By: Harless, Riddle, Alvarado H.B. No. 3094
(Senate Sponsor - Patrick)
(In the Senate - Received from the House April 23, 2009;
April 24, 2009, read first time and referred to Committee on
Criminal Justice; May 23, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 23, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3094 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of massage parlors by counties;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 234, Local Government Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. MASSAGE PARLORS
Sec. 234.101. DEFINITIONS. In this subchapter:
(1) "Massage parlor" means a business establishment
that purports to provide massage services and that allows:
(A) a nude person to provide massage services to
a customer;
(B) a person to engage in sexual contact for
compensation; or
(C) a person to provide massage services in
clothing intended to arouse or gratify the sexual desire of any
person.
(2) "Nude" and "sexual contact" have the meanings
assigned by Section 455.202, Occupations Code.
Sec. 234.102. AUTHORITY TO REGULATE. To promote public
health, safety, and welfare, the commissioners court of a county by
order may prohibit or otherwise regulate massage parlors located in
the unincorporated area of the county.
Sec. 234.103. INJUNCTION. If a massage parlor has
previously violated a prohibition or other regulation adopted under
this subchapter, a district or county attorney may bring suit to
enjoin the operation of a massage parlor in violation or threatened
violation of a prohibition or other regulation adopted under this
subchapter.
Sec. 234.104. CIVIL PENALTY. (a) A person who violates a
prohibition or regulation adopted by the county under this
subchapter is liable to the county for a civil penalty of not more
than $1,000 for each violation. Each day a violation continues is
considered a separate violation for purposes of assessing the civil
penalty.
(b) A county may bring suit in a district court to recover a
civil penalty authorized by Subsection (a).
Sec. 234.105. CRIMINAL PENALTY. (a) A person commits an
offense if the person intentionally or knowingly operates a massage
parlor in violation of a prohibition or regulation adopted under
this subchapter by the commissioners court.
(b) An offense under this section is a Class A misdemeanor.
Sec. 234.106. CUMULATIVE EFFECT. Authority under this
subchapter is cumulative of other authority that a county has to
regulate massage parlors and does not limit that other authority.
Sec. 234.107. EFFECT ON OTHER LAWS. (a) This subchapter
does not legalize anything prohibited under the Penal Code or other
state law.
(b) A person who is subject to prosecution under this
section and any other law may be prosecuted under either or both
laws.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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