| 1 | 1 | | By: Thimesch H.B. No. 2134 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to regulation of massage therapists and massage |
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| 7 | 7 | | establishments by political subdivisions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 455.005, Occupations Code, is amended by |
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| 10 | 10 | | amending Subsections (b) and (c) and adding Subsections (b-1) and |
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| 11 | 11 | | (e) to read as follows: |
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| 12 | 12 | | (b) Subject to Subsections (b-1) and (c), this [This] |
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| 13 | 13 | | chapter does not affect a local regulation that: |
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| 14 | 14 | | (1) relates to: |
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| 15 | 15 | | (A) zoning requirements, including conditional |
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| 16 | 16 | | use permits; |
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| 17 | 17 | | (B) hours of operation; or |
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| 18 | 18 | | (C) other [similar] regulations similar to those |
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| 19 | 19 | | described by Paragraph (A) or (B) for massage establishments; |
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| 20 | 20 | | (2) authorizes or requires an investigation into the |
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| 21 | 21 | | background of an owner or operator of, or an investor in, a massage |
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| 22 | 22 | | establishment; or |
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| 23 | 23 | | (3) does not relate directly to the practice of |
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| 24 | 24 | | massage therapy as performed by a licensed massage therapist, |
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| 25 | 25 | | including a regulation related to a license holder listed in |
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| 26 | 26 | | Section 455.004, while the therapist: |
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| 27 | 27 | | (A) performs under the applicable licensing law; |
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| 28 | 28 | | and |
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| 29 | 29 | | (B) works with a licensed massage therapist. |
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| 30 | 30 | | (b-1) Except as provided by Chapter 243, Local Government |
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| 31 | 31 | | Code, a political subdivision may not adopt a regulation of the type |
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| 32 | 32 | | described by Subsection (b) that is more restrictive for massage |
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| 33 | 33 | | therapists than for other health care professionals. |
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| 34 | 34 | | (c) A [Except as provided by Chapter 243, Local Government |
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| 35 | 35 | | Code, a] political subdivision may not adopt a regulation of the |
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| 36 | 36 | | type described by Subsection (b) that is more restrictive for |
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| 37 | 37 | | [massage therapists or] massage establishments than for other |
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| 38 | 38 | | health care [professionals or] establishments, except that a more |
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| 39 | 39 | | restrictive regulation of the type described by Subsection (b) may |
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| 40 | 40 | | be adopted: |
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| 41 | 41 | | (1) as provided by Chapter 243, Local Government Code; |
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| 42 | 42 | | or |
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| 43 | 43 | | (2) if the regulation relates to the location, |
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| 44 | 44 | | ownership, hours of operation, or operation of a massage |
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| 45 | 45 | | establishment: |
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| 46 | 46 | | (A) where three or more arrests have occurred or |
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| 47 | 47 | | citations in lieu of arrest have been issued for an offense under |
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| 48 | 48 | | Section 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02, Penal Code; |
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| 49 | 49 | | (B) where an offense under Chapter 20A, or |
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| 50 | 50 | | Section 34.02, 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02, Penal |
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| 51 | 51 | | Code, occurred that resulted in a conviction; |
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| 52 | 52 | | (C) that is operating at a location where another |
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| 53 | 53 | | massage establishment against which a sanction was imposed for a |
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| 54 | 54 | | violation of this chapter previously operated; or |
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| 55 | 55 | | (D) that is operating at a location where another |
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| 56 | 56 | | massage establishment owned or operated by an individual against |
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| 57 | 57 | | whom a sanction was imposed for a violation of this chapter |
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| 58 | 58 | | previously operated. |
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| 59 | 59 | | (e) In this section, "sanction" has the meaning assigned by |
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| 60 | 60 | | Section 51.001. |
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| 61 | 61 | | SECTION 2. This Act takes effect September 1, 2023. |
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