Texas 2019 - 86th Regular

Texas House Bill HB1865 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1865
	1	+	By: Landgraf, et al. (Senate Sponsor - Nelson) H.B. No. 1865
	2	+	(In the Senate - Received from the House April 30, 2019;
	3	+	May 3, 2019, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2019, reported favorably by the following vote:
	5	+	Yeas 8, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the licensing and regulation of massage therapy;
6	12		requiring a student permit; authorizing fees.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 455.152, Occupations Code, is amended to
9	15		read as follows:
10	16		Sec. 455.152. INELIGIBILITY FOR LICENSE. [(a)] A person is
11	17		not eligible for a license as a massage establishment, massage
12	18		school, massage therapist, or massage therapy instructor if the
13	19		person is an individual and has been convicted of, entered a plea of
14	20		nolo contendere or guilty to, or received deferred adjudication for
15	21		an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter
16	22		43, Penal Code, or another sexual offense.
17	23		[(b) A person convicted of a violation of this chapter is
18	24		ineligible for a license as a massage establishment, massage
19	25		school, massage therapist, or massage therapy instructor until the
20	26		fifth anniversary of the date of the conviction.]
21	27		SECTION 2. Section 455.1525, Occupations Code, is amended
22	28		to read as follows:
23	29		Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION
24	30		REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The
25	31		department shall require an applicant for a license to submit a
26	32		complete and legible set of fingerprints, on a form prescribed by
27	33		the department, to the department or to the Department of Public
28	34		Safety for the purpose of obtaining criminal history record
29	35		information from the Department of Public Safety and the Federal
30	36		Bureau of Investigation [On receipt of an application for a license
31	37		under this chapter, the department shall conduct a criminal
32	38		background check on the applicant].
33	39		(b) The department may not issue a license to a person who
34	40		does not comply with the requirement of Subsection (a).
35	41		(c) The department shall conduct a criminal history record
36	42		information check of each applicant for a license using
37	43		information:
38	44		(1) provided by the individual under this section; and
39	45		(2) made available to the department by the Department
40	46		of Public Safety, the Federal Bureau of Investigation, and any
41	47		other criminal justice agency under Chapter 411, Government Code.
42	48		(d) The department may:
43	49		(1) enter into an agreement with the Department of
44	50		Public Safety to administer a criminal history record information
45	51		check required under this section; and
46	52		(2) authorize the Department of Public Safety to
47	53		collect from each applicant the costs incurred by the Department of
48	54		Public Safety in conducting the criminal history record information
49	55		check.
50	56		(e) For purposes of this section, if the applicant for a
51	57		license is an entity, the applicant must submit fingerprints as
52	58		required by Subsection (a) for each individual who:
53	59		(1) personally or constructively holds, including as
54	60		the beneficiary of a trust:
55	61		(A) at least 10 percent of the entity's
56	62		outstanding stock; or
57	63		(B) more than $25,000 of the fair market value of
58	64		the entity;
59	65		(2) has the controlling interest in the entity;
60	66		(3) has a direct or indirect participating interest
61	67		through shares, stock, or otherwise, regardless of whether voting
62	68		rights are included, of more than 10 percent of the profits,
63	69		proceeds, or capital gains of the entity;
64	70		(4) is a member of the board of directors or other
65	71		governing body of the entity; or
66	72		(5) serves as:
67	73		(A) an elected officer of the entity; or
68	74		(B) a general manager of the entity.
69	75		SECTION 3. Section 455.160(h), Occupations Code, is amended
70	76		to read as follows:
71	77		(h) On receipt of a request for a renewal of a license issued
72	78		under this chapter, the department shall [may] conduct a criminal
73	79		background check under Section 455.1525.
74	80		SECTION 4. Subchapter D, Chapter 455, Occupations Code, is
75	81		amended by adding Section 455.161 to read as follows:
76	82		Sec. 455.161. STUDENT PERMIT; ELIGIBILITY. (a) The
77	83		department shall require a student enrolled in a massage school in
78	84		this state to hold a permit stating the student's name and the name
79	85		of the school. The permit must be displayed in a reasonable manner
80	86		at the school.
81	87		(b) The department shall issue a student permit to an
82	88		applicant who submits an application to the department for a
83	89		student permit accompanied by any required fee.
84	90		(c) An applicant for a student permit described by this
85	91		section shall:
86	92		(1) submit an enrollment application to the department
87	93		in a form and manner prescribed by the department; and
88	94		(2) satisfy other requirements specified by the
89	95		department.
90	96		SECTION 5. Subchapter E, Chapter 455, Occupations Code, is
91	97		amended by adding Section 455.2035 to read as follows:
92	98		Sec. 455.2035. REPORTS TO DEPARTMENT. (a) A massage school
93	99		shall maintain a monthly progress report regarding each student
94	100		attending the school. The report must certify the daily attendance
95	101		record of each student and the number of credit hours earned by each
96	102		student during the previous month.
97	103		(b) On a student's completion of a prescribed course of
98	104		instruction, the school shall notify the department that the
99	105		student has completed the required number of hours and is eligible
100	106		to take the appropriate examination.
101	107		SECTION 6. Section 455.158, Occupations Code, is repealed.
102	108		SECTION 7. Not later than March 1, 2020, the Texas
103	109		Commission of Licensing and Regulation shall adopt rules necessary
104	110		to implement the changes in law made by this Act to Chapter 455,
105	111		Occupations Code.
106	112		SECTION 8. (a) Section 455.1525, Occupations Code, as
107	113		amended by this Act, applies only to an application for a license
108	114		submitted on or after the effective date of this Act. An
109	115		application for a license submitted before that date is governed by
110	116		the law in effect on the date the application was submitted, and the
111	117		former law is continued in effect for that purpose.
112	118		(b) Not later than September 1, 2021, the Texas Department
113	119		of Licensing and Regulation shall obtain criminal history record
114	120		information on each person who, on the effective date of this Act,
115	121		holds a license issued under Chapter 455, Occupations Code, and did
116	122		not undergo a criminal history record information check based on
117	123		the license holder's fingerprints on initial application for the
118	124		license. The department may suspend the license of a license holder
119	125		who does not provide the criminal history record information as
120	126		required by the department and this subsection.
121	127		SECTION 9. Section 455.160(h), Occupations Code, as amended
122	128		by this Act, applies only to an application for the renewal of a
123	129		license submitted on or after the effective date of this Act. An
124	130		application submitted before that date is governed by the law in
125	131		effect on the date the application was submitted, and the former law
126	132		is continued in effect for that purpose.
127	133		SECTION 10. (a) In this section, "massage school" has the
128	134		meaning assigned by Section 455.001, Occupations Code.
129	135		(b) Section 455.161, Occupations Code, as added by this Act,
130	136		applies to a student who is enrolled in a massage school on or after
131	137		June 1, 2020.
132	138		SECTION 11. (a) Except as provided by Subsection (b) of
133	139		this section, this Act takes effect September 1, 2019.
134	140		(b) Section 455.2035, Occupations Code, as added by this
135	141		Act, takes effect July 1, 2020.
136		-	______________________________ ______________________________
137		-	President of the Senate Speaker of the House
138		-	I certify that H.B. No. 1865 was passed by the House on April
139		-	30, 2019, by the following vote: Yeas 121, Nays 25, 1 present, not
140		-	voting.
141		-	______________________________
142		-	Chief Clerk of the House
143		-	I certify that H.B. No. 1865 was passed by the Senate on May
144		-	22, 2019, by the following vote: Yeas 25, Nays 6.
145		-	______________________________
146		-	Secretary of the Senate
147		-	APPROVED: _____________________
148		-	Date
149		-	_____________________
150		-	Governor
	142	+	* * * * *