Texas House Bill HB3579

Texas 2023 - 88th Regular

• Filed: 3/6/23
• Out of House Committee: 4/27/23
• Voted on by House: 5/12/23
• Out of Senate Committee: 5/19/23
• Voted on by Senate: 5/22/23
• Governor Action: 6/12/23

Caption

Relating to the regulation of massage therapists and massage establishments by the Texas Department of Licensing and Regulation and political subdivisions.

Impact

If enacted, HB 3579 will significantly impact how massage establishments are regulated in Texas. The bill introduces provisions that allow TDLR to take immediate action against facilities suspected of human trafficking activities, which could lead to increased scrutiny and compliance requirements for massage businesses. Local governments retain some authority to regulate these establishments, but the overarching state law will set strict guidelines that enhance accountability and safety concerns pertaining to the massage therapy sector. Furthermore, there are stipulated processes for owners to request exemptions from specific regulations, showcasing a balance between regulatory oversight and operational flexibility.

Summary

House Bill 3579, introduced by Representative Bumgarner, focuses on enhancing the regulatory framework governing massage therapists and establishments in Texas, specifically with the aim of combating human trafficking. The bill empowers the Texas Department of Licensing and Regulation (TDLR) to issue emergency orders that may halt the operations of massage establishments under investigation for offenses related to human trafficking. The addition of this regulatory tool seeks to strengthen the state's ability to respond quickly to potential cases of exploitation within the massage industry.

Sentiment

The sentiment around HB 3579 largely reflects a commitment to public safety and the prevention of human trafficking. Supporters of the bill express strong support for measures aimed at eradicating exploitation in the massage industry and view the enhanced powers given to TDLR as a necessary step forward. However, there is also concern regarding the implications for local control over business regulations and how the definitions of 'emergency' and 'investigation' might affect legitimate massage therapy operations, thus stirring debates over the balance between effective law enforcement and business rights.

Contention

Notable points of contention surrounding HB 3579 include discussions on the scope of the TDLR's authority and the potential for unintended consequences on legitimate businesses. Critics argue that the ability to issue emergency orders may lead to overreach and precipitate undue harm to establishments that are not involved in illegal activities. While the aim of the bill is to protect vulnerable populations from exploitation, stakeholders emphasize the need for careful implementation to ensure the rights of non-offending massage therapists and to avoid creating a chilling effect on the industry.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 455. Massage Therapy
  • Section: 005
  • Section: New Section
  • Section: 252
  • Section: 252
  • Section: 252

Local Government Code

• Chapter 243. Municipal And County Authority To Regulate Sexually Oriented Business
  • Section: New Section

Penal Code

• Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section