By: A. Johnson of Harris (Senate Sponsor - Johnson) H.B. No. 3616
(In the Senate - Received from the House April 19, 2021;
May 4, 2021, read first time and referred to Committee on Business &
Commerce; May 20, 2021, reported favorably by the following vote:
Yeas 9, Nays 0; May 20, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of massage therapy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 455.152, Occupations Code, is amended to
read as follows:
Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not
eligible for a license as a massage establishment, massage school,
massage therapist, or massage therapy instructor if the person is
an individual and has been convicted of, entered a plea of nolo
contendere or guilty to, or received deferred adjudication for:
(1) an offense under Chapter 20A, Penal Code, or
Section 43.03, 43.031, 43.04, 43.041, or 43.05 [Subchapter A,
Chapter 43], Penal Code; [,] or
(2) an offense under federal law or the laws of another
state containing elements that are substantially similar to the
elements of an offense described by Subdivision (1) [another sexual
offense].
SECTION 2. Section 455.251, Occupations Code, is amended to
read as follows:
Sec. 455.251. GROUNDS FOR LICENSE DENIAL, [OR] DISCIPLINARY
ACTION, OR ADMINISTRATIVE PENALTY. (a) The commission or
executive director may refuse to issue a license to a person, [and
shall] suspend, revoke, or refuse to renew the license of a person,
or impose an administrative penalty under Subchapter F, Chapter 51,
on [shall reprimand] a person licensed under this chapter if the
person:
(1) obtains or attempts to obtain a license by fraud,
misrepresentation, or concealment of material facts;
(2) sells, barters, or offers to sell or barter a
license;
(3) violates a rule adopted by the commission under
this chapter;
(4) engages in unprofessional conduct as defined by
commission rule that endangers or is likely to endanger the health,
welfare, or safety of the public;
(5) violates an order or ordinance adopted by a
political subdivision under Chapter 243, Local Government Code; or
(6) violates this chapter.
(b) The commission or executive director shall revoke the
license of a person licensed as a massage therapist or massage
therapy instructor if:
(1) the person is convicted of, enters a plea of nolo
contendere or guilty to, or receives deferred adjudication for:
(A) an offense under Chapter 20A, Penal Code, or
Section 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code
[involving prostitution or another sexual offense]; or
(B) an offense under federal law or the laws of
another state containing elements that are substantially similar to
the elements of an offense described by Paragraph (A); or
(2) the commission or executive director determines
the person has practiced or administered massage therapy at or for a
sexually oriented business.
(c) The commission or executive director:
(1) shall revoke the license of a person licensed as a
massage school or massage establishment if the commission or
executive director determines that[:
[(1)] the school or establishment is a sexually
oriented business; and [or]
(2) may revoke the license of a person licensed as a
massage school or massage establishment if the commission or
executive director determines that any of the following offenses
occurred on the premises of the school or establishment and [an
offense involving prostitution or another sexual offense that]
resulted in a conviction for the offense, a plea of nolo contendere
or guilty to the offense, or a grant of deferred adjudication for
the offense:
(A) an offense under Chapter 20A, Penal Code;
(B) an offense under Subchapter A, Chapter 43,
Penal Code;
(C) an offense under federal law containing
elements that are substantially similar to the elements of an
offense described by Paragraph (A) or (B); or
(D) another sexual offense under the laws of this
state [occurred on the premises of the school or establishment].
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas Commission of Licensing and Regulation shall
adopt rules necessary to implement Sections 455.152 and 455.251,
Occupations Code, as amended by this Act.
SECTION 4. This Act takes effect September 1, 2021.
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