82R3877 MAW-F     By: Eiland H.B. No. 760       A BILL TO BE ENTITLED   AN ACT   relating to an exemption from regulation as health spas for certain   governmental hospitals and clinics.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 702.003(4), Occupations Code, is amended   to read as follows:                (4)  "Health spa" means a business that offers for   sale, or sells, memberships that provide the members instruction in   or the use of facilities for a physical exercise program. The term   does not include:                      (A)  an organization that is tax exempt under   Section 501 et seq., Internal Revenue Code (26 U.S.C. Section 501 et   seq.);                      (B)  a private club owned and operated by its   members;                      (C)  an entity operated exclusively to:                            (i)  teach dance or aerobic exercise; or                            (ii)  provide physical rehabilitation   activity related to an individual's injury or disease;                      (D)  a person engaged in an activity authorized   under a license issued by the state; [or]                      (E)  an activity conducted or sanctioned by a   school under the Education Code; or                      (F)  a hospital or clinic owned or operated by an   agency of the state or federal government or by a political   subdivision of this state.          SECTION 2.  This Act takes effect September 1, 2011.