89R5409 JCG-F
By: McLaughlin H.B. No. 2776
A BILL TO BE ENTITLED
AN ACT
relating to the criminal and licensing consequences for the
commission of certain offenses by massage establishments, massage
schools, massage therapists, and massage therapy instructors.
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 21.02, 21.09, 21.11,
21.12, 21.15, 21.16, 21.165, 21.18, 22.011, 22.012, 22.021, 25.02,
43.021, 43.03, 43.031, 43.04, 43.041, [or] 43.05, 43.25, 43.26, or
43.262, Penal Code; [or]
(2) criminal attempt, conspiracy, or solicitation
under Section 15.01, 15.02, or 15.03, Penal Code, if the intended
offense is an offense described by Subdivision (1); or
(3) 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) or (2).
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. Section 22.011(c), Penal Code, is amended by
amending Subdivision (3) to read as follows:
(3) "Health care services provider" means:
(A) a physician licensed under Subtitle B, Title
3, Occupations Code;
(B) a chiropractor licensed under Chapter 201,
Occupations Code;
(C) a physical therapist licensed under Chapter
453, Occupations Code;
(D) a physician assistant licensed under Chapter
204, Occupations Code; [or]
(E) a registered nurse, a vocational nurse, or an
advanced practice nurse licensed under Chapter 301, Occupations
Code; or
(F) a massage therapist licensed under Chapter
455, Occupations Code.
SECTION 4. 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 5. Section 22.011, Penal Code, as amended by this
Act, applies only to an offense committed on or after the effective
date of this Act. An offense committed before the effective date of
this Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 6. This Act takes effect September 1, 2025.