Texas Register, Volume 14, Number 64, Pages 4431-4491 , September 1, 1989 Page: 4,441
4431-4491 p. ; 28 cm.View a full description of this periodical.
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Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines
that such action is necessary for the public health, safety, or welfare of this state. The section may become effective
Immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than
120 days. The emergency action is renewable once for no more than 60 days.
Symbology In amended emergency sections. New language added to an existing section is indicated by the use
of bold text. [Brackets] indicate delation of existing material within a section.TITLE 1.
ADMINISTRATION
Part IV. Office of the
Secretary of State
Chapter 102. Health Spas
* 1 TAC 102.1, 102.10, 102.20,
102.30, 102.40, 102.41, 102. 70-
102.73, 102.80, 102.90, 102.91
The Office of the Secretary of State adopts
on an emergency basis new 102.1, 102.10,
102.20, 102.30, 102.40, 102.41, 102.70,
102.71, 102.72, 102. 73, 102.80, 102.90, and
102.91, concerning the administration and
enforcement of registering health spas
pursuant to fe Health Spa Act, Article 52211,
Texas Civil Statutes. The new sections enact
the provisions of House Bill 863 of the 71st
Legislature.
These new sections are adopted due to the
passage of House Bill 863 of the 71st Legis-
lature which transfers the administration and
enforcement of the Health Spa Act, Article
52211, Texas Civil Statutes from the Depart-
ment of Labor and Standards to the Office of
the Secretary of State effective September 1,
1989.
These new sections are adopted on an emer-
gency basis to protect the welfare of those
members of the public who wish to register
their health spa on or after September 1,
1989.
These new sections are also being proposed
for permanent adoption in this issue of the
Texas Register.
The new sections are adopted on an emer-
gency basis under Texas Civil Statutes, Arti-
cle 6252-13a, and the Health Spa Act, Texas
Civil Statutes, Article 52211, which provide the
Office of the Secretary of State with
ruleanaking authority.
102.1. Authority. These rules are promul-
gated under the authority of the Health Spa
Act (Texas Civil Statues. Article 52211),
and under the general role making authority
of the Office of the Secretary of State.
1102.10. Definitions. The following words
and terms, when used in this chapter, shall
have the following meanings, unless the
context clearly indicates otherwise.
Act-The Health Spa Act, Article
52211, Texas Civil Statutes.
Secretary-The secretary of state.
Contract-Any agreement of a
month-to-month or longer duration by
which one becomes a health spa member.
Dues-Any form of compensation,remuneration, or payment paid by an indi-
vidual in exchange for the use of, or which
results in the individual using, any or all of
the health spa's facilities.
Facilities-Equipment, physical
structures, improvements, improvements to
leasehold premises, and other real, personal,
or mixed tangible property used by a health
spa at each location to conduct its business.
The term includes, but is not limited to,
saunas, whirlpool baths, gymnasiums, run-
ning tracks, swimming pools, shower area,
racquetball courts, martial arts equipment,
and exercise equipment.
Financial losses-Limited to an un-
used or unearned portion of a health spa
member's dues.
Fully open-The date on which all
services of the spa that were advertised
before the opening or promised to be made
available, whether or not contained in the
contract, are available for its members' use.
Governmental authority-The State
of Texas, or any city, township, village,
country, quasi-governmental authority, or
any political subdivision thereof.
Health spa-A business primarily in-
volved in te sale of memberships that pro-
vides the members instruction in a program
of physical exercise or provides the mem-
bers use of the facilities of the health spa
for a program of physical exercise.
Member-A person entitled to the
benefits of membership in a health spa.
Membership-The status under a
contract between an individual and a health
spa entitling the individual to use the ser-
vices or facilities of the health spa.
Owner-Any person who maintains a
10% or more interest in any health spa
facility.
Person-An individual, corporation,
association, organization, partnership, busi-
ness trust, trust, estate, or any other legal
entity.
Prepayment-A payment for all ser-
vices, or for the use of facilities, made by
health spa members before the first day the
services or facilities are made available to
the members.
Primarily-Having 51% or more of
the facility's floor space devoted to physical
exercise or the support of physical exercise
or deriving 51% or more of the business'
gross receipts from physical exercise ser-
vices.
Purchaser-A person who purchases
a health spa membership.
Security-A bond, certificate of de-
posit, or letter of credit obtained by thehealth spa and filed with the secretary
pursuant to the registration rquirements of
the Act, 10.
Seller-A person who owns or oper-
ates a health spa, or who offers for sale the
right to use the facilities or services of the
health spa.
Services-Programs, plans, guidance,
or instruction a health spa provides its
members, including diet planning, exercise
instruction, exercise programs, and instruc-
tional classes.
Surety-Any entity which has issued
a security instrument for a health apn, in-
cluding, but not limited to, bonding and
surety companies and banks ~s- -i g leters
of credit.
10220. Registration Requirements.
(a) Each health spa location shall
file a registration statement containing the
following information:
(1) the health spa's name and
physical location address;
(2) the name and address of any
person who directly or indirectly owns or
controls 10% or more of the issued and
outstanding voting shares, if the. health spa
is operated through a corporation;
(3) the name and address of all
the partners, if the health spa is owned or
operated as a general partnership;
(4) the name and address of
each general partner, if the health spa is
owned or operated by a limited partnership;
(5) the name and address of
each person deemed to be an owner, if the
health spa is owned or operated as a sole
proprietorship;
(6) the name and address of any
person or entity holding any direct or indi-
rect ownership of the health spa, if that
person or entity exercises direct control of
the health spa;
(7) a detailed disclosure of the
proposed facilities and services;
(8) the approximate square foot-
age of the health spa facility;
(9) a complete disclosure of any
litigation, or any complaint filed with a
governmental authority, relating to the fail-
ure to open or the closing of a health spa
brought against the owners, officers, or di-
rectors of the health spa filing the registra-
tion statement that was completed within14 Tx~e 444 Setembr 1 198 Teas Rgiser
14 TexReg 4441
September 1, 1989 Texas Register "
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Texas. Secretary of State. Texas Register, Volume 14, Number 64, Pages 4431-4491 , September 1, 1989, periodical, September 1, 1989; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth216053/m1/11/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.