This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 3579
 
 
 
 
AN ACT
  relating to the regulation of massage therapists and massage
  establishments by the Texas Department of Licensing and Regulation
  and political subdivisions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 455.005, Occupations Code, is amended by
  amending Subsections (b) and (c) and adding Subsections (b-1),
  (c-1), (c-2), and (e) to read as follows:
         (b)  Subject to Subsections (b-1), (c), (c-1), and (c-2),
  this [This] chapter does not affect a local regulation that:
               (1)  relates to:
                     (A)  zoning requirements, including conditional
  use permits;
                     (B)  hours of operation; or
                     (C)  other [similar] regulations similar to those
  described by Paragraph (A) or (B) for massage establishments;
               (2)  authorizes or requires an investigation into the
  background of an owner or operator of, or an investor in, a massage
  establishment; or
               (3)  does not relate directly to the practice of
  massage therapy as performed by a licensed massage therapist,
  including a regulation related to a license holder listed in
  Section 455.004, while the therapist:
                     (A)  performs under the applicable licensing law;
  and
                     (B)  works with a licensed massage therapist.
         (b-1)  Except as provided by Chapter 243, Local Government
  Code, a political subdivision may not adopt a regulation of the type
  described by Subsection (b) that is more restrictive for massage
  therapists than for other health care professionals.
         (c)  A [Except as provided by Chapter 243, Local Government
  Code, a] political subdivision may not adopt a regulation of the
  type described by Subsection (b) that is more restrictive for
  [massage therapists or] massage establishments than for other
  health care [professionals or] establishments, except that a more
  restrictive regulation of the type described by Subsection (b) may
  be adopted:
               (1)  as provided by Chapter 243, Local Government Code;
  or
               (2)  if the regulation relates to the location,
  ownership, hours of operation, or operation of a massage
  establishment:
                     (A)  where three or more arrests have occurred or
  citations in lieu of arrest have been issued for an offense under
  Section 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02, Penal Code,
  that was committed at the massage establishment;
                     (B)  where an offense under Chapter 20A, or
  Section 34.02, 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02, Penal
  Code, was committed that resulted in a conviction;
                     (C)  that is operating at a location where another
  massage establishment against which a sanction was imposed for a
  violation of this chapter previously operated; or
                     (D)  that is operating at a location where another
  massage establishment owned or operated by an individual against
  whom a sanction was imposed for a violation of this chapter
  previously operated.
         (c-1)  The owner or operator of a massage establishment
  subject to a regulation adopted under Subsection (c)(2)(C) may
  submit a request to the applicable political subdivision for an
  exemption from the regulation. The request must include
  documentation sufficient to demonstrate the owner or operator has
  undertaken or implemented procedures and controls to prevent the
  commission of any offense listed in Subsection (c)(2)(A) or (B).
         (c-2)  The governing body of a political subdivision that
  receives a request under Subsection (c-1) shall:
               (1)  consider, but is not required to approve, the
  requested exemption at the governing body's next regularly
  scheduled meeting to be held on a date after the date on which the
  request is received and that allows sufficient time to comply with
  Chapter 551, Government Code, if:
                     (A)  the ownership of the massage establishment
  subject to a regulation adopted under Subsection (c)(2)(C) changed
  less than two years before the date of the request under Subsection
  (c-1); and
                     (B)  the current owner of the massage
  establishment is not an individual against whom a sanction has been
  imposed for a violation of this chapter; or
               (2)  approve the requested exemption as soon as
  practicable after the date on which the request is received if:
                     (A)  the ownership of the massage establishment
  subject to a regulation adopted under Subsection (c)(2)(C) changed
  at least two years before the date of the request under Subsection
  (c-1);
                     (B)  in the two-year period preceding the date of
  the request under Subsection (c-1), an arrest has not occurred for,
  a citation in lieu of arrest has not been issued for, and a
  conviction has not resulted from an offense listed in Subsection
  (c)(2)(A) or (B) committed at the massage establishment; and
                     (C)  the current owner of the massage
  establishment is not an individual against whom a sanction has been
  imposed for a violation of this chapter.
         (e)  In this section, "sanction" has the meaning assigned by
  Section 51.001.
         SECTION 2.  Subchapter F, Chapter 455, Occupations Code, is
  amended by adding Section 455.252 to read as follows:
         Sec. 455.252.  EMERGENCY ORDER. The executive director may
  issue an emergency order under Section 51.3511 halting the
  operation of a massage establishment if:
               (1)  a law enforcement agency gives notice to the
  department, or the department otherwise learns, that the law
  enforcement agency is investigating the massage establishment for
  an offense under Chapter 20A, Penal Code; or
               (2)  the department has reasonable cause to believe
  that an offense under Chapter 20A, Penal Code, is being committed at
  the massage establishment.
         SECTION 3.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3579 was passed by the House on May
  12, 2023, by the following vote:  Yeas 137, Nays 4, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3579 on May 25, 2023, by the following vote:  Yeas 122, Nays 19,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3579 was passed by the Senate, with
  amendments, on May 22, 2023, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor