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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of massage parlors by certain counties; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 234, Local Government Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. MASSAGE PARLORS IN CERTAIN COUNTIES |
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Sec. 234.101. DEFINITIONS. In this subchapter: |
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(1) "Massage parlor" means a massage establishment |
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that allows: |
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(A) a nude or partially nude employee to provide |
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massage therapy or other massage services to a customer; |
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(B) any individual to engage in sexual contact in |
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the massage establishment; or |
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(C) any individual to practice massage therapy in |
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the nude or in clothing designed to arouse or gratify the sexual |
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desire of any individual. |
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(2) "Nude" and "sexual contact" have the meanings |
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assigned by Section 455.202, Occupations Code. |
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Sec. 234.102. APPLICABILITY. This subchapter applies only |
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to a county with a population of 3.3 million or more. |
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Sec. 234.103. AUTHORITY TO REGULATE. To promote public |
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health, safety, and welfare, the commissioners court of a county by |
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order may prohibit or otherwise regulate massage parlors located in |
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the unincorporated area of the county. |
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Sec. 234.104. INJUNCTION. A district or county attorney |
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may bring suit to enjoin the operation of a massage parlor in |
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violation or threatened violation of a prohibition or other |
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regulation adopted under this subchapter. |
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Sec. 234.105. CIVIL PENALTY. (a) A person who violates a |
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prohibition or regulation adopted by the county under this |
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subchapter is liable to the county for a civil penalty of not more |
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than $1,000 for each violation. Each day a violation continues is |
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considered a separate violation for purposes of assessing the civil |
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penalty. |
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(b) A county may bring suit in a district court to recover a |
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civil penalty authorized by Subsection (a). |
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Sec. 234.106. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person intentionally or knowingly operates a massage |
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parlor in violation of a prohibition or regulation adopted under |
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this subchapter by the commissioners court. |
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(b) An offense under this section is a Class A misdemeanor. |
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Sec. 234.107. CUMULATIVE EFFECT. Authority under this |
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subchapter is cumulative of other authority that a county has to |
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regulate massage parlors and does not limit that other authority. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |