| 1 | 1 | | 89R5416 JCG-D |
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| 2 | 2 | | By: Hernandez H.B. No. 1732 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the regulation of massage therapy. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 455.152, Occupations Code, as amended by |
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| 12 | 12 | | Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th |
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| 13 | 13 | | Legislature, Regular Session, 2023, is reenacted and amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not |
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| 16 | 16 | | eligible for a license as a massage establishment, massage school, |
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| 17 | 17 | | massage therapist, or massage therapy instructor if the person is |
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| 18 | 18 | | an individual and has been convicted of, entered a plea of nolo |
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| 19 | 19 | | contendere or guilty to, or received deferred adjudication for: |
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| 20 | 20 | | (1) an offense under Chapter 20A, Penal Code [Section |
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| 21 | 21 | | 22.011 or 22.021 Penal Code], or Section 22.011, 22.012, 22.021, |
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| 22 | 22 | | 43.021, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code; or |
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| 23 | 23 | | (2) an offense under federal law or the laws of another |
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| 24 | 24 | | state containing elements that are substantially similar to the |
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| 25 | 25 | | elements of an offense described by Subdivision (1). |
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| 26 | 26 | | SECTION 2. Section 455.251(b), Occupations Code, is amended |
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| 27 | 27 | | to read as follows: |
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| 28 | 28 | | (b) The commission or executive director shall revoke the |
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| 29 | 29 | | license of a person licensed as a massage therapist or massage |
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| 30 | 30 | | therapy instructor if: |
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| 31 | 31 | | (1) the person is convicted of, enters a plea of nolo |
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| 32 | 32 | | contendere or guilty to, or receives deferred adjudication for[: |
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| 33 | 33 | | [(A)] an offense described by Section 455.152 |
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| 34 | 34 | | [under Chapter 20A, Penal Code, or Section 43.021, 43.03, 43.031, |
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| 35 | 35 | | 43.04, 43.041, or 43.05, Penal Code; or |
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| 36 | 36 | | [(B) an offense under federal law or the laws of |
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| 37 | 37 | | another state containing elements that are substantially similar to |
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| 38 | 38 | | the elements of an offense described by Paragraph (A)]; or |
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| 39 | 39 | | (2) the commission or executive director determines |
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| 40 | 40 | | the person has practiced or administered massage therapy at or for a |
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| 41 | 41 | | sexually oriented business. |
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| 42 | 42 | | SECTION 3. As soon as practicable after the effective date |
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| 43 | 43 | | of this Act, the Texas Commission of Licensing and Regulation shall |
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| 44 | 44 | | adopt rules necessary to implement Sections 455.152 and 455.251, |
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| 45 | 45 | | Occupations Code, as amended by this Act. |
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| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2025. |
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