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	Amend CSHB 459 (house committee printing) by adding the 
following appropriately numbered SECTION to the bill and 
renumbering subsequent SECTIONS of the bill accordingly:
	SECTION ____.  Chapter 234, Local Government Code, is 
amended by adding Subchapter D to read as follows:

SUBCHAPTER D.  MASSAGE PARLORS IN CERTAIN COUNTIES
	Sec. 234.101.  DEFINITIONS.  In this subchapter:                        
		(1)  "Massage parlor" means a massage establishment 
that allows:     
			(A)  a nude or partially nude employee to provide 
massage therapy or other massage services to a customer;
			(B)  any individual to engage in sexual contact in 
the massage establishment; or
			(C)  any individual to practice massage therapy in 
the nude or in clothing designed to arouse or gratify the sexual 
desire of any individual.
		(2)  "Nude" and "sexual contact" have the meanings 
assigned by Section 455.202, Occupations Code.
	Sec. 234.102.  APPLICABILITY.  This subchapter applies only 
to a county with a population of 3.3 million or more.
	Sec. 234.103.  AUTHORITY TO REGULATE. To promote public 
health, safety, and welfare, the commissioners court of a county by 
order may prohibit or otherwise regulate massage parlors located in 
the unincorporated area of the county.
	Sec. 234.104.  INJUNCTION.  A district or county attorney 
may bring suit to enjoin the operation of a massage parlor in 
violation or threatened violation of a prohibition or other 
regulation adopted under this subchapter.
	Sec. 234.105.  CIVIL PENALTY.  (a)  A person who violates a 
prohibition or regulation adopted by the county under this 
subchapter is liable to the county for a civil penalty of not more 
than $1,000 for each violation.  Each day a violation continues is 
considered a separate violation for purposes of assessing the civil 
penalty.
	(b)  A county may bring suit in a district court to recover a 
civil penalty authorized by Subsection (a).
	Sec. 234.106.  CRIMINAL PENALTY. (a) A person commits an 
offense if the person intentionally or knowingly operates a massage 
parlor in violation of a prohibition or regulation adopted under 
this subchapter by the commissioners court.
	(b)  An offense under this section is a Class A misdemeanor.            
	Sec. 234.107.  CUMULATIVE EFFECT.  Authority under this 
subchapter is cumulative of other authority that a county has to 
regulate massage parlors and does not limit that other authority.