Texas 2025 - 89th Regular

Texas House Bill HB3945 Compare Versions

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1	1	By: Bumgarner H.B. No. 3945
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the licensing and regulation of massage therapy and
9	9	other programs administered by the Texas Department of Licensing
10	10	and Regulation; creating a criminal offense; providing a civil
11	11	penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 51.001(6), Occupations Code, is amended
14	14	to read as follows:
15	15	(6) "Sanction" means an action by the commission or
16	16	executive director against a license holder or another person,
17	17	including the denial, suspension, or revocation of a license, the
18	18	reprimand of a license holder, or the placement of a license holder
19	19	on probation.
20	20	SECTION 2. Section 51.3511(c), Occupations Code, is amended
21	21	to read as follows:
22	22	(c) If an emergency order is issued under this section
23	23	without a hearing, the executive director shall set the time and
24	24	place for a hearing conducted by the State Office of Administrative
25	25	Hearings to affirm, modify, or set aside the emergency order not
26	26	later than the 17th [10th] day after the date the order was issued.
27	27	The order shall be affirmed to the extent that reasonable cause
28	28	existed to issue the order.
29	29	SECTION 3. Section 455.001, Occupations Code, is amended by
30	30	adding Subdivision (14) to read as follows:
31	31	(14) "Sanction" has the meaning assigned by Section
32	32	51.001.
33	33	SECTION 4. Section 455.152, Occupations Code, as amended by
34	34	Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th
35	35	Legislature, Regular Session, 2023, is reenacted and amended to
36	36	read as follows:
37	37	Sec. 455.152. INELIGIBILITY FOR LICENSE. (a) A person is
38	38	not eligible for a license as a massage establishment, massage
39	39	school, massage therapist, or massage therapy instructor if the
40	40	person [is an individual and] has been convicted of, entered a plea
41	41	of nolo contendere or guilty to, or received deferred adjudication
42	42	for:
43	43	(1) an offense under Chapter 20A, Penal Code [Section
44	44	22.011 or 22.021 Penal Code], or Section 22.011, 22.021, 43.021,
45	45	43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code; or
46	46	(2) an offense under federal law or the laws of another
47	47	state containing elements that are substantially similar to the
48	48	elements of an offense described by Subdivision (1).
49	49	(b) An entity is not eligible for a license as a massage
50	50	establishment or massage school if:
51	51	(1) an individual described by Section 455.1525(e)
52	52	with respect to the entity has been convicted of, entered a plea of
53	53	nolo contendere or guilty to, or received deferred adjudication for
54	54	an offense described by Subsection (a)(1) or (2);
55	55	(2) the entity or an owner or operator of the entity is
56	56	currently subject to an emergency order under Section 51.3511 for a
57	57	ground described by Section 455.252;
58	58	(3) a license issued under this chapter to the entity
59	59	or an owner or operator of the entity has been revoked under Section
60	60	455.251(c)(1);
61	61	(4) the applicant has previously been evicted on the
62	62	basis of a violation of the Occupations Code; or
63	63	(5) the location for which the application is
64	64	submitted is currently subject to an emergency order under Section
65	65	51.3511 for a ground described by Section 455.252.
66	66	SECTION 5. Section 455.153, Occupations Code, is amended to
67	67	read as follows:
68	68	Sec. 455.153. APPLICATION FOR LICENSE. (a) An applicant
69	69	for a license under this chapter must:
70	70	(1) submit an application in the manner and on a form
71	71	prescribed by the executive director;
72	72	(2) pass any required examination; and
73	73	(3) include with the application the application fee
74	74	set by the commission by rule.
75	75	(b) For purposes of Subsection (a)(1), an applicant for a
76	76	license as a massage establishment or massage school shall include
77	77	with the application:
78	78	(1) a list of each individual for which the applicant
79	79	is required to submit fingerprints under Section 455.1525(e); and
80	80	(2) an explanation of the relationship between each
81	81	individual described by Subdivision (1) and the applicant.
82	82	SECTION 6. Section 455.202, Occupations Code, is amended by
83	83	adding Subsection (c-1) to read as follows:
84	84	(c-1) A massage establishment shall report to the
85	85	department any allegation made to the massage establishment of
86	86	sexual contact between a massage therapist employed by or
87	87	contracted by the massage establishment and a client not later than
88	88	24 hours after receiving notice of the allegation.
89	89	SECTION 7. Section 455.206, Occupations Code, is amended to
90	90	read as follows:
91	91	Sec. 455.206. NEW LICENSE REQUIRED FOR [ESTABLISHMENT]
92	92	CHANGE OF LOCATION OF ESTABLISHMENT OR SCHOOL [PROHIBITED]. A
93	93	massage establishment or massage school may not change the location
94	94	of the establishment or school without obtaining a new massage
95	95	establishment or massage school license under this chapter, as
96	96	appropriate.
97	97	SECTION 8. Subchapter E, Chapter 455, Occupations Code, is
98	98	amended by adding Section 455.208 to read as follows:
99	99	Sec. 455.208. TEMPORARY PROHIBITION ON ISSUANCE OF CERTAIN
100	100	ESTABLISHMENT OR SCHOOL LICENSES. (a) If the executive director
101	101	issues an emergency order against a massage establishment or
102	102	massage school for a ground described by Section 455.252, the
103	103	executive director in the order may prohibit for a period not to
104	104	exceed one year the issuance of a massage establishment or massage
105	105	school license with respect to the location where the establishment
106	106	or school previously operated.
107	107	(b) If the license of a massage establishment or massage
108	108	school is revoked under Section 455.251, the commission or
109	109	executive director in the order revoking the license may prohibit
110	110	for a period not to exceed five years the issuance of a massage
111	111	establishment or massage school license with respect to the
112	112	location where the establishment or school previously operated.
113	113	(c) The department shall provide to the property owner of
114	114	the applicable location a copy of any order issued under Subsection
115	115	(a) or (b).
116	116	(d) Not later than the 30th day after the date on which the
117	117	copy of an order is provided under Subsection (c), the property
118	118	owner may submit a request to the department to rescind the
119	119	prohibition described by Subsection (a) or (b). The request must
120	120	include documentation sufficient to demonstrate that the owner has
121	121	undertaken or implemented procedures and controls to prevent the
122	122	commission of an offense under Chapter 20A or Section 34.02, 43.02,
123	123	43.021, 43.03, 43.04, 43.05, or 71.02, Penal Code, on the property
124	124	subject to the prohibition.
125	125	(e) On receipt of a request under Subsection (d), the
126	126	commission or executive director:
127	127	(1) may approve the request to rescind the prohibition
128	128	if:
129	129	(A) the ownership of the property subject to the
130	130	prohibition changed less than two years before the date of the
131	131	request under Subsection (d); and
132	132	(B) the current owner of the property is not a
133	133	person against whom:
134	134	(i) a sanction has been imposed for a
135	135	violation of this chapter; or
136	136	(ii) injunctive relief has been obtained or
137	137	a civil penalty has been imposed under Section 455.351; or
138	138	(2) shall approve the request to rescind the
139	139	prohibition as soon as practicable after the date on which the
140	140	request is received if:
141	141	(A) the ownership of the property subject to the
142	142	prohibition changed two or more years before the date of the request
143	143	under Subsection (d);
144	144	(B) in the two-year period described by Paragraph
145	145	(A), an arrest has not occurred for, a citation in lieu of arrest
146	146	has not been issued for, and a conviction has not resulted from an
147	147	offense listed in Subsection (d) committed on the property subject
148	148	to the prohibition; and
149	149	(C) the current owner of the property is not a
150	150	person against whom:
151	151	(i) a sanction has been imposed for a
152	152	violation of this chapter; or
153	153	(ii) injunctive relief has been obtained or
154	154	a civil penalty has been imposed under Section 455.351.
155	155	SECTION 9. Section 455.251(a), Occupations Code, is amended
156	156	to read as follows:
157	157	(a) The commission or executive director may refuse to issue
158	158	a license to a person, suspend, revoke, or refuse to renew the
159	159	license of a person, or impose an administrative penalty under
160	160	Subchapter F, Chapter 51, on a person licensed under this chapter if
161	161	the person:
162	162	(1) obtains or attempts to obtain a license by fraud,
163	163	misrepresentation, or concealment of material facts;
164	164	(2) sells, barters, or offers to sell or barter a
165	165	license;
166	166	(3) violates a rule adopted by the commission under
167	167	this chapter;
168	168	(4) engages in unprofessional conduct as defined by
169	169	commission rule that endangers or is likely to endanger the health,
170	170	welfare, or safety of the public;
171	171	(5) violates an order or ordinance adopted by a
172	172	political subdivision under Chapter 243, Local Government Code;
173	173	[or]
174	174	(6) violates this chapter; or
175	175	(7) engages in conduct constituting an offense under
176	176	Chapter 20A, Penal Code.
177	177	SECTION 10. Section 455.252, Occupations Code, is amended
178	178	to read as follows:
179	179	Sec. 455.252. EMERGENCY ORDER. (a) The executive director
180	180	may issue an emergency order under Section 51.3511 halting the
181	181	operation of or suspending the license of a massage establishment
182	182	or massage school for a period not to exceed one year if[:
183	183	[(1) a law enforcement agency gives notice to the
184	184	department, or the department otherwise learns, that the law
185	185	enforcement agency is investigating the massage establishment for
186	186	an offense under Chapter 20A, Penal Code; or
187	187	[(2)] the department has reasonable cause to believe
188	188	that an offense under Chapter 20A, Penal Code, is being committed at
189	189	the massage establishment or massage school.
190	190	(b) A hearing on an emergency order issued under Section
191	191	51.3511 for a ground described by this section is a contested case
192	192	and subject to Section 2001.058(f), Government Code, in the same
193	193	manner as if a rule were adopted as required by that subsection.
194	194	(c) The department shall provide to the property owner of
195	195	the applicable location a copy of any order issued under this
196	196	section.
197	197	SECTION 11. Subchapter F, Chapter 455, Occupations Code, is
198	198	amended by adding Section 455.253 to read as follows:
199	199	Sec. 455.253. INELIGIBILITY PERIOD ON LICENSE REVOCATION.
200	200	On the revocation of a license under Section 455.251, the
201	201	commission or executive director in the order revoking the license
202	202	may impose a period not to exceed five years for which the former
203	203	license holder is ineligible for a license under this chapter.
204	204	SECTION 12. Sections 455.351(a) and (b), Occupations Code,
205	205	are amended to read as follows:
206	206	(a) The attorney general, a district or county attorney, a
207	207	municipal attorney, or the department may institute an action for
208	208	injunctive relief to restrain a violation by a person who:
209	209	(1) appears to be in violation of or threatening to
210	210	violate this chapter, [or] a rule adopted under this chapter, or an
211	211	emergency order issued for a ground described by Section 455.252;
212	212	or
213	213	(2) is the owner or operator of an establishment that
214	214	offers massage therapy or other massage services regulated by this
215	215	chapter and is not licensed under this chapter.
216	216	(b) The attorney general, a district or county attorney, a
217	217	municipal attorney, or the department may institute an action to
218	218	collect a civil penalty from a person who appears to be in violation
219	219	of this chapter, [or] a rule adopted under this chapter, or an
220	220	emergency order issued for a ground described by Section 455.252.
221	221	The amount of a civil penalty must [shall] be not less than $1,000
222	222	or more than:
223	223	(1) $10,000 for each violation, other than a violation
224	224	described by Subdivision (2); or
225	225	(2) $20,000 for each violation of an emergency order
226	226	issued for a ground described by Section 455.252.
227	227	SECTION 13. Subchapter H, Chapter 455, Occupations Code, is
228	228	amended by adding Section 455.3525 to read as follows:
229	229	Sec. 455.3525. CRIMINAL PENALTY: VIOLATING CERTAIN
230	230	EMERGENCY ORDERS. (a) A person commits an offense if the person
231	231	knowingly violates an emergency order issued under Section 51.3511
232	232	for a ground described by Section 455.252.
233	233	(b) An offense under this section is a state jail felony.
234	234	SECTION 14. Section 455.353, Occupations Code, is amended
235	235	to read as follows:
236	236	Sec. 455.353. ENFORCEMENT BY PEACE OFFICERS. A peace
237	237	officer of this state, including a peace officer employed by a
238	238	political subdivision of the state, may enforce:
239	239	(1) this chapter; or
240	240	(2) an emergency order issued for a ground described
241	241	by Section 455.252.
242	242	SECTION 15. Section 455.005(e), Occupations Code, is
243	243	repealed.
244	244	SECTION 16. Sections 51.3511(c) and 455.252, Occupations
245	245	Code, as amended by this Act, apply only to an emergency order
246	246	issued on or after the effective date of this Act. An emergency
247	247	order issued before the effective date of this Act is governed by
248	248	the law in effect on the date the order was issued, and the former
249	249	law is continued in effect for that purpose.
250	250	SECTION 17. Sections 455.153 and 455.206, Occupations Code,
251	251	as amended by this Act, apply only to an application for a license
252	252	under Chapter 455, Occupations Code, submitted on or after the
253	253	effective date of this Act. An application for a license under that
254	254	chapter submitted before the effective date of this Act is governed
255	255	by the law in effect on the date the application was submitted, and
256	256	the former law is continued in effect for that purpose.
257	257	SECTION 18. Section 455.202(c-1), Occupations Code, as
258	258	added by this Act, applies only to an allegation made to a massage
259	259	establishment as described by that section on or after the
260	260	effective date of this Act.
261	261	SECTION 19. Section 455.351, Occupations Code, as amended
262	262	by this Act, applies only to conduct that occurs on or after the
263	263	effective date of this Act. Conduct that occurs before the
264	264	effective date of this Act is governed by the law in effect on the
265	265	date the conduct occurred, and the former law is continued in effect
266	266	for that purpose.
267	267	SECTION 20. To the extent of any conflict, this Act prevails
268	268	over another Act of the 89th Legislature, Regular Session, 2025,
269	269	relating to nonsubstantive additions to and corrections in enacted
270	270	codes.
271	271	SECTION 21. This Act takes effect September 1, 2025.