Texas 2023 - 88th Regular

Texas House Bill HB3579 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3579
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of massage therapists and massage
6	6	establishments by the Texas Department of Licensing and Regulation
7	7	and political subdivisions.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 455.005, Occupations Code, is amended by
10	10	amending Subsections (b) and (c) and adding Subsections (b-1),
11	11	(c-1), (c-2), and (e) to read as follows:
12	12	(b) Subject to Subsections (b-1), (c), (c-1), and (c-2),
13	13	this [This] chapter does not affect a local regulation that:
14	14	(1) relates to:
15	15	(A) zoning requirements, including conditional
16	16	use permits;
17	17	(B) hours of operation; or
18	18	(C) other [similar] regulations similar to those
19	19	described by Paragraph (A) or (B) for massage establishments;
20	20	(2) authorizes or requires an investigation into the
21	21	background of an owner or operator of, or an investor in, a massage
22	22	establishment; or
23	23	(3) does not relate directly to the practice of
24	24	massage therapy as performed by a licensed massage therapist,
25	25	including a regulation related to a license holder listed in
26	26	Section 455.004, while the therapist:
27	27	(A) performs under the applicable licensing law;
28	28	and
29	29	(B) works with a licensed massage therapist.
30	30	(b-1) Except as provided by Chapter 243, Local Government
31	31	Code, a political subdivision may not adopt a regulation of the type
32	32	described by Subsection (b) that is more restrictive for massage
33	33	therapists than for other health care professionals.
34	34	(c) A [Except as provided by Chapter 243, Local Government
35	35	Code, a] political subdivision may not adopt a regulation of the
36	36	type described by Subsection (b) that is more restrictive for
37	37	[massage therapists or] massage establishments than for other
38	38	health care [professionals or] establishments, except that a more
39	39	restrictive regulation of the type described by Subsection (b) may
40	40	be adopted:
41	41	(1) as provided by Chapter 243, Local Government Code;
42	42	or
43	43	(2) if the regulation relates to the location,
44	44	ownership, hours of operation, or operation of a massage
45	45	establishment:
46	46	(A) where three or more arrests have occurred or
47	47	citations in lieu of arrest have been issued for an offense under
48	48	Section 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02, Penal Code,
49	49	that was committed at the massage establishment;
50	50	(B) where an offense under Chapter 20A, or
51	51	Section 34.02, 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02, Penal
52	52	Code, was committed that resulted in a conviction;
53	53	(C) that is operating at a location where another
54	54	massage establishment against which a sanction was imposed for a
55	55	violation of this chapter previously operated; or
56	56	(D) that is operating at a location where another
57	57	massage establishment owned or operated by an individual against
58	58	whom a sanction was imposed for a violation of this chapter
59	59	previously operated.
60	60	(c-1) The owner or operator of a massage establishment
61	61	subject to a regulation adopted under Subsection (c)(2)(C) may
62	62	submit a request to the applicable political subdivision for an
63	63	exemption from the regulation. The request must include
64	64	documentation sufficient to demonstrate the owner or operator has
65	65	undertaken or implemented procedures and controls to prevent the
66	66	commission of any offense listed in Subsection (c)(2)(A) or (B).
67	67	(c-2) The governing body of a political subdivision that
68	68	receives a request under Subsection (c-1) shall:
69	69	(1) consider, but is not required to approve, the
70	70	requested exemption at the governing body's next regularly
71	71	scheduled meeting to be held on a date after the date on which the
72	72	request is received and that allows sufficient time to comply with
73	73	Chapter 551, Government Code, if:
74	74	(A) the ownership of the massage establishment
75	75	subject to a regulation adopted under Subsection (c)(2)(C) changed
76	76	less than two years before the date of the request under Subsection
77	77	(c-1); and
78	78	(B) the current owner of the massage
79	79	establishment is not an individual against whom a sanction has been
80	80	imposed for a violation of this chapter; or
81	81	(2) approve the requested exemption as soon as
82	82	practicable after the date on which the request is received if:
83	83	(A) the ownership of the massage establishment
84	84	subject to a regulation adopted under Subsection (c)(2)(C) changed
85	85	at least two years before the date of the request under Subsection
86	86	(c-1);
87	87	(B) in the two-year period preceding the date of
88	88	the request under Subsection (c-1), an arrest has not occurred for,
89	89	a citation in lieu of arrest has not been issued for, and a
90	90	conviction has not resulted from an offense listed in Subsection
91	91	(c)(2)(A) or (B) committed at the massage establishment; and
92	92	(C) the current owner of the massage
93	93	establishment is not an individual against whom a sanction has been
94	94	imposed for a violation of this chapter.
95	95	(e) In this section, "sanction" has the meaning assigned by
96	96	Section 51.001.
97	97	SECTION 2. Subchapter F, Chapter 455, Occupations Code, is
98	98	amended by adding Section 455.252 to read as follows:
99	99	Sec. 455.252. EMERGENCY ORDER. The executive director may
100	100	issue an emergency order under Section 51.3511 halting the
101	101	operation of a massage establishment if:
102	102	(1) a law enforcement agency gives notice to the
103	103	department, or the department otherwise learns, that the law
104	104	enforcement agency is investigating the massage establishment for
105	105	an offense under Chapter 20A, Penal Code; or
106	106	(2) the department has reasonable cause to believe
107	107	that an offense under Chapter 20A, Penal Code, is being committed at
108	108	the massage establishment.
109	109	SECTION 3. This Act takes effect September 1, 2023.
110	110	______________________________ ______________________________
111	111	President of the Senate Speaker of the House
112	112	I certify that H.B. No. 3579 was passed by the House on May
113	113	12, 2023, by the following vote: Yeas 137, Nays 4, 1 present, not
114	114	voting; and that the House concurred in Senate amendments to H.B.
115	115	No. 3579 on May 25, 2023, by the following vote: Yeas 122, Nays 19,
116	116	1 present, not voting.
117	117	______________________________
118	118	Chief Clerk of the House
119	119	I certify that H.B. No. 3579 was passed by the Senate, with
120	120	amendments, on May 22, 2023, by the following vote: Yeas 31, Nays
121	121	0.
122	122	______________________________
123	123	Secretary of the Senate
124	124	APPROVED: __________________
125	125	Date
126	126	__________________
127	127	Governor