A certificate holder may withdraw prepayments deposited in an escrow account under
Section 702.352 if:
(1) the health spa for which the prepayments are made remains open for not less than
(2) the certificate holder files with the secretary of state an affidavit certifying
that all obligations of the health spa for which a lien may be claimed under Chapter
53, Property Code, have been paid; and
(3) no person is eligible to claim a lien under Chapter 53, Property Code, during
the period the certificate holder or an assignee or agent of the certificate holder
accepts prepayments for memberships in the certificate holder's health spa.
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