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.