Texas 2023 88th Regular

Texas House Bill HB2016 Analysis / Analysis

Filed 04/12/2023

                    BILL ANALYSIS             H.B. 2016     By: Hernandez     Licensing & Administrative Procedures     Committee Report (Unamended)             BACKGROUND AND PURPOSE    Law enforcement agencies, including the Houston Police Department, have expressed concerns that individuals convicted of sexual assault or aggravated sexual assault are still allowed to practice in the massage industry. Current law provides for license ineligibility for certain offenses, however, it does not explicitly prohibit licensure for sexual assault or aggravated sexual assault offenses. H.B. 2016 seeks to prohibit individuals who have committed sexual assault offenses from obtaining a massage license.        CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 2016 amends the Occupations Code to include sexual assault and aggravated sexual assault among the offenses that make a person ineligible for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor if the person has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication for such an offense.       EFFECTIVE DATE    September 1, 2023.          

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 2016
By: Hernandez
Licensing & Administrative Procedures
Committee Report (Unamended)

H.B. 2016

By: Hernandez

Licensing & Administrative Procedures

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    Law enforcement agencies, including the Houston Police Department, have expressed concerns that individuals convicted of sexual assault or aggravated sexual assault are still allowed to practice in the massage industry. Current law provides for license ineligibility for certain offenses, however, it does not explicitly prohibit licensure for sexual assault or aggravated sexual assault offenses. H.B. 2016 seeks to prohibit individuals who have committed sexual assault offenses from obtaining a massage license.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 2016 amends the Occupations Code to include sexual assault and aggravated sexual assault among the offenses that make a person ineligible for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor if the person has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication for such an offense.
EFFECTIVE DATE    September 1, 2023.

BACKGROUND AND PURPOSE 

 

Law enforcement agencies, including the Houston Police Department, have expressed concerns that individuals convicted of sexual assault or aggravated sexual assault are still allowed to practice in the massage industry. Current law provides for license ineligibility for certain offenses, however, it does not explicitly prohibit licensure for sexual assault or aggravated sexual assault offenses. H.B. 2016 seeks to prohibit individuals who have committed sexual assault offenses from obtaining a massage license. 

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

H.B. 2016 amends the Occupations Code to include sexual assault and aggravated sexual assault among the offenses that make a person ineligible for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor if the person has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication for such an offense.

 

EFFECTIVE DATE 

 

September 1, 2023.