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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of massage therapists and massage |
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establishments by political subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 455.005, Occupations Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (e) to read |
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as follows: |
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(b) Subject to Subsection (c), this [This] chapter does not |
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affect a local regulation that: |
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(1) relates to: |
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(A) zoning requirements, including conditional |
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use permits; |
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(B) hours of operation; or |
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(C) other [similar] regulations similar to those |
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described by Paragraph (A) or (B) for massage establishments; |
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(2) authorizes or requires an investigation into the |
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background of an owner or operator of, or an investor in, a massage |
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establishment; or |
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(3) does not relate directly to the practice of |
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massage therapy as performed by a licensed massage therapist, |
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including a regulation related to a license holder listed in |
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Section 455.004, while the therapist: |
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(A) performs under the applicable licensing law; |
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and |
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(B) works with a licensed massage therapist. |
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(c) A [Except as provided by Chapter 243, Local Government |
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Code, a] political subdivision may not adopt a regulation of the |
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type described by Subsection (b) that is more restrictive for |
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massage therapists or massage establishments than for other health |
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care professionals or establishments, except that a more |
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restrictive regulation of the type described by Subsection (b) may |
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be adopted: |
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(1) as provided by Chapter 243, Local Government Code; |
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(2) if regulating the hours of operation of a massage |
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therapist or massage establishment; or |
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(3) if the regulation relates to the ownership or |
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operation of a massage establishment, or the provision of massage |
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therapy, by a person: |
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(A) who has on three or more occasions been |
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arrested or issued a citation in lieu of arrest for an offense under |
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Section 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02, Penal Code; |
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(B) who has been convicted of an offense under |
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Chapter 20A, or Section 34.02, 43.02, 43.021, 43.03, 43.04, 43.05, |
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or 71.02, Penal Code; |
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(C) against whom a sanction has been imposed for |
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a violation of this chapter; or |
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(D) who has owned or operated a massage |
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establishment against which a sanction has been imposed for a |
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violation for this chapter. |
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(e) In this section, "sanction" has the meaning assigned by |
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Section 51.001. |
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SECTION 2. This Act takes effect September 1, 2023. |