| 1 | 1 | | 81R14427 NC-D |
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| 2 | 2 | | By: Riddle H.B. No. 2838 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of massage parlors by certain counties; |
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| 8 | 8 | | providing penalties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 234, Local Government Code, is amended |
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| 11 | 11 | | by adding Subchapter D to read as follows: |
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| 12 | 12 | | SUBCHAPTER D. MASSAGE PARLORS IN CERTAIN COUNTIES |
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| 13 | 13 | | Sec. 234.101. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Massage parlor" means a massage establishment |
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| 15 | 15 | | that allows: |
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| 16 | 16 | | (A) a nude or partially nude employee to provide |
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| 17 | 17 | | massage therapy or other massage services to a customer; |
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| 18 | 18 | | (B) any individual to engage in sexual contact in |
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| 19 | 19 | | the massage establishment; or |
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| 20 | 20 | | (C) any individual to practice massage therapy in |
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| 21 | 21 | | the nude or in clothing designed to arouse or gratify the sexual |
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| 22 | 22 | | desire of any individual. |
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| 23 | 23 | | (2) "Nude" and "sexual contact" have the meanings |
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| 24 | 24 | | assigned by Section 455.202, Occupations Code. |
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| 25 | 25 | | Sec. 234.102. APPLICABILITY. This subchapter applies only |
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| 26 | 26 | | to a county with a population of 3.3 million or more. |
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| 27 | 27 | | Sec. 234.103. AUTHORITY TO REGULATE. To promote public |
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| 28 | 28 | | health, safety, and welfare, the commissioners court of a county by |
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| 29 | 29 | | order may prohibit or otherwise regulate massage parlors located in |
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| 30 | 30 | | the unincorporated area of the county. |
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| 31 | 31 | | Sec. 234.104. INJUNCTION. A district or county attorney |
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| 32 | 32 | | may bring suit to enjoin the operation of a massage parlor in |
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| 33 | 33 | | violation or threatened violation of a prohibition or other |
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| 34 | 34 | | regulation adopted under this subchapter. |
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| 35 | 35 | | Sec. 234.105. CIVIL PENALTY. (a) A person who violates a |
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| 36 | 36 | | prohibition or regulation adopted by the county under this |
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| 37 | 37 | | subchapter is liable to the county for a civil penalty of not more |
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| 38 | 38 | | than $1,000 for each violation. Each day a violation continues is |
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| 39 | 39 | | considered a separate violation for purposes of assessing the civil |
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| 40 | 40 | | penalty. |
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| 41 | 41 | | (b) A county may bring suit in a district court to recover a |
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| 42 | 42 | | civil penalty authorized by Subsection (a). |
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| 43 | 43 | | Sec. 234.106. CRIMINAL PENALTY. (a) A person commits an |
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| 44 | 44 | | offense if the person intentionally or knowingly operates a massage |
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| 45 | 45 | | parlor in violation of a prohibition or regulation adopted under |
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| 46 | 46 | | this subchapter by the commissioners court. |
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| 47 | 47 | | (b) An offense under this section is a Class A misdemeanor. |
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| 48 | 48 | | Sec. 234.107. CUMULATIVE EFFECT. Authority under this |
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| 49 | 49 | | subchapter is cumulative of other authority that a county has to |
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| 50 | 50 | | regulate massage parlors and does not limit that other authority. |
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| 51 | 51 | | SECTION 2. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2009. |
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