The state of Texas will no longer license nor inspect indoor tanning facilities — a move that shifts any enforcement of state tanning regulations from the Texas Department of State Health Services to local law enforcement groups beginning Sept. 1.

The action was part of the Texas Sunset Advisory Commission’s big government house-cleaning recommendation to the state legislature this spring. Tanning salon licensing was among 10 programs discontinued or deemed “un-needed.” The Governor signed the action — Texas Senate Bill 202 — into effect in June. Salons received a letter from the state this week about the change.

“What that means for salons is that the rules are still on the books in the state, but it’s going to fall on local health departments to decide whether or not they want to proactively enforce the rules,” Smart Tan’s Joseph Levy said. “While the paperwork, fees and inspections go away, salons should still follow standard operating and training rules. They are still the law.”

Part of SB 202 included the following language: “A tanning facility operator who violates a law relating to the operation of a tanning facility is subject to a civil or criminal penalty. If you suspect a violation, please contact your local law enforcement authority or local health authority.”

The state says additional information “regarding state deregulation of tanning facilities will be sent to all current license holders in the near future.” That may mean the state is still in flux on how they are handling the change.

“What we suspect may evolve from this is that most health departments will operate on a complaint basis — if they hear of violations, they may investigate them,” Levy said. “But in some jurisdictions, health departments may take it upon themselves to proactively enforce regulations. The evolution of how this action will affect salons in different parts of the state may take some time.”

Smart Tan will continue to follow progress in this action.