City officials are working with the local legislative delegation to seek passage of legislation that would authorize municipal governments to enact reasonable restrictions on the operating hours of massage parlors and similar businesses as defined under Texas law, and to further regulate individual massage parlors and similar businesses with a history of criminal offenses.

HB-2134 was filed in the House on February 9 by State Rep. Kronda Thimesch. Link to press release on HB-2134.

HB-2134 update: A public hearing was held on March 29 in the Licensing & Administrative Procedures Committee. Mayor TJ Gilmore and Police Chief Kevin Deaver testified in support of the bill. To see their testimony, please visit the Letters and Testimony page.

HB-2134 update: HB-2134 was reported favorably with amendments out of the Licensing & Administrative Procedures Committee on April 5. The amendment is intended to ensure the bill focuses enforcement on business operators rather than on individual message providers who might be victims of trafficking.

HB-2134 update: HB-2134 was passed unanimously by the House on May 2 and sent to the Senate, where it was assigned to the Business & Commerce Committee. It has not yet been scheduled for a public hearing in that committee.

HB-2134 update: The bill was amended to address a concern raised by the Governor's Office, but was not scheduled for a hearing in Senate Business & Commerce Committee. The content of HB-2134 was added as a Senate floor amendment to HB-3579, filed by Rep. Ben Bumgarner, which relates to the issuance of an emergency order by the Texas Department of Licensing and Regulation against a massage establishment. The amended bill passed the Senate on May 22.

HB-3579 update: Rep. Bumgarner concurred with the amendment from the Senate and the House approved the amended bill on May 25. The bill, which includes the language from HB-2134, was sent to the Governor's Office on May 30 and awaits his signature.

Lewisville officials want to express our appreciation to members of the local legislative delegation - Rep. Ben Bumgarner, Rep. Kronda Thimesch, Sen. Tan Parker, and Sen. Drew Springer - for their work on this measure.

HB-3579 was signed by Gov. Greg Abbott on June 12.

SB-1009 was filed in the Senate on February 17 by State Sen. Tan Parker. Link to press release on SB-1009. SB-1009 has been referred to the Senate Business & Commerce Committee.

SB 1009 update: The bill has been assigned to the Business & Commerce Committee. It has not yet been scheduled for a public hearing.

Background and Purpose

Prostitution (sometimes related to human trafficking) at less-reputable massage parlors is a problem in Texas cities and poses a risk to public health and safety. Existing Texas Department of Licensing and Regulation (TDLR) rules do not adequately address this issue. For example, fines for violating TDLR massage therapy regulations are generally $500, which the business owner will quickly pay because prostitutes working at these establishments regularly earn more than that in a single day. Moreover, TDLR does not have an investigative branch. Further compounding the problem is the lack of tools available to cities to regulate the operation of massage parlors other than zoning (prior to opening) and occupancy permits. For example, when local police make a prostitution arrest at a massage parlor, the business will close temporarily but often reopens within 24 hours offering the same services. Because the businesses reopen so quickly, undercover operations are limited because departments run out of officers who can participate in the assignment without being recognized.

Analysis

The proposed bill would allow cities to regulate licensed massage parlors at which there have been convictions or multiple arrests for certain crimes related to prostitution, human trafficking, and organized crime. The proposed regulations would close the subject business and make it more difficult for the business to resume operations. This measure also would make it easier for local police departments to investigate and make arrests for these crimes.