract between the member and certificate holder who filed or posted the security, accompanied by proof of payment made under the contract, if the certificate holder's health spa:
(1)  closes and fails to provide alternative facilities not more than 10 miles from the location of the health spa; or
(2)  relocates more than 10 miles from its location preceding the relocation.
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. 4, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter F. Claim on Security › Section 702.252. Computation of Claim

Sec. 702.252.  COMPUTATION OF CLAIM.  (a)  Recovery on a claim filed under Section 702.251 is limited to the amount of actual financial loss suffered by the member as a result of the closing or relocating of the certificate holder's health spa.
(b)  For purposes of this section, actual financial loss is computed by:
(1)  rounding the date of the health spa's closing or relocation and the contract's expiration date to the nearest full month;
(2)  subtracting the date of closing or relocation determined under Subdivision (1) from the expiration date determined under that subdivision, with the result expressed in whole months and representing the number of months remaining on a contract;
(3)  computing the gross monthly payment by adding all payments made under the contract, including any down payment and initiation fee, and dividing the resulting amount by the total number of months in the term of the contract;  and
(4)  multiplying the number of months remaining on the contract computed under Subdivision (2) by the gross monthly payment computed under Subdivision (3).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter F. Claim on Security › Section 702.253. Adjudication on Pro Rata Basis

Sec. 702.253.  ADJUDICATION ON PRO RATA BASIS.  If the total amount of actual financial losses computed under Section 702.252 for all claims filed under Section 702.251 exceeds the amount of available security, the secretary of state shall reduce the amount of each recovery under Section 702.252 on a pro rata basis and shall compute the amount of each recovery by:
(1)  dividing the amount of available security by the total amount of actual financial losses computed under Section 702.252 for all claims;  and
(2)  multiplying the results computed under Subdivision (1) by the amount of the recovery.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 756, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter F. Claim on Security › Section 702.254. Claim Barred

Sec. 702.254.  CLAIM BARRED.  The secretary of state may not consider a claim filed under Section 702.251 if the claim is received 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 under Section 702.452(c).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 756, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1340 (S.B. 1231), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter G. Contract Requirements › Section 702.301. General Requirements

Sec. 702.301.  GENERAL REQUIREMENTS.  (a)  A contract:
(1)  must be:
(A)  in writing; and
(B)  signed by the purchaser;
(2)  must state the proposed opening date of the health spa that is the subject of the contract, if the health spa is not open on the contract date; and
(3)  must include the health spa operator's certificate of registration number or an identification number as provided by Subsection (b).
(b)  The secretary of state shall adopt procedures for the issuance of an identification number that may be used in a contract for purposes of Subsection (a) by health spas with more than one location in this state.
(c)   A contract under Subsection (a) constitutes the entire agreement between the seller and purchaser.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 908 (H.B. 135), Sec. 5, eff. September 1, 2005.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.