Sec. 455.005. EFFECT ON LOCAL LAW. (a) Except as provided by Subsection (b), this chapter supersedes any regulation adopted by a political subdivision of this state relating to the licensing or regulation of massage therapists.
(b) This chapter does not affect a local regulation that:
(1) relates to zoning requirements or other similar regulations 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.
(c) 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.
(d) This chapter may not be construed to limit a municipality's authority to regulate establishments that offer bathing or showering services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1300 (H.B. 2696), Sec. 3, eff. September 1, 2005.