Texas 2023 - 88th Regular

Texas Senate Bill SB483 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 483
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of massage therapy.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 51.355, Occupations Code, is amended by
8	8	adding Subsections (a-1) and (a-2) to read as follows:
9	9	(a-1) Subsection (a) does not apply to a person whose
10	10	license was revoked under Section 455.251(b)(1).
11	11	(a-2) This subsection and Subsection (a-1) expire September
12	12	1, 2025.
13	13	SECTION 2. Section 455.152, Occupations Code, is amended to
14	14	read as follows:
15	15	Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not
16	16	eligible for a license as a massage establishment, massage school,
17	17	massage therapist, or massage therapy instructor if the person is
18	18	an individual and has been convicted of, entered a plea of nolo
19	19	contendere or guilty to, or received deferred adjudication for:
20	20	(1) an offense under Chapter 20A, Penal Code, or
21	21	Section 43.021, 43.03, 43.031, 43.04, 43.041, or 43.05 [Subchapter
22	22	A, Chapter 43], Penal Code; [,] or
23	23	(2) an offense under federal law or the laws of another
24	24	state containing elements that are substantially similar to the
25	25	elements of an offense described by Subdivision (1) [another sexual
26	26	offense].
27	27	SECTION 3. The heading to Section 455.251, Occupations
28	28	Code, is amended to read as follows:
29	29	Sec. 455.251. GROUNDS FOR LICENSE DENIAL, [OR] DISCIPLINARY
30	30	ACTION, OR ADMINISTRATIVE PENALTY.
31	31	SECTION 4. Sections 455.251(a) and (b), Occupations Code,
32	32	are amended to read as follows:
33	33	(a) The commission or executive director may refuse to issue
34	34	a license to a person, [and shall] suspend, revoke, or refuse to
35	35	renew the license of a person, or impose an administrative penalty
36	36	under Subchapter F, Chapter 51, on [shall reprimand] a person
37	37	licensed under this chapter if the person:
38	38	(1) obtains or attempts to obtain a license by fraud,
39	39	misrepresentation, or concealment of material facts;
40	40	(2) sells, barters, or offers to sell or barter a
41	41	license;
42	42	(3) violates a rule adopted by the commission under
43	43	this chapter;
44	44	(4) engages in unprofessional conduct as defined by
45	45	commission rule that endangers or is likely to endanger the health,
46	46	welfare, or safety of the public;
47	47	(5) violates an order or ordinance adopted by a
48	48	political subdivision under Chapter 243, Local Government Code; or
49	49	(6) violates this chapter.
50	50	(b) The commission or executive director shall revoke the
51	51	license of a person licensed as a massage therapist or massage
52	52	therapy instructor if:
53	53	(1) the person is convicted of, enters a plea of nolo
54	54	contendere or guilty to, or receives deferred adjudication for:
55	55	(A) an offense under Chapter 20A, Penal Code, or
56	56	Section 43.021, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code
57	57	[involving prostitution or another sexual offense]; or
58	58	(B) an offense under federal law or the laws of
59	59	another state containing elements that are substantially similar to
60	60	the elements of an offense described by Paragraph (A); or
61	61	(2) the commission or executive director determines
62	62	the person has practiced or administered massage therapy at or for a
63	63	sexually oriented business.
64	64	SECTION 5. As soon as practicable after the effective date
65	65	of this Act, the Texas Commission of Licensing and Regulation shall
66	66	adopt rules necessary to implement Sections 455.152 and 455.251,
67	67	Occupations Code, as amended by this Act.
68	68	SECTION 6. Section 51.355(a-1), Occupations Code, as added
69	69	by this Act, applies only with respect to a license revoked under
70	70	Section 455.251(b)(1), Occupations Code, as that section existed
71	71	immediately before the effective date of this Act.
72	72	SECTION 7. This Act takes effect immediately if it receives
73	73	a vote of two-thirds of all the members elected to each house, as
74	74	provided by Section 39, Article III, Texas Constitution. If this
75	75	Act does not receive the vote necessary for immediate effect, this
76	76	Act takes effect September 1, 2023.
77	77	______________________________ ______________________________
78	78	President of the Senate Speaker of the House
79	79	I hereby certify that S.B. No. 483 passed the Senate on
80	80	April 12, 2023, by the following vote: Yeas 31, Nays 0; and that
81	81	the Senate concurred in House amendment on May 1, 2023, by the
82	82	following vote: Yeas 31, Nays 0.
83	83	______________________________
84	84	Secretary of the Senate
85	85	I hereby certify that S.B. No. 483 passed the House, with
86	86	amendment, on April 26, 2023, by the following vote: Yeas 148,
87	87	Nays 0, one present not voting.
88	88	______________________________
89	89	Chief Clerk of the House
90	90	Approved:
91	91	______________________________
92	92	Date
93	93	______________________________
94	94	Governor