On Monday, March 30th, 2009, the "County Affairs " Committee of the Texas House of Representatives will be hearing testimony from the public in regards to HB 3094 and its companion bill HB 283 "Relating to the regulation of massage parlors by certain counties; providing penalties." If you click on the highlighted or underscored bill numbers you should be able to get to the Texas Legislature On Line website to read the text of the bills. There is also a identical bill referred to the "Criminal Justice" Committee of the Senate: SB 1980
My concerns are that these bills are defining "massage parlors" as Massage Establishments. Because of my discussions with the Representatives and Senators, they have downsized their jurisdiction from State law to local government code. Although the legislators are targeting County Government Codes, they are still equating "massage parlors" with legitimate Massage Establishments and using our Occupations Code to try to regulate prostitution in the unincorporated areas of Texas.
This law would give local governments more access to the "massage parlors", but at the same time has the potential to affect legitimate massage practices that are not in compliance with the law. Ordinarily I wouldn't have a problem with penalties imposed on Licensed Massage Therapists or Establishments who were not in compliance with the law, but I know for a fact that there are well meaning therapists who are practicing in a group without "Establishment" licenses. There is potential for fines of $1000.00 a day if those persons are not in compliance with the law. These lawmakers are targeting the "bad actors" who are sexualizing massage therapy, and the law reads:
Sec. 234.106. CRIMINAL PENALTY. (a) A person commits an offense if the person intentionally or knowingly operates a massage parlor in violation of a prohibition or regulation adopted under this subchapter by the commissioners court.
(b) An offense under this section is a Class A misdemeanor.
If you are concerned about any language in the law defining a massage parlor as a massage establishment, then I recommend that you contact the members of the committee and your Representative and Senator to make a statement. If you would like to testify at the capital, that would also be great. Below is the contact information for the County Affairs committee. You could also contact the authors of these bills: Rep. Riddle, Rep. Harless and Senator Patrick.
This is a Call to Action!
Sincerely,
Janine Ray, LMT, MTI, ME Owner, CE Provider
Legislative Chairperson
Texas Association of Massage Therapists
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