Texas Senate Bill SB2948

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to certain civil penalties collected for violations of laws regulating massage therapy.

Summary

Senate Bill 2948 seeks to amend the Occupations Code by introducing changes to how civil penalties are handled in cases related to massage therapy violations. Specifically, the bill mandates that any civil penalties collected by district or county attorneys in such actions be deposited into the general fund of the respective county. Similarly, penalties recovered by municipal attorneys will be directed to the general fund of the municipality. This change is aimed at ensuring that penalties serve a direct financial benefit to local jurisdictions, potentially allowing them to allocate those funds toward enforcement or public health measures related to massage therapy regulations. The impact of SB 2948 is significant, as it potentially alters the flow of financial resources derived from civil penalties, reinforcing local control over funds that arise from regulatory enforcement actions. By stipulating that these penalties go directly into the local government coffers, the bill emphasizes the importance of local oversight and financial responsibility for regulatory compliance. This could lead to improved local enforcement mechanisms and increased resources available for monitoring compliance with massage therapy regulations. Notably, the bill may face contention surrounding the appropriate allocation of civil penalty revenues. Critics may argue that funneling these funds exclusively to local governments could lessen the deterrent effect of penalties if local entities begin to rely on them as regular income. Discussions may arise around whether such funding strategies incentivize local governments to impose stricter regulations or, instead, result in disproportionate enforcement targeting specific establishments rather than addressing broader issues within the industry. Additionally, concerns could be raised about the transparency and accountability of local fund usage. Stakeholders may question how effectively local governments will utilize the collected penalties to improve public health and safety in the massage therapy sector. As discussions progress, the debate may explore the balance between sufficient enforcement of regulations and ensuring fair treatment of businesses within the industry.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 455. Massage Therapy
  • Section: 351