88R9888 JCG-F
By: Parker, Springer S.B. No. 1009
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 Subsection (e) to read
as follows:
(b) Subject to Subsection (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.
(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;
(2) if regulating the hours of operation of a massage
therapist or massage establishment; or
(3) if the regulation relates to the ownership or
operation of a massage establishment, or the provision of massage
therapy, by a person:
(A) who has on three or more occasions been
arrested or issued a citation in lieu of arrest for an offense under
Section 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02, Penal Code;
(B) who has been convicted of an offense under
Chapter 20A, or Section 34.02, 43.02, 43.021, 43.03, 43.04, 43.05,
or 71.02, Penal Code;
(C) against whom a sanction has been imposed for
a violation of this chapter; or
(D) who has owned or operated a massage
establishment against which a sanction has been imposed for a
violation for this chapter.
(e) In this section, "sanction" has the meaning assigned by
Section 51.001.
SECTION 2. This Act takes effect September 1, 2023.