Tex. Occ. Code Section 702.452
Notice Requirement Before Health Spa Closing


(a)

At least 30 days before the date a health spa is scheduled to close or relocate, the certificate holder shall contemporaneously:

(1)

post, inside and outside each entrance to the health spa, a notice stating:

(A)

the date the health spa is scheduled to close or relocate;

(B)

that a member of the health spa may, 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, file with the secretary of state a claim to recover actual financial loss suffered by the member as a result of the health spa closing; and

(C)

the procedures for perfecting a security claim; and

(2)

notify the secretary of state in writing of the health spa closing or relocation and the date that the notice was first posted.

(b)

The notice posted under Subsection (a)(1) must be:

(1)

at least 8-1/2 by 11 inches in size; and

(2)

posted continuously for at least 30 days.

(c)

After receiving a notice under Subsection (a)(2) or otherwise discovering that a health spa is closed, the secretary of state shall post on the secretary of state’s Internet website a notice containing the information specified in Subsection (a)(1). The notice must be posted continuously for at least 30 days.

(d)

The secretary of state shall, not later than the 10th day after the date the secretary receives notice or otherwise discovers that a health spa is closed, notify the appropriate surety company or obligor of the administrative proceedings pending under Subsection (a)(1).

(e)

The notice required under Subsection (a) is not required in the case of a fire, flood, or act of God that is not within the reasonable control of a health spa.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 756, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 908 (H.B. 135), Sec. 9, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1340 (S.B. 1231), Sec. 7, eff. September 1, 2011.

Source: Section 702.452 — Notice Requirement Before Health Spa Closing, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­702.­htm#702.­452 (accessed May 11, 2024).

702.001
Short Title
702.002
Purpose and Construction
702.003
Definitions
702.051
Administrative and Rulemaking Authority
702.052
Rules Relating to Security Claims and Proceeds
702.053
Registration and Renewal Fees
702.101
Certificate of Registration Required
702.102
Application Requirements
702.103
Certificate of Registration Nontransferable
702.104
Term
702.105
Certificate Posting
702.106
Change of Information
702.107
Sales Tax Permit
702.151
Security Required
702.152
Surety Bond Requirements
702.153
Requirements for Security Other than Surety Bond
702.154
Beneficiary of Security
702.155
Duration of Security
702.156
Notice of Cancellation of Security
702.157
Limit on Liability of Surety or Obligor
702.158
Review of Security Amount
702.201
Application for Exemption
702.202
Qualifications for Exemption
702.205
Issuance of Exemption
702.206
Nontransferability of Exemption
702.207
Denial and Revocation of Exemption
702.251
Filing of Security Claim
702.252
Computation of Claim
702.253
Adjudication on Pro Rata Basis
702.254
Claim Barred
702.301
General Requirements
702.302
Disclosure Requirements
702.303
Contract Term
702.304
Cancellation and Refund Notice
702.305
Prepayment Refund Notice
702.306
Finance Charge Notice
702.307
Cancellation of Contract for Full Refund
702.308
Cancellation of Contract for Partial Refund
702.309
Proof of Payment
702.310
Effect of Contract on Third-party Rights
702.311
Void Contract
702.351
Membership Prepayment
702.352
Escrow Deposit Required
702.353
Exemption from Escrow Requirement
702.354
Duty of Financial Institution
702.355
Refund of Escrowed Prepayment
702.356
Withdrawal of Escrow Funds
702.401
Waiver Prohibited
702.402
Prohibited Acts
702.403
Application of Deceptive Trade Practices Act
702.404
Information Required in Advertisement
702.451
Disciplinary Actions
702.452
Notice Requirement Before Health Spa Closing
702.501
Filing of Suit
702.502
Statute of Limitations
702.503
Recovery
702.504
Temporary Closing
702.551
Investigative and Enforcement Authority
702.552
Suit for Enforcement
702.553
Amount of Civil Penalty
702.554
Violation of Injunction
702.555
Deposit in County Fund
702.556
Criminal Offense: Violation of Chapter
702.557
Criminal Offense: Interference with Investigation
702.558
Criminal Offense: Noncompliance with Subpoena or Investigative Demand

Accessed:
May 11, 2024

§ 702.452’s source at texas​.gov