Category Archives: Texas Legislature

Bills having or trying to pass through TX Legislature in regards to adult activities.

HB 289

At the bottom is a side to side scroll bar if you can't see the whole text. 

	82R121 CAE-D

 	 By: Jackson, Anchia, Weber, Thompson,	H.B. No. 289
 	     Harless

A BILL TO BE ENTITLED

AN ACT

 	relating to activity that constitutes maintaining a common

 	nuisance.

 	       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 	       SECTION 1.  Section 125.0015(a), Civil Practice and Remedies

 	Code, is amended to read as follows:

 	       (a) A person who maintains a place to which persons habitually
 go for the following purposes and who knowingly tolerates the activity and furthermore
 fails to make reasonable attempts to abate the activity maintains a common nuisance:

 	             (1)  discharge of a firearm in a public place as

 	prohibited by the Penal Code;

 	             (2)  reckless discharge of a firearm as prohibited by

 	the Penal Code;

 	             (3)  engaging in organized criminal activity as a

 	member of a combination as prohibited by the Penal Code;

 	             (4)  delivery, possession, manufacture, or use of a

 	controlled substance in violation of Chapter 481, Health and Safety

 	Code;

 	             (5)  gambling, gambling promotion, or communicating

 	gambling information as prohibited by the Penal Code;

 	             (6)  prostitution, promotion of prostitution, or

 	aggravated promotion of prostitution as prohibited by the Penal

 	Code;

 	             (7)  compelling prostitution as prohibited by the Penal

 	Code;

 	             (8)  commercial manufacture, commercial distribution,

 	or commercial exhibition of obscene material as prohibited by the

 	Penal Code;

 	             (9)  aggravated assault as described by Section 22.02,

 	Penal Code;

 	             (10)  sexual assault as described by Section 22.011,

 	Penal Code;

 	             (11)  aggravated sexual assault as described by Section

 	22.021, Penal Code;

 	             (12)  robbery as described by Section 29.02, Penal

 	Code;

 	             (13)  aggravated robbery as described by Section 29.03,

 	Penal Code;

 	             (14)  unlawfully carrying a weapon as described by

 	Section 46.02, Penal Code;

 	             (15)  murder as described by Section 19.02, Penal Code;

 	             (16)  capital murder as described by Section 19.03,

 	Penal Code;

 	             (17)  continuous sexual abuse of young child or

 	children as described by Section 21.02, Penal Code; [or]

 	             (18)  massage therapy or other massage services in

 	violation of Chapter 455, Occupations Code;

 	             (19)  employing a minor at a sexually oriented business

 	as defined by Section 243.002, Local Government Code;

 	             (20)  trafficking of persons as described by Section

 	20A.02, Penal Code;

 	             (21)  sexual conduct or performance by a child as

 	described by Section 43.25, Penal Code; or

 	             (22)  employment harmful to a child as described by

 	Section 43.251, Penal Code.

 	       SECTION 2.  The change in law made by this Act applies only

 	to a cause of action that accrues on or after the effective date of

 	this Act. A cause of action that accrues before the effective date

 	of this Act is governed by the law in effect immediately before that

 	date, and that law is continued in effect for that purpose.

 	       SECTION 3.  This Act takes effect September 1, 2011.


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The other bill of interest.

Yesterday, I posted that there were two bills going through the legislature which may be of interest to alternative providers (FBSM and the like) yet I only discussed one. My bad.

The other one is SB 1084 which relates to alternative and complimentary health services.

(a) In this chapter, “complementary and alternative health care services” means the broad domain of complementary and alternative healing methods, healing therapies, treatments, and services that:(1)  are provided by persons who are not licensed, certified, or registered as health care practitioners or professionals by an occupational regulatory agency of this state; and(2)  are not prohibited by Section 704.051.(b)  Complementary and alternative health care services include:(1)  acupressure;(2)  anthroposophy;(3)  aromatherapy;(4)  Ayurveda;(5)  cranial sacral therapy;(6)  culturally traditional healing practices;(7)  detoxification practices and therapies;(8)  energetic healing;(9)  polarity therapy;(10)  folk practices;(11)  healing practices using food, food supplements, nutrients, and the physical forces of heat, cold, water, touch, and light;(12)  Gerson therapy;(13)  colostrum therapy;(14)  healing touch;(15)  herbology or herbalism;(16)  homeopathy;(17)  nondiagnostic iridology;(18)  bodywork;(19)  meditation;(20)  mind-body healing practices;(21)  naturopathy;(22)  noninvasive instrumentalities; and(23)  traditional Oriental practices, such as qigong energy healing.

Now apparently, since no license or certification is required, you don’t have to register with the state in order to do the above. Basically you can just start your own business and set up shop somewhere. HOWEVER, and you know there are always ‘howevers’, there are prohibited acts. According to the bill:

A person may not in connection with providing a complementary and alternative health care service:(1)  conduct surgery or any other procedure that punctures the skin or that harmfully invades the body, other than pricking a finger to obtain a small amount of blood for screening purposes;(2)  administer to or prescribe for another person x-ray radiation;(3)  administer to or prescribe for another person legend drugs, dangerous drugs, or controlled substances;(4)  recommend that a person discontinue medical care or a medical treatment prescribed by a licensed health care practitioner;(5)  provide a conventional medical disease diagnosis;(6)  perform a chiropractic adjustment of an articulation of the spine; or(7)  represent, state, indicate, advertise, or imply that the person is a physician, surgeon, or medical doctor or that the person is licensed, certified, or registered by this state to practice a health care profession.

No problem whatsoever with that and wholeheartedly agree that those prohibited acts should only be done by a well trained and experienced practitioner.

Something else I agree with is the required disclosure. Let the buyer decide. Give full disclosure and let them know what you do and what you are or are not. It’s like cigarrette warning labels. Look we are telling you that this could happen (cancer, birth defects, etc) but we are going to let YOU, the adult, decide for yourself. What is wrong with that? Here is the disclosure as required for complementary/alternative health care practices.

by the person is recognized by this state; and(D)  containing the following statement in bold print:“THE STATE OF TEXAS HAS NOT ADOPTED ANY EDUCATIONAL OR TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS DISCLOSURE IS FOR INFORMATIONAL PURPOSES ONLY.Under Texas law, an unlicensed complementary and alternative health care practitioner may not provide a medical diagnosis or recommend that a person discontinue a medically prescribed treatment. A client may seek at any time a diagnosis from a licensed physician, chiropractor, or acupuncture practitioner or a service from a physician, chiropractor, dentist, nurse, osteopath, physical therapist, occupational therapist, massage therapist, dietitian, midwife, acupuncture practitioner, athletic trainer, or any other type of licensed health care practitioner.”;(2)  obtain a signed acknowledgment from the client that the client has been provided a copy of the statement required by Subdivision (1); and(3)  provide a copy of the statement and signed acknowledgment to the client.(b)  The complementary and alternative health care service provider shall retain a copy of the signed acknowledgment under Subsection (a)(2) until the second anniversary of the date the statement is signed.

Ok why can’t sex work have something like this? Sex work can be considered alternative health services if you ask me as it does have health benefits (see 10 Surprising Health Benefits of Sex). I don’t think that most adult sex workers would have a problem and may just encourage disclosures such as “Sexual intercourse does pose a risk of contracting STD’s, Hep C, etc. To minimize these risks, condom use is required blah blah blah.” Hell, I would post that in a neon sign in five different languages if it was required as a disclosure to allow adults informed consensual services. Most if not all adults know this already but hey, if it makes the state feel better and allows adults the freedom to make informed choices then I’m all for it.

SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2011.

 

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For FBSM providers in Texas.

There are two bills going through the Texas state legislature at this time which may be of interest to full body sensual massage providers. At this time I do not know what other states are doing.

One is 82(R) HB 722. The key points of this (as I am reading it and remember I’m not some legal guru are as follows:

(7)  “Massage therapist” means a person who practices,
[or] administers, or offers to practice or administer massage
therapy or other massage  services to a client for
compensation.

The underlined portion is what has been added. As with prostitution, you no longer have to actually give the massage. You are guilty if you simply offer (advertise) it.

Reflexology has been added to massage modalities defined in the Occupation Code. You can not perform reflexology unless licensed to do so under a massage license.

Under sexual contact prohibited, the following statements were added:

(9-e) “Sexual contact” includes:
(A)  any touching of any part of the genitalia or
anus;
(B)  any touching of the breasts of a female
without the written consent of the female;
(C)  any offer or agreement to engage in any
activity described in Paragraph (A) or (B);
(D)  kissing without the consent of both persons;
(E)  deviate sexual intercourse, sexual contact,
sexual intercourse, indecent exposure, sexual assault,
prostitution, and promotion of prostitution as described in
Chapters 21, 22, and 43, Penal Code, or any offer or agreement to
engage in such activities;
(F)  any behavior, gesture, or expression that may
reasonably be interpreted as inappropriately seductive or sexual;
or
(G)  inappropriate sexual comments about or to a
client, including sexual comments about a person’s body.

All of the above has been added. I underlined some parts for emphasis. So in other words, sign here if you want to touch my breast. Hope to hell I don’t get an eyelash in my eye and inadvertently wink at you because I would not want that to be interpreted as a sexual gesture. I will no longer speak to you because something I say you may deem as inappropriate. Can we make this any more clinical and less relaxing for massage customers?

(a-1)  The department, its authorized representative, or a
peace officer may enter the premises of a place of business that
represents itself as a  massage  establishment, regardless of whether
the business holds an appropriate license issued under this chapter
at any time that the department or peace officer considers
necessary to ensure compliance with this chapter and the rules
adopted under this chapter.

Now on this page it does not state the definition of a ‘massage establishment’ so I went to the current occupations code which defines it as:

(5)  “Massage establishment” means a place of business
that advertises or offers massage therapy or other massage
services.  The term includes a place of business that advertises or
offers any service described by a derivation of the terms “massage
therapy” or “other massage services.”

I would like to get clarification on this. Sounds to me that yes, this could mean your house, apartment, bedroom. If you are offering massage services at a certain place, that place is considered a business. So now your residence, if suspected of being part business, is subject to the authorities coming in at any time? I am relatively sure of the intent of this wording but is it ambiguous enough to be left open to interpretation by law enforcement? Like I said, I’m no expert.

(a)  A  massage  therapist may not:
(1)  perform or offer to perform massage therapy or
other massage services for compensation or without compensation at
or for:
(A)  a sexually oriented business; or
(B)  a place of business that represents itself as
a massage establishment, unless the establishment holds an
appropriate license issued under this chapter;
(2)  perform or offer to perform massage therapy or
other massage services for compensation or without compensation
unless the massage therapist is a United States citizen or a legal
permanent resident with a valid work permit; or
(3)  while nude or in clothing designed to arouse or
gratify the sexual desire of an individual, provide massage therapy
or other massage services to a customer.

So you can’t even give away a massage for free unless you are a US citizen or have a work permit. Lord forbid if you want to wear comfortable clothes too. Now you are required to wear a burqa less someone thinks you are dressed provocatively. Hey, some women look pretty sexy in a t-shirt. Just saying…

(f)  While in a massage establishment, a person may not:
(1)  engage in sexual conduct;
(2)  possess a device or item intended to provide
sexual stimulation or sexual gratification to any person; or
(3)  possess clothing designed to arouse or gratify the
sexual desire of any person.

If you plan on hitting the clubs after work, can’t bring your sexy little black dress to work with you anymore. You don’t have to be wearing it, just possess it.


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