| 7 | 3 | | |
|---|
| 8 | 4 | | |
|---|
| 9 | 5 | | A BILL TO BE ENTITLED |
|---|
| 10 | 6 | | AN ACT |
|---|
| 11 | 7 | | relating to the regulation of massage therapy. |
|---|
| 12 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 9 | | SECTION 1. Section 455.152, Occupations Code, is amended to |
|---|
| 14 | 10 | | read as follows: |
|---|
| 15 | 11 | | Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not |
|---|
| 16 | 12 | | eligible for a license as a massage establishment, massage school, |
|---|
| 17 | 13 | | massage therapist, or massage therapy instructor if the person is |
|---|
| 18 | 14 | | an individual and has been convicted of, entered a plea of nolo |
|---|
| 19 | 15 | | contendere or guilty to, or received deferred adjudication for: |
|---|
| 20 | 16 | | (1) an offense under Chapter 20A, Penal Code, or |
|---|
| 21 | 17 | | Section 43.03, 43.031, 43.04, 43.041, or 43.05 [Subchapter A, |
|---|
| 22 | 18 | | Chapter 43], Penal Code; [,] or |
|---|
| 23 | 19 | | (2) an offense under federal law or the laws of another |
|---|
| 24 | 20 | | state containing elements that are substantially similar to the |
|---|
| 25 | 21 | | elements of an offense described by Subdivision (1) [another sexual |
|---|
| 26 | 22 | | offense]. |
|---|
| 27 | 23 | | SECTION 2. Section 455.251, Occupations Code, is amended to |
|---|
| 28 | 24 | | read as follows: |
|---|
| 29 | 25 | | Sec. 455.251. GROUNDS FOR LICENSE DENIAL, [OR] DISCIPLINARY |
|---|
| 30 | 26 | | ACTION, OR ADMINISTRATIVE PENALTY. (a) The commission or |
|---|
| 31 | 27 | | executive director may refuse to issue a license to a person, [and |
|---|
| 32 | 28 | | shall] suspend, revoke, or refuse to renew the license of a person, |
|---|
| 33 | 29 | | or impose an administrative penalty under Subchapter F, Chapter 51, |
|---|
| 34 | 30 | | on [shall reprimand] a person licensed under this chapter if the |
|---|
| 35 | 31 | | person: |
|---|
| 36 | 32 | | (1) obtains or attempts to obtain a license by fraud, |
|---|
| 37 | 33 | | misrepresentation, or concealment of material facts; |
|---|
| 38 | 34 | | (2) sells, barters, or offers to sell or barter a |
|---|
| 39 | 35 | | license; |
|---|
| 40 | 36 | | (3) violates a rule adopted by the commission under |
|---|
| 41 | 37 | | this chapter; |
|---|
| 42 | 38 | | (4) engages in unprofessional conduct as defined by |
|---|
| 43 | 39 | | commission rule that endangers or is likely to endanger the health, |
|---|
| 44 | 40 | | welfare, or safety of the public; |
|---|
| 45 | 41 | | (5) violates an order or ordinance adopted by a |
|---|
| 46 | 42 | | political subdivision under Chapter 243, Local Government Code; or |
|---|
| 47 | 43 | | (6) violates this chapter. |
|---|
| 48 | 44 | | (b) The commission or executive director shall revoke the |
|---|
| 49 | 45 | | license of a person licensed as a massage therapist or massage |
|---|
| 50 | 46 | | therapy instructor if: |
|---|
| 51 | 47 | | (1) the person is convicted of, enters a plea of nolo |
|---|
| 52 | 48 | | contendere or guilty to, or receives deferred adjudication for: |
|---|
| 53 | 49 | | (A) an offense under Chapter 20A, Penal Code, or |
|---|
| 54 | 50 | | Section 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code |
|---|
| 55 | 51 | | [involving prostitution or another sexual offense]; or |
|---|
| 56 | 52 | | (B) an offense under federal law or the laws of |
|---|
| 57 | 53 | | another state containing elements that are substantially similar to |
|---|
| 58 | 54 | | the elements of an offense described by Paragraph (A); or |
|---|
| 59 | 55 | | (2) the commission or executive director determines |
|---|
| 60 | 56 | | the person has practiced or administered massage therapy at or for a |
|---|
| 61 | 57 | | sexually oriented business. |
|---|
| 62 | 58 | | (c) The commission or executive director: |
|---|
| 63 | 59 | | (1) shall revoke the license of a person licensed as a |
|---|
| 64 | 60 | | massage school or massage establishment if the commission or |
|---|
| 65 | 61 | | executive director determines that[: |
|---|
| 66 | 62 | | [(1)] the school or establishment is a sexually |
|---|
| 67 | 63 | | oriented business; and [or] |
|---|
| 68 | 64 | | (2) may revoke the license of a person licensed as a |
|---|
| 69 | 65 | | massage school or massage establishment if the commission or |
|---|
| 70 | 66 | | executive director determines that any of the following offenses |
|---|
| 71 | 67 | | occurred on the premises of the school or establishment and [an |
|---|
| 72 | 68 | | offense involving prostitution or another sexual offense that] |
|---|
| 73 | 69 | | resulted in a conviction for the offense, a plea of nolo contendere |
|---|
| 74 | 70 | | or guilty to the offense, or a grant of deferred adjudication for |
|---|
| 75 | 71 | | the offense: |
|---|
| 76 | 72 | | (A) an offense under Chapter 20A, Penal Code; |
|---|
| 77 | 73 | | (B) an offense under Subchapter A, Chapter 43, |
|---|
| 78 | 74 | | Penal Code; |
|---|
| 79 | 75 | | (C) an offense under federal law containing |
|---|
| 80 | 76 | | elements that are substantially similar to the elements of an |
|---|
| 81 | 77 | | offense described by Paragraph (A) or (B); or |
|---|
| 82 | 78 | | (D) another sexual offense under the laws of this |
|---|
| 83 | 79 | | state [occurred on the premises of the school or establishment]. |
|---|
| 84 | 80 | | SECTION 3. As soon as practicable after the effective date |
|---|
| 85 | 81 | | of this Act, the Texas Commission of Licensing and Regulation shall |
|---|
| 86 | 82 | | adopt rules necessary to implement Sections 455.152 and 455.251, |
|---|
| 87 | 83 | | Occupations Code, as amended by this Act. |
|---|
| 88 | 84 | | SECTION 4. This Act takes effect September 1, 2021. |
|---|