BILL ANALYSIS

 

 

Senate Research Center

H.B. 3579

88R20484 JCG-D

By: Bumgarner (King)

 

Business & Commerce

 

5/17/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The presence of human trafficking at many massage establishments across Texas is concerning, and law enforcement has struggled to shut down businesses when human trafficking is suspected because the business can simply change ownership and reestablish itself under new management in the same location. Allowing the Texas Department of Licensing and Regulation (TDLR) to issue an emergency order halting all business at an establishment where human trafficking activity is suspected by law enforcement would give TDLR the ability to further combat human trafficking in our communities. H.B. 3579 seeks to address this issue by allowing the executive director of TDLR to issue an emergency order halting the operation of a massage establishment if law enforcement or TDLR believes human trafficking is occurring at the establishment.

 

H.B. 3579 amends current law relating to the issuance of an emergency order by the Texas Department of Licensing and Regulation against a massage establishment.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter F, Chapter 455, Occupations Code, by adding Section 455.252, as follows:

 

Sec. 455.252. EMERGENCY ORDER. Authorizes the executive director of the Texas Department of Licensing and Regulation to (TDLR) to issue an emergency order under Section 51.3511 (Issuance of Emergency Orders) halting the operation of a massage establishment if:

 

(1) a law enforcement agency gives notice to TDLR, or TDLR otherwise learns, that the law enforcement agency is investigating the massage establishment for an offense under Chapter 20A (Trafficking of Persons), Penal Code; or

 

(2) TDLR has reasonable cause to believe that an offense under Chapter 20A, Penal Code, is being committed at the massage establishment.

 

SECTION 2. Effective date: September 1, 2023.