Sec. 145.005. CUSTOMER NOTICE; LIABILITY  


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  • (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.