| |
| |
|
|
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 Subsections (b-1) and |
|
|
(e) to read as follows: |
|
|
(b) Subject to Subsections (b-1) and (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. |
|
|
(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; |
|
|
(2) if regulating the hours of operation of a massage |
|
|
establishment; or |
|
|
(3) if the regulation relates to the location, |
|
|
ownership, 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; |
|
|
(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, occurred 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. |
|
|
(e) In this section, "sanction" has the meaning assigned by |
|
|
Section 51.001. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |