Amend HB 2644 by adding the following appropriately numbered 
SECTIONS to the bill and renumbering existing SECTIONS 
appropriately:
	SECTION ___.  Section 455.104(a), Occupations Code, is 
amended to read as follows:
	(a)  The department, [or] its authorized representative, or 
a peace officer may enter the premises of an applicant for a license 
or a license holder at:
		(1)  reasonable times to conduct an inspection 
incidental to the issuance of a license; and
		(2)  other times that the department or peace officer 
considers necessary to ensure compliance with this chapter and the 
rules adopted under this chapter.
	SECTION ___.  Section 455.351, Occupations Code, is amended 
by amending Subsections (a) and (e) and adding Subsections (g), 
(h), and (i) to read as follows:
	(a)  The attorney general, a district or county attorney, a 
municipal attorney, or the department may institute an action for 
injunctive relief to restrain a violation by a person who:
		(1)  appears to be in violation of or threatening to 
violate this chapter or a rule adopted under this chapter; or
		(2)  is the owner or operator of [operating] an 
establishment that offers massage therapy or other massage services 
regulated by this chapter and is not licensed under this chapter.
	(e)  The attorney general, district and county attorney, 
municipal attorney, and the department may recover reasonable 
expenses incurred in obtaining injunctive relief or a civil penalty 
under this section, including court costs, reasonable attorney's 
fees, investigative costs, witness fees, and deposition expenses.
	(g)  In an injunction issued under this section, a court may 
include reasonable requirements to prevent further violations of 
this chapter.
	(h)  Notwithstanding Section 22.004, Government Code:                   
		(1)  a person may not continue the enjoined activity 
pending appeal or trial on the merits of an injunctive order entered 
in a suit brought under this subchapter;
		(2)  not later than the 90th day after the date of the 
injunctive order, the appropriate court of appeals shall hear and 
decide an appeal taken by a party enjoined under this subchapter; 
and
		(3)  if an appeal is not taken by a party temporarily 
enjoined under this article, the parties are entitled to a full 
trial on the merits not later than the 90th day after the date of the 
temporary injunctive order.
	(i)  In this section:                                                   
		(1)  "Operator" means a person who is supervising a 
massage establishment or massage school at the time a violation 
occurs or the establishment or school is inspected.  If no person is 
supervising, then any employee, contractor, or agent of the owner 
who is present at the establishment or school is the operator.
		(2)  "Owner" includes a person:                                        
			(A)  in whose name a certificate of occupancy has 
been issued for a massage establishment or massage school and any 
person having control over that person; or
			(B)  who operates a massage establishment or 
massage school under a lease, operating agreement, or other 
arrangement.
	SECTION ___.  Section 125.0015(a), Civil Practice and 
Remedies Code, is amended to read as follows:
	(a)  A person who maintains a place to which persons 
habitually go for the following purposes and who knowingly 
tolerates the activity and furthermore fails to make reasonable 
attempts to abate the activity maintains a common nuisance:
		(1)  discharge of a firearm in a public place as 
prohibited by the Penal Code;
		(2)  reckless discharge of a firearm as prohibited by 
the Penal Code;       
		(3)  engaging in organized criminal activity as a 
member of a combination as prohibited by the Penal Code;
		(4)  delivery, possession, manufacture, or use of a 
controlled substance in violation of Chapter 481, Health and Safety 
Code;
		(5)  gambling, gambling promotion, or communicating 
gambling information as prohibited by the Penal Code;
		(6)  prostitution, promotion of prostitution, or 
aggravated promotion of prostitution as prohibited by the Penal 
Code;
		(7)  compelling prostitution as prohibited by the Penal 
Code;               
		(8)  commercial manufacture, commercial distribution, 
or commercial exhibition of obscene material as prohibited by the 
Penal Code;
		(9)  aggravated assault as described by Section 22.02, 
Penal Code;          
		(10)  sexual assault as described by Section 22.011, 
Penal Code;            
		(11)  aggravated sexual assault as described by Section 
22.021, Penal Code; 
		(12)  robbery as described by Section 29.02, Penal 
Code;                    
		(13)  aggravated robbery as described by Section 29.03, 
Penal Code;         
		(14)  unlawfully carrying a weapon as described by 
Section 46.02, Penal Code;
		(15)  murder as described by Section 19.02, Penal Code;  
[or]
		(16)  capital murder as described by Section 19.03, 
Penal Code; or   
		(17)  massage therapy or other massage services in 
violation of Chapter 455, Occupations Code.
	SECTION ___.  The change in law made by this Act to Section 
455.351, Occupations Code, regarding a violation of Chapter 455, 
Occupations Code, or a rule adopted under that chapter, applies 
only to a violation that occurs on or after the effective date of 
this Act.  A violation that occurs before the effective date of this 
Act is governed by the law in effect on the date the violation 
occurred, and the former law is continued in effect for that 
purpose.