86R9337 JCG-D
By: RodrÃguez S.B. No. 1433
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of massage therapy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 455.059, Occupations Code, is amended to
read as follows:
Sec. 455.059. INSPECTIONS; INVESTIGATIONS. (a) The
department, the department's authorized representative, or a peace
officer may enter the premises of a massage establishment or
massage school at:
(1) reasonable times to conduct an inspection
incidental to the issuance of a license; and
(2) other times that the department, the department's
authorized representative, or a peace officer considers necessary
to ensure compliance with this chapter and the rules adopted under
this chapter.
(b) During an inspection or investigation under Subsection
(a), a peace officer may require a massage therapist to provide the
therapist's fingerprints in the manner prescribed by commission
rule.
SECTION 2. Section 455.1525, Occupations Code, is amended
to read as follows:
Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The
department shall require an applicant for a license to submit a
complete and legible set of fingerprints, on a form prescribed by
the department, to the department or to the Department of Public
Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation [On receipt of an application for a license
under this chapter, the department shall conduct a criminal
background check on the applicant].
(b) The department may not issue a license to a person who
does not comply with the requirement of Subsection (a).
(c) The department shall conduct a criminal history record
information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the department by the Department
of Public Safety, the Federal Bureau of Investigation, and any
other criminal justice agency under Chapter 411, Government Code.
(d) The department may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
(e) For purposes of this section, if the applicant for a
license is an entity, the applicant must submit fingerprints as
required by Subsection (a) for each individual who:
(1) personally or constructively holds, including as
the beneficiary of a trust:
(A) at least 10 percent of the entity's
outstanding stock; or
(B) more than $25,000 of the fair market value of
the entity;
(2) has the controlling interest in the entity;
(3) has a direct or indirect participating interest
through shares, stock, or otherwise, regardless of whether voting
rights are included, of more than 10 percent of the profits,
proceeds, or capital gains of the entity;
(4) is a member of the board of directors or other
governing body of the entity; or
(5) serves as:
(A) an elected officer of the entity; or
(B) a general manager of the entity.
SECTION 3. Section 455.202, Occupations Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) A massage establishment may not:
(1) employ an individual who is not a United States
citizen or a legal permanent resident with a valid work permit;
(2) employ a minor unless the minor's parent or legal
guardian authorizes in writing the minor's employment by the
establishment;
(3) allow a nude or partially nude employee to provide
massage therapy or other massage services to a customer;
(4) allow any individual, including a client, student,
license holder, or employee, to engage in sexual contact in the
massage establishment; [or]
(5) allow any individual, including a student, license
holder, or employee, to practice massage therapy in the nude or in
clothing designed to arouse or gratify the sexual desire of any
individual; or
(6) allow any individual, including a student, license
holder, or employee, to reside on the premises of the massage
establishment.
(e) Subsection (b)(6) does not apply to:
(1) a place of business exempted under Section
455.155(c)(2) from the requirement to hold a license as a massage
establishment; or
(2) a licensed massage therapist who practices as a
solo practitioner and who is exempted under Section 455.155(b) from
the requirement to hold a license as a massage establishment.
SECTION 4. Section 455.204, Occupations Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The license of a massage therapist that is posted
under Subsection (b) must have attached to the front of the license
a photograph of the massage therapist.
SECTION 5. Subchapter E, Chapter 455, Occupations Code, is
amended by adding Section 455.207 to read as follows:
Sec. 455.207. POSTING OF CERTAIN NOTICES REQUIRED. (a)
Each massage establishment and massage school shall display in the
form and manner prescribed by the commission a sign concerning
services and assistance available to victims of human trafficking.
(b) The sign required by this section must:
(1) be in English, Spanish, Korean, Mandarin, and any
other language required by commission rule;
(2) include a toll-free telephone number of a
nationally recognized information and referral hotline for victims
of human trafficking; and
(3) be displayed in a conspicuous place clearly
visible to the public.
(c) The commission by rule shall establish requirements
regarding the posting of signs under this section.
SECTION 6. Not later than January 1, 2020, the Texas
Commission of Licensing and Regulation shall adopt rules necessary
to implement the changes in law made by this Act to Chapter 455,
Occupations Code.
SECTION 7. (a) Section 455.1525, Occupations Code, as
amended by this Act, applies only to an application for a license
submitted on or after the effective date of this Act. An
application for a license submitted before that date is governed by
the law in effect on the date the application was submitted, and the
former law is continued in effect for that purpose.
(b) Not later than September 1, 2021, the Texas Department
of Licensing and Regulation shall obtain criminal history record
information on each person who, on the effective date of this Act,
holds a license issued under Chapter 455, Occupations Code, and did
not undergo a criminal history record information check based on
the license holder's fingerprints on initial application for the
license. The department may suspend the license of a license holder
who does not provide the criminal history record information as
required by the department and this subsection.
SECTION 8. A massage establishment, as defined by Section
455.001, Occupations Code, shall comply with:
(1) Section 455.204(b-1), Occupations Code, as added
by this Act, not later than January 1, 2020; and
(2) Section 455.207, Occupations Code, as added by
this Act, not later than November 1, 2019.
SECTION 9. This Act takes effect September 1, 2019.