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AN ACT
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relating to the regulation of massage parlors by 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 |
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Sec. 234.101. DEFINITIONS. In this subchapter: |
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(1) "Massage parlor" means a business establishment |
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that purports to provide massage services and that allows: |
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(A) a nude person to provide massage services to |
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a customer; |
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(B) a person to engage in sexual contact for |
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compensation; or |
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(C) a person to provide massage services in |
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clothing intended to arouse or gratify the sexual desire of any |
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person. |
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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. 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. 234.103. INJUNCTION. If a massage parlor has |
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previously violated a prohibition or other regulation adopted under |
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this subchapter, a district or county attorney may bring suit to |
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enjoin the operation of a massage parlor in violation or threatened |
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violation of a prohibition or other regulation adopted under this |
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subchapter. |
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Sec. 234.104. 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. 234.105. 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. 234.106. 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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Sec. 234.107. EFFECT ON OTHER LAWS. (a) This subchapter |
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does not legalize anything prohibited under the Penal Code or other |
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state law. |
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(b) A person who is subject to prosecution under this |
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section and any other law may be prosecuted under either or both |
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laws. |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3094 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3094 on May 29, 2009, by the following vote: Yeas 144, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3094 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |