By: Bumgarner H.B. No. 3945
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of massage therapy and
other programs administered by the Texas Department of Licensing
and Regulation; creating a criminal offense; providing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.001(6), Occupations Code, is amended
to read as follows:
(6) "Sanction" means an action by the commission or
executive director against a license holder or another person,
including the denial, suspension, or revocation of a license, the
reprimand of a license holder, or the placement of a license holder
on probation.
SECTION 2. Section 51.3511(c), Occupations Code, is amended
to read as follows:
(c) If an emergency order is issued under this section
without a hearing, the executive director shall set the time and
place for a hearing conducted by the State Office of Administrative
Hearings to affirm, modify, or set aside the emergency order not
later than the 17th [10th] day after the date the order was issued.
The order shall be affirmed to the extent that reasonable cause
existed to issue the order.
SECTION 3. Section 455.001, Occupations Code, is amended by
adding Subdivision (14) to read as follows:
(14) "Sanction" has the meaning assigned by Section
51.001.
SECTION 4. 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) 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 22.011, 22.021, 43.021,
43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code; or
(2) 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).
(b) An entity is not eligible for a license as a massage
establishment or massage school if:
(1) an individual described by Section 455.1525(e)
with respect to the entity has been convicted of, entered a plea of
nolo contendere or guilty to, or received deferred adjudication for
an offense described by Subsection (a)(1) or (2);
(2) the entity or an owner or operator of the entity is
currently subject to an emergency order under Section 51.3511 for a
ground described by Section 455.252;
(3) a license issued under this chapter to the entity
or an owner or operator of the entity has been revoked under Section
455.251(c)(1);
(4) the applicant has previously been evicted on the
basis of a violation of the Occupations Code; or
(5) the location for which the application is
submitted is currently subject to an emergency order under Section
51.3511 for a ground described by Section 455.252.
SECTION 5. Section 455.153, Occupations Code, is amended to
read as follows:
Sec. 455.153. APPLICATION FOR LICENSE. (a) An applicant
for a license under this chapter must:
(1) submit an application in the manner and on a form
prescribed by the executive director;
(2) pass any required examination; and
(3) include with the application the application fee
set by the commission by rule.
(b) For purposes of Subsection (a)(1), an applicant for a
license as a massage establishment or massage school shall include
with the application:
(1) a list of each individual for which the applicant
is required to submit fingerprints under Section 455.1525(e); and
(2) an explanation of the relationship between each
individual described by Subdivision (1) and the applicant.
SECTION 6. Section 455.202, Occupations Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) A massage establishment shall report to the
department any allegation made to the massage establishment of
sexual contact between a massage therapist employed by or
contracted by the massage establishment and a client not later than
24 hours after receiving notice of the allegation.
SECTION 7. Section 455.206, Occupations Code, is amended to
read as follows:
Sec. 455.206. NEW LICENSE REQUIRED FOR [ESTABLISHMENT]
CHANGE OF LOCATION OF ESTABLISHMENT OR SCHOOL [PROHIBITED]. A
massage establishment or massage school may not change the location
of the establishment or school without obtaining a new massage
establishment or massage school license under this chapter, as
appropriate.
SECTION 8. Subchapter E, Chapter 455, Occupations Code, is
amended by adding Section 455.208 to read as follows:
Sec. 455.208. TEMPORARY PROHIBITION ON ISSUANCE OF CERTAIN
ESTABLISHMENT OR SCHOOL LICENSES. (a) If the executive director
issues an emergency order against a massage establishment or
massage school for a ground described by Section 455.252, the
executive director in the order may prohibit for a period not to
exceed one year the issuance of a massage establishment or massage
school license with respect to the location where the establishment
or school previously operated.
(b) If the license of a massage establishment or massage
school is revoked under Section 455.251, the commission or
executive director in the order revoking the license may prohibit
for a period not to exceed five years the issuance of a massage
establishment or massage school license with respect to the
location where the establishment or school previously operated.
(c) The department shall provide to the property owner of
the applicable location a copy of any order issued under Subsection
(a) or (b).
(d) Not later than the 30th day after the date on which the
copy of an order is provided under Subsection (c), the property
owner may submit a request to the department to rescind the
prohibition described by Subsection (a) or (b). The request must
include documentation sufficient to demonstrate that the owner has
undertaken or implemented procedures and controls to prevent the
commission of an offense under Chapter 20A or Section 34.02, 43.02,
43.021, 43.03, 43.04, 43.05, or 71.02, Penal Code, on the property
subject to the prohibition.
(e) On receipt of a request under Subsection (d), the
commission or executive director:
(1) may approve the request to rescind the prohibition
if:
(A) the ownership of the property subject to the
prohibition changed less than two years before the date of the
request under Subsection (d); and
(B) the current owner of the property is not a
person against whom:
(i) a sanction has been imposed for a
violation of this chapter; or
(ii) injunctive relief has been obtained or
a civil penalty has been imposed under Section 455.351; or
(2) shall approve the request to rescind the
prohibition as soon as practicable after the date on which the
request is received if:
(A) the ownership of the property subject to the
prohibition changed two or more years before the date of the request
under Subsection (d);
(B) in the two-year period described by Paragraph
(A), an arrest has not occurred for, a citation in lieu of arrest
has not been issued for, and a conviction has not resulted from an
offense listed in Subsection (d) committed on the property subject
to the prohibition; and
(C) the current owner of the property is not a
person against whom:
(i) a sanction has been imposed for a
violation of this chapter; or
(ii) injunctive relief has been obtained or
a civil penalty has been imposed under Section 455.351.
SECTION 9. Section 455.251(a), Occupations Code, is amended
to read as follows:
(a) The commission or executive director may refuse to issue
a license to a person, suspend, revoke, or refuse to renew the
license of a person, or impose an administrative penalty under
Subchapter F, Chapter 51, on a person licensed under this chapter if
the person:
(1) obtains or attempts to obtain a license by fraud,
misrepresentation, or concealment of material facts;
(2) sells, barters, or offers to sell or barter a
license;
(3) violates a rule adopted by the commission under
this chapter;
(4) engages in unprofessional conduct as defined by
commission rule that endangers or is likely to endanger the health,
welfare, or safety of the public;
(5) violates an order or ordinance adopted by a
political subdivision under Chapter 243, Local Government Code;
[or]
(6) violates this chapter; or
(7) engages in conduct constituting an offense under
Chapter 20A, Penal Code.
SECTION 10. Section 455.252, Occupations Code, is amended
to read as follows:
Sec. 455.252. EMERGENCY ORDER. (a) The executive director
may issue an emergency order under Section 51.3511 halting the
operation of or suspending the license of a massage establishment
or massage school for a period not to exceed one year if[:
[(1) a law enforcement agency gives notice to the
department, or the department otherwise learns, that the law
enforcement agency is investigating the massage establishment for
an offense under Chapter 20A, Penal Code; or
[(2)] the department has reasonable cause to believe
that an offense under Chapter 20A, Penal Code, is being committed at
the massage establishment or massage school.
(b) A hearing on an emergency order issued under Section
51.3511 for a ground described by this section is a contested case
and subject to Section 2001.058(f), Government Code, in the same
manner as if a rule were adopted as required by that subsection.
(c) The department shall provide to the property owner of
the applicable location a copy of any order issued under this
section.
SECTION 11. Subchapter F, Chapter 455, Occupations Code, is
amended by adding Section 455.253 to read as follows:
Sec. 455.253. INELIGIBILITY PERIOD ON LICENSE REVOCATION.
On the revocation of a license under Section 455.251, the
commission or executive director in the order revoking the license
may impose a period not to exceed five years for which the former
license holder is ineligible for a license under this chapter.
SECTION 12. Sections 455.351(a) and (b), Occupations Code,
are amended to read as follows:
(a) The attorney general, a district or county attorney, a
municipal attorney, or the department may institute an action for
injunctive relief to restrain a violation by a person who:
(1) appears to be in violation of or threatening to
violate this chapter, [or] a rule adopted under this chapter, or an
emergency order issued for a ground described by Section 455.252;
or
(2) is the owner or operator of an establishment that
offers massage therapy or other massage services regulated by this
chapter and is not licensed under this chapter.
(b) The attorney general, a district or county attorney, a
municipal attorney, or the department may institute an action to
collect a civil penalty from a person who appears to be in violation
of this chapter, [or] a rule adopted under this chapter, or an
emergency order issued for a ground described by Section 455.252.
The amount of a civil penalty must [shall] be not less than $1,000
or more than:
(1) $10,000 for each violation, other than a violation
described by Subdivision (2); or
(2) $20,000 for each violation of an emergency order
issued for a ground described by Section 455.252.
SECTION 13. Subchapter H, Chapter 455, Occupations Code, is
amended by adding Section 455.3525 to read as follows:
Sec. 455.3525. CRIMINAL PENALTY: VIOLATING CERTAIN
EMERGENCY ORDERS. (a) A person commits an offense if the person
knowingly violates an emergency order issued under Section 51.3511
for a ground described by Section 455.252.
(b) An offense under this section is a state jail felony.
SECTION 14. Section 455.353, Occupations Code, is amended
to read as follows:
Sec. 455.353. ENFORCEMENT BY PEACE OFFICERS. A peace
officer of this state, including a peace officer employed by a
political subdivision of the state, may enforce:
(1) this chapter; or
(2) an emergency order issued for a ground described
by Section 455.252.
SECTION 15. Section 455.005(e), Occupations Code, is
repealed.
SECTION 16. Sections 51.3511(c) and 455.252, Occupations
Code, as amended by this Act, apply only to an emergency order
issued on or after the effective date of this Act. An emergency
order issued before the effective date of this Act is governed by
the law in effect on the date the order was issued, and the former
law is continued in effect for that purpose.
SECTION 17. Sections 455.153 and 455.206, Occupations Code,
as amended by this Act, apply only to an application for a license
under Chapter 455, Occupations Code, submitted on or after the
effective date of this Act. An application for a license under that
chapter submitted before the effective date of this Act is governed
by the law in effect on the date the application was submitted, and
the former law is continued in effect for that purpose.
SECTION 18. Section 455.202(c-1), Occupations Code, as
added by this Act, applies only to an allegation made to a massage
establishment as described by that section on or after the
effective date of this Act.
SECTION 19. Section 455.351, Occupations Code, as amended
by this Act, applies only to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
SECTION 20. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 21. This Act takes effect September 1, 2025.