H.B. No. 3579
AN ACT
relating to the regulation of massage therapists and massage
establishments by the Texas Department of Licensing and Regulation
and 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),
(c-1), (c-2), and (e) to read as follows:
(b) Subject to Subsections (b-1), (c), (c-1), and (c-2),
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,
that was committed at the massage establishment;
(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, was committed 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.
(c-1) The owner or operator of a massage establishment
subject to a regulation adopted under Subsection (c)(2)(C) may
submit a request to the applicable political subdivision for an
exemption from the regulation. The request must include
documentation sufficient to demonstrate the owner or operator has
undertaken or implemented procedures and controls to prevent the
commission of any offense listed in Subsection (c)(2)(A) or (B).
(c-2) The governing body of a political subdivision that
receives a request under Subsection (c-1) shall:
(1) consider, but is not required to approve, the
requested exemption at the governing body's next regularly
scheduled meeting to be held on a date after the date on which the
request is received and that allows sufficient time to comply with
Chapter 551, Government Code, if:
(A) the ownership of the massage establishment
subject to a regulation adopted under Subsection (c)(2)(C) changed
less than two years before the date of the request under Subsection
(c-1); and
(B) the current owner of the massage
establishment is not an individual against whom a sanction has been
imposed for a violation of this chapter; or
(2) approve the requested exemption as soon as
practicable after the date on which the request is received if:
(A) the ownership of the massage establishment
subject to a regulation adopted under Subsection (c)(2)(C) changed
at least two years before the date of the request under Subsection
(c-1);
(B) in the two-year period preceding the date of
the request under Subsection (c-1), an arrest has not occurred for,
a citation in lieu of arrest has not been issued for, and a
conviction has not resulted from an offense listed in Subsection
(c)(2)(A) or (B) committed at the massage establishment; and
(C) the current owner of the massage
establishment is not an individual against whom a sanction has been
imposed for a violation of this chapter.
(e) In this section, "sanction" has the meaning assigned by
Section 51.001.
SECTION 2. Subchapter F, Chapter 455, Occupations Code, is
amended by adding Section 455.252 to read as follows:
Sec. 455.252. EMERGENCY ORDER. The executive director may
issue an emergency order under Section 51.3511 halting the
operation of a massage establishment if:
(1) a law enforcement agency gives notice to the
department, or the department otherwise learns, that the law
enforcement agency is investigating the massage establishment for
an offense under Chapter 20A, Penal Code; or
(2) the department has reasonable cause to believe
that an offense under Chapter 20A, Penal Code, is being committed at
the massage establishment.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3579 was passed by the House on May
12, 2023, by the following vote: Yeas 137, Nays 4, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3579 on May 25, 2023, by the following vote: Yeas 122, Nays 19,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3579 was passed by the Senate, with
amendments, on May 22, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor