BILL ANALYSIS

C.S.H.B. 3579

By: Bumgarner

Licensing & Administrative Procedures

Committee Report (Substituted)

BACKGROUND AND PURPOSE

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 would give TDLR the ability to further combat human trafficking in our communities. C.S.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.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3579 amends the Occupations Code to authorize the executive director of the Texas Department of Licensing and Regulation (TDLR) to issue an emergency order halting the operation of a massage establishment if 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 involving trafficking of persons or if TDLR has reasonable cause to believe that such an offense is being committed at the massage establishment.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3579 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

While both the introduced and the substitute provide for the issuance of an emergency order halting the operation of a massage establishment by the executive director of TDLR under certain circumstances, the substitute makes the issuance discretionary, whereas the introduced made the issuance mandatory.