| 1 | 1 | | 89R5409 JCG-F |
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| 2 | 2 | | By: McLaughlin H.B. No. 2776 |
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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 criminal and licensing consequences for the |
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| 10 | 10 | | commission of certain offenses by massage establishments, massage |
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| 11 | 11 | | schools, massage therapists, and massage therapy instructors. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 455.152, Occupations Code, as amended by |
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| 14 | 14 | | Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th |
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| 15 | 15 | | Legislature, Regular Session, 2023, is reenacted and amended to |
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| 16 | 16 | | read as follows: |
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| 17 | 17 | | Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not |
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| 18 | 18 | | eligible for a license as a massage establishment, massage school, |
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| 19 | 19 | | massage therapist, or massage therapy instructor if the person is |
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| 20 | 20 | | an individual and has been convicted of, entered a plea of nolo |
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| 21 | 21 | | contendere or guilty to, or received deferred adjudication for: |
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| 22 | 22 | | (1) an offense under Chapter 20A, Penal Code [Section |
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| 23 | 23 | | 22.011 or 22.021 Penal Code], or Section 21.02, 21.09, 21.11, |
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| 24 | 24 | | 21.12, 21.15, 21.16, 21.165, 21.18, 22.011, 22.012, 22.021, 25.02, |
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| 25 | 25 | | 43.021, 43.03, 43.031, 43.04, 43.041, [or] 43.05, 43.25, 43.26, or |
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| 26 | 26 | | 43.262, Penal Code; [or] |
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| 27 | 27 | | (2) criminal attempt, conspiracy, or solicitation |
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| 28 | 28 | | under Section 15.01, 15.02, or 15.03, Penal Code, if the intended |
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| 29 | 29 | | offense is an offense described by Subdivision (1); or |
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| 30 | 30 | | (3) an offense under federal law or the laws of another |
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| 31 | 31 | | state containing elements that are substantially similar to the |
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| 32 | 32 | | elements of an offense described by Subdivision (1) or (2). |
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| 33 | 33 | | SECTION 2. Section 455.251(b), Occupations Code, is amended |
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| 34 | 34 | | to read as follows: |
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| 35 | 35 | | (b) The commission or executive director shall revoke the |
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| 36 | 36 | | license of a person licensed as a massage therapist or massage |
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| 37 | 37 | | therapy instructor if: |
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| 38 | 38 | | (1) the person is convicted of, enters a plea of nolo |
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| 39 | 39 | | contendere or guilty to, or receives deferred adjudication for[: |
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| 40 | 40 | | [(A)] an offense described by Section 455.152 |
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| 41 | 41 | | [under Chapter 20A, Penal Code, or Section 43.021, 43.03, 43.031, |
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| 42 | 42 | | 43.04, 43.041, or 43.05, Penal Code; or |
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| 43 | 43 | | [(B) an offense under federal law or the laws of |
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| 44 | 44 | | another state containing elements that are substantially similar to |
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| 45 | 45 | | the elements of an offense described by Paragraph (A)]; or |
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| 46 | 46 | | (2) the commission or executive director determines |
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| 47 | 47 | | the person has practiced or administered massage therapy at or for a |
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| 48 | 48 | | sexually oriented business. |
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| 49 | 49 | | SECTION 3. Section 22.011(c), Penal Code, is amended by |
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| 50 | 50 | | amending Subdivision (3) to read as follows: |
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| 51 | 51 | | (3) "Health care services provider" means: |
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| 52 | 52 | | (A) a physician licensed under Subtitle B, Title |
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| 53 | 53 | | 3, Occupations Code; |
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| 54 | 54 | | (B) a chiropractor licensed under Chapter 201, |
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| 55 | 55 | | Occupations Code; |
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| 56 | 56 | | (C) a physical therapist licensed under Chapter |
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| 57 | 57 | | 453, Occupations Code; |
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| 58 | 58 | | (D) a physician assistant licensed under Chapter |
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| 59 | 59 | | 204, Occupations Code; [or] |
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| 60 | 60 | | (E) a registered nurse, a vocational nurse, or an |
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| 61 | 61 | | advanced practice nurse licensed under Chapter 301, Occupations |
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| 62 | 62 | | Code; or |
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| 63 | 63 | | (F) a massage therapist licensed under Chapter |
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| 64 | 64 | | 455, Occupations Code. |
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| 65 | 65 | | SECTION 4. As soon as practicable after the effective date |
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| 66 | 66 | | of this Act, the Texas Commission of Licensing and Regulation shall |
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| 67 | 67 | | adopt rules necessary to implement Sections 455.152 and 455.251, |
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| 68 | 68 | | Occupations Code, as amended by this Act. |
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| 69 | 69 | | SECTION 5. Section 22.011, Penal Code, as amended by this |
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| 70 | 70 | | Act, applies only to an offense committed on or after the effective |
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| 71 | 71 | | date of this Act. An offense committed before the effective date of |
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| 72 | 72 | | this Act is governed by the law in effect on the date the offense was |
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| 73 | 73 | | committed, and the former law is continued in effect for that |
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| 74 | 74 | | purpose. For purposes of this section, an offense was committed |
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| 75 | 75 | | before the effective date of this Act if any element of the offense |
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| 76 | 76 | | occurred before that date. |
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| 77 | 77 | | SECTION 6. This Act takes effect September 1, 2025. |
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