| 1 | 1 | | H.B. No. 3094 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the regulation of massage parlors by counties; |
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| 6 | 6 | | providing penalties. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 234, Local Government Code, is amended |
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| 9 | 9 | | by adding Subchapter D to read as follows: |
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| 10 | 10 | | SUBCHAPTER D. MASSAGE PARLORS |
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| 11 | 11 | | Sec. 234.101. DEFINITIONS. In this subchapter: |
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| 12 | 12 | | (1) "Massage parlor" means a business establishment |
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| 13 | 13 | | that purports to provide massage services and that allows: |
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| 14 | 14 | | (A) a nude person to provide massage services to |
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| 15 | 15 | | a customer; |
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| 16 | 16 | | (B) a person to engage in sexual contact for |
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| 17 | 17 | | compensation; or |
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| 18 | 18 | | (C) a person to provide massage services in |
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| 19 | 19 | | clothing intended to arouse or gratify the sexual desire of any |
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| 20 | 20 | | person. |
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| 21 | 21 | | (2) "Nude" and "sexual contact" have the meanings |
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| 22 | 22 | | assigned by Section 455.202, Occupations Code. |
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| 23 | 23 | | Sec. 234.102. AUTHORITY TO REGULATE. To promote public |
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| 24 | 24 | | health, safety, and welfare, the commissioners court of a county by |
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| 25 | 25 | | order may prohibit or otherwise regulate massage parlors located in |
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| 26 | 26 | | the unincorporated area of the county. |
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| 27 | 27 | | Sec. 234.103. INJUNCTION. If a massage parlor has |
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| 28 | 28 | | previously violated a prohibition or other regulation adopted under |
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| 29 | 29 | | this subchapter, a district or county attorney may bring suit to |
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| 30 | 30 | | enjoin the operation of a massage parlor in violation or threatened |
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| 31 | 31 | | violation of a prohibition or other regulation adopted under this |
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| 32 | 32 | | subchapter. |
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| 33 | 33 | | Sec. 234.104. CIVIL PENALTY. (a) A person who violates a |
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| 34 | 34 | | prohibition or regulation adopted by the county under this |
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| 35 | 35 | | subchapter is liable to the county for a civil penalty of not more |
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| 36 | 36 | | than $1,000 for each violation. Each day a violation continues is |
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| 37 | 37 | | considered a separate violation for purposes of assessing the civil |
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| 38 | 38 | | penalty. |
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| 39 | 39 | | (b) A county may bring suit in a district court to recover a |
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| 40 | 40 | | civil penalty authorized by Subsection (a). |
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| 41 | 41 | | Sec. 234.105. CRIMINAL PENALTY. (a) A person commits an |
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| 42 | 42 | | offense if the person intentionally or knowingly operates a massage |
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| 43 | 43 | | parlor in violation of a prohibition or regulation adopted under |
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| 44 | 44 | | this subchapter by the commissioners court. |
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| 45 | 45 | | (b) An offense under this section is a Class A misdemeanor. |
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| 46 | 46 | | Sec. 234.106. CUMULATIVE EFFECT. Authority under this |
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| 47 | 47 | | subchapter is cumulative of other authority that a county has to |
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| 48 | 48 | | regulate massage parlors and does not limit that other authority. |
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| 49 | 49 | | Sec. 234.107. EFFECT ON OTHER LAWS. (a) This subchapter |
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| 50 | 50 | | does not legalize anything prohibited under the Penal Code or other |
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| 51 | 51 | | state law. |
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| 52 | 52 | | (b) A person who is subject to prosecution under this |
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| 53 | 53 | | section and any other law may be prosecuted under either or both |
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| 54 | 54 | | laws. |
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| 55 | 55 | | SECTION 2. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2009. |
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| 60 | 60 | | ______________________________ ______________________________ |
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| 61 | 61 | | President of the Senate Speaker of the House |
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| 62 | 62 | | I certify that H.B. No. 3094 was passed by the House on April |
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| 63 | 63 | | 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 64 | 64 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 65 | 65 | | No. 3094 on May 29, 2009, by the following vote: Yeas 144, Nays 0, |
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| 66 | 66 | | 2 present, not voting. |
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| 67 | 67 | | ______________________________ |
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| 68 | 68 | | Chief Clerk of the House |
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| 69 | 69 | | I certify that H.B. No. 3094 was passed by the Senate, with |
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| 70 | 70 | | amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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| 71 | 71 | | 0. |
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| 72 | 72 | | ______________________________ |
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| 73 | 73 | | Secretary of the Senate |
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| 74 | 74 | | APPROVED: __________________ |
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| 75 | 75 | | Date |
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| 76 | 76 | | __________________ |
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| 77 | 77 | | Governor |
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