| (a) Inspections. The commissioner or an authorized agent shall have access at all reasonable times to any tanning facility to inspect the facility to determine compliance with the Tanning Facility Regulation Act (Act) or this subchapter. (b) Administrative penalties. Administrative penalties, as provided in Health and Safety Code, §145.0122, and in §229.261 of this title (relating to Assessment of Administrative Penalties), may be assessed for violation of this subchapter. (c) Criminal penalty. (1) A person, other than a customer, commits an offense if the person violates the Act or rules adopted under the Act. (2) Except as provided by paragraph (3) of this subsection, an offense under the Act is a Class A misdemeanor. (3) An offense under §229.349(c) of this title (relating to Advertising) is a Class C misdemeanor, unless it is shown on the trial of an offense under this subsection that the person has previously been convicted of an offense under this subsection, then the offense is a Class A misdemeanor. (d) Civil penalty; Injunction. If it appears that a person has violated or is violating Health and Safety Code, Chapter 145, or an order issued or a rule adopted under authority of Health and Safety Code, §145.011, 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. (e) Venue. Venue for a suit brought under the Act shall be in the county in which the violation or the threat of violation is alleged to have occurred or in Travis County. (f) Adulterated or misbranded tanning device. If the department identifies an adulterated or misbranded tanning device, the department may enforce the applicable provisions of Subchapter C of the Texas Food, Drug, and Cosmetic Act (Health and Safety Code, Chapter 431) including, but not limited to: detention, emergency order, recall, condemnation, destruction, injunction, civil penalties, criminal penalties and/or administrative penalties. Administrative and civil penalties will be assessed using the Severity Levels contained in §229.261 of this title. (g) Emergency order. 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: (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. |
| Source Note: The provisions of this §229.357 adopted to be effective February 28, 1994, 19 TexReg 926; amended to be effective June 26, 1996, 21 TexReg 5438; amended to be effective August 2, 2001, 26 TexReg 5659; amended to be effective January 1, 2005, 29 TexReg 11981; amended to be effective December 27, 2010, 35 TexReg 11702 |
