2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 455 - Massage Therapy › Subchapter H. Other Penalties and Enforcement Provisions › Section 455.351. Injunctive Relief; Civil Penalty

Sec. 455.351.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  The attorney general, a district or county attorney, a municipal attorney, or the department may institute an action for injunctive relief to restrain a violation by a person who:
(1)  appears to be in violation of or threatening to violate this chapter or a rule adopted under this chapter; or
(2)  is the owner or operator of an establishment that offers massage therapy or other massage services regulated by this chapter and is not licensed under this chapter.
(b)  The attorney general, a district or county attorney, a municipal attorney, or the department may institute an action to collect a civil penalty from a person who appears to be in violation of this chapter or a rule adopted under this chapter.  The amount of a civil penalty shall be not less than $1,000 or more than $10,000 for each violation.
(c)  Each day a violation occurs or continues to occur is a separate violation.
(d)  An action filed under this section by the attorney general or the department must be filed in a district court in Travis County or the county in which the violation occurred.
(e)  The attorney general, district and county attorney, municipal attorney, and the department may recover reasonable expenses incurred in obtaining injunctive relief or a civil penalty under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.
(f)  A civil penalty recovered in an action by the attorney general or the department under this section shall be deposited in the state treasury.
(g)  In an injunction issued under this section, a court may include reasonable requirements to prevent further violations of this chapter.
(h)  Notwithstanding Section 22.004, Government Code:
(1)  a person may not continue the enjoined activity pending appeal or trial on the merits of an injunctive order entered in a suit brought under this subchapter;
(2)  not later than the 90th day after the date of the injunctive order, the appropriate court of appeals shall hear and decide an appeal taken by a party enjoined under this subchapter; and
(3)  if an appeal is not taken by a party temporarily enjoined under this article, the parties are entitled to a full trial on the merits not later than the 90th day after the date of the temporary injunctive order.
(i)  In this section:
(1)  "Operator" means a person who is supervising a massage establishment or massage school at the time a violation occurs or the establishment or school is inspected.  If no person is supervising, then any employee, contractor, or agent of the owner who is present at the establishment or school is the operator.
(2)  "Owner" includes a person:
(A)  in whose name a certificate of occupancy has been issued for a massage establishment or massage school and any person having control over that person; or
(B)  who operates a massage establishment or massage school under a lease, operating agreement, or other arrangement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1300 (H.B. 2696), Sec. 31, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1399 (H.B. 2644), Sec. 5, eff. September 1, 2007.