BILL ANALYSIS H.B. 1732 By: Hernandez Licensing & Administrative Procedures Committee Report (Unamended) BACKGROUND AND PURPOSE The bill author has informed the committee that law enforcement agencies, and specifically the Houston Police Department, have reported instances of individuals convicted of indecent assault, sexual assault, and aggravated sexual assault continuing to practice in the massage industry. While current law provides for license ineligibility for certain offenses under the Penal Code, state law does not explicitly prohibit licensure with regard to indecent assault, sexual assault, or aggravated sexual assault. H.B. 1732 seeks to resolve this issue by including these offenses among the offenses that make a person ineligible to obtain 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 rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 3 of this bill. ANALYSIS H.B. 1732 reenacts 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, by conforming to all of the changes made by Chapter 13 (S.B. 483) and to the changes made by Chapter 440 (H.B. 2016) that included sexual assault and aggravated sexual assault among the sexual 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. The bill amends the Occupations Code to include indecent assault among those offenses. The bill also includes sexual assault, indecent assault, and aggravated sexual assault among the offenses that constitute grounds for mandatory revocation of a license as a massage therapist or massage therapy instructor if the license holder is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for such an offense. The bill requires the Texas Commission of Licensing and Regulation to adopt rules necessary to implement the bill's provisions. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1732
By: Hernandez
Licensing & Administrative Procedures
Committee Report (Unamended)
H.B. 1732
By: Hernandez
Licensing & Administrative Procedures
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill author has informed the committee that law enforcement agencies, and specifically the Houston Police Department, have reported instances of individuals convicted of indecent assault, sexual assault, and aggravated sexual assault continuing to practice in the massage industry. While current law provides for license ineligibility for certain offenses under the Penal Code, state law does not explicitly prohibit licensure with regard to indecent assault, sexual assault, or aggravated sexual assault. H.B. 1732 seeks to resolve this issue by including these offenses among the offenses that make a person ineligible to obtain 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 rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 3 of this bill.
ANALYSIS H.B. 1732 reenacts 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, by conforming to all of the changes made by Chapter 13 (S.B. 483) and to the changes made by Chapter 440 (H.B. 2016) that included sexual assault and aggravated sexual assault among the sexual 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. The bill amends the Occupations Code to include indecent assault among those offenses. The bill also includes sexual assault, indecent assault, and aggravated sexual assault among the offenses that constitute grounds for mandatory revocation of a license as a massage therapist or massage therapy instructor if the license holder is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for such an offense. The bill requires the Texas Commission of Licensing and Regulation to adopt rules necessary to implement the bill's provisions.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
The bill author has informed the committee that law enforcement agencies, and specifically the Houston Police Department, have reported instances of individuals convicted of indecent assault, sexual assault, and aggravated sexual assault continuing to practice in the massage industry. While current law provides for license ineligibility for certain offenses under the Penal Code, state law does not explicitly prohibit licensure with regard to indecent assault, sexual assault, or aggravated sexual assault. H.B. 1732 seeks to resolve this issue by including these offenses among the offenses that make a person ineligible to obtain 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 rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 3 of this bill.
ANALYSIS
H.B. 1732 reenacts 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, by conforming to all of the changes made by Chapter 13 (S.B. 483) and to the changes made by Chapter 440 (H.B. 2016) that included sexual assault and aggravated sexual assault among the sexual 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. The bill amends the Occupations Code to include indecent assault among those offenses. The bill also includes sexual assault, indecent assault, and aggravated sexual assault among the offenses that constitute grounds for mandatory revocation of a license as a massage therapist or massage therapy instructor if the license holder is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for such an offense. The bill requires the Texas Commission of Licensing and Regulation to adopt rules necessary to implement the bill's provisions.
EFFECTIVE DATE
September 1, 2025.