Texas 2019 - 86th Regular

Texas Senate Bill SB1433 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9337 JCG-D
2	2	By: Rodríguez S.B. No. 1433
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of massage therapy.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 455.059, Occupations Code, is amended to
10	10	read as follows:
11	11	Sec. 455.059. INSPECTIONS; INVESTIGATIONS. (a) The
12	12	department, the department's authorized representative, or a peace
13	13	officer may enter the premises of a massage establishment or
14	14	massage school at:
15	15	(1) reasonable times to conduct an inspection
16	16	incidental to the issuance of a license; and
17	17	(2) other times that the department, the department's
18	18	authorized representative, or a peace officer considers necessary
19	19	to ensure compliance with this chapter and the rules adopted under
20	20	this chapter.
21	21	(b) During an inspection or investigation under Subsection
22	22	(a), a peace officer may require a massage therapist to provide the
23	23	therapist's fingerprints in the manner prescribed by commission
24	24	rule.
25	25	SECTION 2. Section 455.1525, Occupations Code, is amended
26	26	to read as follows:
27	27	Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION
28	28	REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The
29	29	department shall require an applicant for a license to submit a
30	30	complete and legible set of fingerprints, on a form prescribed by
31	31	the department, to the department or to the Department of Public
32	32	Safety for the purpose of obtaining criminal history record
33	33	information from the Department of Public Safety and the Federal
34	34	Bureau of Investigation [On receipt of an application for a license
35	35	under this chapter, the department shall conduct a criminal
36	36	background check on the applicant].
37	37	(b) The department may not issue a license to a person who
38	38	does not comply with the requirement of Subsection (a).
39	39	(c) The department shall conduct a criminal history record
40	40	information check of each applicant for a license using
41	41	information:
42	42	(1) provided by the individual under this section; and
43	43	(2) made available to the department by the Department
44	44	of Public Safety, the Federal Bureau of Investigation, and any
45	45	other criminal justice agency under Chapter 411, Government Code.
46	46	(d) The department may:
47	47	(1) enter into an agreement with the Department of
48	48	Public Safety to administer a criminal history record information
49	49	check required under this section; and
50	50	(2) authorize the Department of Public Safety to
51	51	collect from each applicant the costs incurred by the Department of
52	52	Public Safety in conducting the criminal history record information
53	53	check.
54	54	(e) For purposes of this section, if the applicant for a
55	55	license is an entity, the applicant must submit fingerprints as
56	56	required by Subsection (a) for each individual who:
57	57	(1) personally or constructively holds, including as
58	58	the beneficiary of a trust:
59	59	(A) at least 10 percent of the entity's
60	60	outstanding stock; or
61	61	(B) more than $25,000 of the fair market value of
62	62	the entity;
63	63	(2) has the controlling interest in the entity;
64	64	(3) has a direct or indirect participating interest
65	65	through shares, stock, or otherwise, regardless of whether voting
66	66	rights are included, of more than 10 percent of the profits,
67	67	proceeds, or capital gains of the entity;
68	68	(4) is a member of the board of directors or other
69	69	governing body of the entity; or
70	70	(5) serves as:
71	71	(A) an elected officer of the entity; or
72	72	(B) a general manager of the entity.
73	73	SECTION 3. Section 455.202, Occupations Code, is amended by
74	74	amending Subsection (b) and adding Subsection (e) to read as
75	75	follows:
76	76	(b) A massage establishment may not:
77	77	(1) employ an individual who is not a United States
78	78	citizen or a legal permanent resident with a valid work permit;
79	79	(2) employ a minor unless the minor's parent or legal
80	80	guardian authorizes in writing the minor's employment by the
81	81	establishment;
82	82	(3) allow a nude or partially nude employee to provide
83	83	massage therapy or other massage services to a customer;
84	84	(4) allow any individual, including a client, student,
85	85	license holder, or employee, to engage in sexual contact in the
86	86	massage establishment; [or]
87	87	(5) allow any individual, including a student, license
88	88	holder, or employee, to practice massage therapy in the nude or in
89	89	clothing designed to arouse or gratify the sexual desire of any
90	90	individual; or
91	91	(6) allow any individual, including a student, license
92	92	holder, or employee, to reside on the premises of the massage
93	93	establishment.
94	94	(e) Subsection (b)(6) does not apply to:
95	95	(1) a place of business exempted under Section
96	96	455.155(c)(2) from the requirement to hold a license as a massage
97	97	establishment; or
98	98	(2) a licensed massage therapist who practices as a
99	99	solo practitioner and who is exempted under Section 455.155(b) from
100	100	the requirement to hold a license as a massage establishment.
101	101	SECTION 4. Section 455.204, Occupations Code, is amended by
102	102	adding Subsection (b-1) to read as follows:
103	103	(b-1) The license of a massage therapist that is posted
104	104	under Subsection (b) must have attached to the front of the license
105	105	a photograph of the massage therapist.
106	106	SECTION 5. Subchapter E, Chapter 455, Occupations Code, is
107	107	amended by adding Section 455.207 to read as follows:
108	108	Sec. 455.207. POSTING OF CERTAIN NOTICES REQUIRED. (a)
109	109	Each massage establishment and massage school shall display in the
110	110	form and manner prescribed by the commission a sign concerning
111	111	services and assistance available to victims of human trafficking.
112	112	(b) The sign required by this section must:
113	113	(1) be in English, Spanish, Korean, Mandarin, and any
114	114	other language required by commission rule;
115	115	(2) include a toll-free telephone number of a
116	116	nationally recognized information and referral hotline for victims
117	117	of human trafficking; and
118	118	(3) be displayed in a conspicuous place clearly
119	119	visible to the public.
120	120	(c) The commission by rule shall establish requirements
121	121	regarding the posting of signs under this section.
122	122	SECTION 6. Not later than January 1, 2020, the Texas
123	123	Commission of Licensing and Regulation shall adopt rules necessary
124	124	to implement the changes in law made by this Act to Chapter 455,
125	125	Occupations Code.
126	126	SECTION 7. (a) Section 455.1525, Occupations Code, as
127	127	amended by this Act, applies only to an application for a license
128	128	submitted on or after the effective date of this Act. An
129	129	application for a license submitted before that date is governed by
130	130	the law in effect on the date the application was submitted, and the
131	131	former law is continued in effect for that purpose.
132	132	(b) Not later than September 1, 2021, the Texas Department
133	133	of Licensing and Regulation shall obtain criminal history record
134	134	information on each person who, on the effective date of this Act,
135	135	holds a license issued under Chapter 455, Occupations Code, and did
136	136	not undergo a criminal history record information check based on
137	137	the license holder's fingerprints on initial application for the
138	138	license. The department may suspend the license of a license holder
139	139	who does not provide the criminal history record information as
140	140	required by the department and this subsection.
141	141	SECTION 8. A massage establishment, as defined by Section
142	142	455.001, Occupations Code, shall comply with:
143	143	(1) Section 455.204(b-1), Occupations Code, as added
144	144	by this Act, not later than January 1, 2020; and
145	145	(2) Section 455.207, Occupations Code, as added by
146	146	this Act, not later than November 1, 2019.
147	147	SECTION 9. This Act takes effect September 1, 2019.