| 2 | + | (In the Senate - Filed March 10, 2025; March 24, 2025, read |
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| 3 | + | first time and referred to Committee on Business & Commerce; |
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| 4 | + | April 16, 2025, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 11, Nays 0; April 16, 2025, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 2167 By: Nichols |
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| 2 | 9 | | |
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| 3 | 10 | | |
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| 4 | 11 | | |
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| 5 | 12 | | |
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| 6 | 13 | | A BILL TO BE ENTITLED |
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| 7 | 14 | | AN ACT |
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| 8 | 15 | | relating to the licensing and regulation of massage therapy. |
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| 9 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 17 | | SECTION 1. Section 455.206, Occupations Code, is amended to |
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| 11 | 18 | | read as follows: |
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| 12 | 19 | | Sec. 455.206. NEW LICENSE REQUIRED FOR [ESTABLISHMENT] |
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| 13 | 20 | | CHANGE OF LOCATION OF ESTABLISHMENT OR SCHOOL [PROHIBITED]. A |
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| 14 | 21 | | massage establishment or massage school may not change the location |
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| 15 | 22 | | of the establishment or school without obtaining a new massage |
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| 16 | 23 | | establishment or massage school license under this chapter, as |
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| 17 | 24 | | appropriate. |
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| 18 | 25 | | SECTION 2. Section 455.251, Occupations Code, is amended by |
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| 19 | 26 | | adding Subsections (d), (e), and (f) to read as follows: |
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| 20 | 27 | | (d) If the applicant for a massage establishment or massage |
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| 21 | 28 | | school license under this chapter is subject to an emergency order |
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| 22 | 29 | | under Section 51.3511 for a ground described by Section 455.252, |
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| 23 | 30 | | the commission or executive director may delay the determination to |
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| 24 | 31 | | approve or refuse the issuance of the license for the period during |
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| 25 | 32 | | which the emergency order is in effect. For purposes of this |
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| 26 | 33 | | subsection, if the applicant is an entity, the applicant is |
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| 27 | 34 | | considered to be subject to the emergency order if any owner or |
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| 28 | 35 | | operator of the entity is subject to the emergency order. |
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| 29 | 36 | | (e) The commission or executive director may delay the |
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| 30 | 37 | | determination to approve or refuse the issuance of a massage |
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| 31 | 38 | | establishment or massage school license for a period of up to 90 |
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| 32 | 39 | | days after the date on which the application for the license is |
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| 33 | 40 | | submitted if the commission or executive director has reasonable |
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| 34 | 41 | | cause to believe an offense under Chapter 20A, Penal Code: |
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| 35 | 42 | | (1) is being or is likely to be committed at the |
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| 36 | 43 | | location for which the license is sought; or |
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| 37 | 44 | | (2) was committed at a massage establishment or |
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| 38 | 45 | | massage school owned or operated by the applicant or, if the |
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| 39 | 46 | | applicant is an entity, operated by any owner or operator of the |
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| 40 | 47 | | applicant. |
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| 41 | 48 | | (f) For purposes of Subsection (e), the date that an |
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| 42 | 49 | | application is submitted is the date on which a complete |
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| 43 | 50 | | application is received by the department, including any additional |
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| 44 | 51 | | requested materials. |
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| 45 | 52 | | SECTION 3. As soon as practicable after the effective date |
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| 46 | 53 | | of this Act, the Texas Commission of Licensing and Regulation shall |
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| 47 | 54 | | adopt rules necessary to implement the changes in law made by this |
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| 48 | 55 | | Act to Chapter 455, Occupations Code. |
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| 49 | 56 | | SECTION 4. This Act takes effect September 1, 2025. |
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