89R5416 JCG-D
By: Hernandez H.B. No. 1732
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, as amended by
Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted and 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 [Section
22.011 or 22.021 Penal Code], or Section 22.011, 22.012, 22.021,
43.021, 43.03, 43.031, 43.04, 43.041, or 43.05, 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).
SECTION 2. Section 455.251(b), Occupations Code, is amended
to read as follows:
(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 described by Section 455.152
[under Chapter 20A, Penal Code, or Section 43.021, 43.03, 43.031,
43.04, 43.041, or 43.05, Penal Code; 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.
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, 2025.