By: Thimesch H.B. No. 2134
A BILL TO BE ENTITLED
AN ACT
relating to regulation of massage therapists and massage
establishments by political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 455.005, Occupations Code, is amended by
amending Subsections (b) and (c) and adding Subsections (b-1) and
(e) to read as follows:
(b) Subject to Subsections (b-1) and (c), this [This]
chapter does not affect a local regulation that:
(1) relates to:
(A) zoning requirements, including conditional
use permits;
(B) hours of operation; or
(C) other [similar] regulations similar to those
described by Paragraph (A) or (B) for massage establishments;
(2) authorizes or requires an investigation into the
background of an owner or operator of, or an investor in, a massage
establishment; or
(3) does not relate directly to the practice of
massage therapy as performed by a licensed massage therapist,
including a regulation related to a license holder listed in
Section 455.004, while the therapist:
(A) performs under the applicable licensing law;
and
(B) works with a licensed massage therapist.
(b-1) Except as provided by Chapter 243, Local Government
Code, a political subdivision may not adopt a regulation of the type
described by Subsection (b) that is more restrictive for massage
therapists than for other health care professionals.
(c) A [Except as provided by Chapter 243, Local Government
Code, a] political subdivision may not adopt a regulation of the
type described by Subsection (b) that is more restrictive for
[massage therapists or] massage establishments than for other
health care [professionals or] establishments, except that a more
restrictive regulation of the type described by Subsection (b) may
be adopted:
(1) as provided by Chapter 243, Local Government Code;
or
(2) if the regulation relates to the location,
ownership, hours of operation, or operation of a massage
establishment:
(A) where three or more arrests have occurred or
citations in lieu of arrest have been issued for an offense under
Section 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02, Penal Code;
(B) where an offense under Chapter 20A, or
Section 34.02, 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02, Penal
Code, occurred that resulted in a conviction;
(C) that is operating at a location where another
massage establishment against which a sanction was imposed for a
violation of this chapter previously operated; or
(D) that is operating at a location where another
massage establishment owned or operated by an individual against
whom a sanction was imposed for a violation of this chapter
previously operated.
(e) In this section, "sanction" has the meaning assigned by
Section 51.001.
SECTION 2. This Act takes effect September 1, 2023.