BILL ANALYSIS S.B. 703 By: Zaffirini Licensing & Administrative Procedures Committee Report (Unamended) BACKGROUND AND PURPOSE The bill sponsor has informed the committee that there are ongoing concerns regarding human trafficking, sexual misconduct, and unlicensed or unethical practices within the massage therapy industry in Texas. S.B. 703 seeks to combat illicit activities in the industry while improving public safety by strengthening eligibility requirements for licensure and mandating the revocation of licenses for those convicted of specific criminal offenses. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 4 of this bill. ANALYSIS S.B. 703 reenacts and amends 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, to conform to all changes made by Chapter 13 (S.B. 483) that included certain prostitution offenses among the offenses for which a conviction, plea of guilty or nolo contendere, or deferred adjudication renders a person ineligible for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor and removed sexual offenses from those offenses and to conform to the changes made by Chapter 440 (H.B. 2016) that included sexual assault and aggravated sexual assault among those offenses. The bill further expands those offenses to include the following: an offense of: o continuous sexual abuse of a young child or disabled individual; o bestiality; o indecency with a child; o improper relationship between an educator and a student; o invasive visual recording; o unlawful disclosure or promotion of intimate visual material; o unlawful production or distribution of certain sexually explicit videos; o sexual coercion; o indecent assault; o prohibited sexual conduct; o sexual performance by a child; o possession or promotion of child pornography; or o possession or promotion of lewd visual material depicting a child; criminal attempt, conspiracy, or solicitation under the Penal Code, if the intended offense is an offense that renders the person ineligible under current statute or the bill for such a license; and an offense under federal law or the laws of another state containing elements that are substantially similar to the elements of an offense included by the bill's provisions. The bill reflects these changes in the requirement for the Texas Commission of Licensing and Regulation (TCLR) or executive director of the Texas Department of Licensing and Regulation (TDLR) to revoke the license of a person licensed as a massage therapist or massage therapy instructor if the person is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for certain offenses. The bill requires TCLR, as soon as practicable after the bill's effective date, to adopt rules necessary to implement the bill's provisions relating to ineligibility for and revocation of an applicable massage license. S.B. 703 amends the Penal Code to include a massage therapist licensed by TDLR among the individuals designated as a health care services provider for purposes of statutory provisions relating to sexual assault. This provision applies only to an offense committed on or after the bill's effective date. An offense committed before that date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 703
By: Zaffirini
Licensing & Administrative Procedures
Committee Report (Unamended)
S.B. 703
By: Zaffirini
Licensing & Administrative Procedures
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill sponsor has informed the committee that there are ongoing concerns regarding human trafficking, sexual misconduct, and unlicensed or unethical practices within the massage therapy industry in Texas. S.B. 703 seeks to combat illicit activities in the industry while improving public safety by strengthening eligibility requirements for licensure and mandating the revocation of licenses for those convicted of specific criminal offenses.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 4 of this bill.
ANALYSIS S.B. 703 reenacts and amends 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, to conform to all changes made by Chapter 13 (S.B. 483) that included certain prostitution offenses among the offenses for which a conviction, plea of guilty or nolo contendere, or deferred adjudication renders a person ineligible for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor and removed sexual offenses from those offenses and to conform to the changes made by Chapter 440 (H.B. 2016) that included sexual assault and aggravated sexual assault among those offenses. The bill further expands those offenses to include the following: an offense of: o continuous sexual abuse of a young child or disabled individual; o bestiality; o indecency with a child; o improper relationship between an educator and a student; o invasive visual recording; o unlawful disclosure or promotion of intimate visual material; o unlawful production or distribution of certain sexually explicit videos; o sexual coercion; o indecent assault; o prohibited sexual conduct; o sexual performance by a child; o possession or promotion of child pornography; or o possession or promotion of lewd visual material depicting a child; criminal attempt, conspiracy, or solicitation under the Penal Code, if the intended offense is an offense that renders the person ineligible under current statute or the bill for such a license; and an offense under federal law or the laws of another state containing elements that are substantially similar to the elements of an offense included by the bill's provisions. The bill reflects these changes in the requirement for the Texas Commission of Licensing and Regulation (TCLR) or executive director of the Texas Department of Licensing and Regulation (TDLR) to revoke the license of a person licensed as a massage therapist or massage therapy instructor if the person is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for certain offenses. The bill requires TCLR, as soon as practicable after the bill's effective date, to adopt rules necessary to implement the bill's provisions relating to ineligibility for and revocation of an applicable massage license. S.B. 703 amends the Penal Code to include a massage therapist licensed by TDLR among the individuals designated as a health care services provider for purposes of statutory provisions relating to sexual assault. This provision applies only to an offense committed on or after the bill's effective date. An offense committed before that date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
The bill sponsor has informed the committee that there are ongoing concerns regarding human trafficking, sexual misconduct, and unlicensed or unethical practices within the massage therapy industry in Texas. S.B. 703 seeks to combat illicit activities in the industry while improving public safety by strengthening eligibility requirements for licensure and mandating the revocation of licenses for those convicted of specific criminal offenses.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 4 of this bill.
ANALYSIS
S.B. 703 reenacts and amends 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, to conform to all changes made by Chapter 13 (S.B. 483) that included certain prostitution offenses among the offenses for which a conviction, plea of guilty or nolo contendere, or deferred adjudication renders a person ineligible for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor and removed sexual offenses from those offenses and to conform to the changes made by Chapter 440 (H.B. 2016) that included sexual assault and aggravated sexual assault among those offenses. The bill further expands those offenses to include the following:
an offense of:
o continuous sexual abuse of a young child or disabled individual;
o bestiality;
o indecency with a child;
o improper relationship between an educator and a student;
o invasive visual recording;
o unlawful disclosure or promotion of intimate visual material;
o unlawful production or distribution of certain sexually explicit videos;
o sexual coercion;
o indecent assault;
o prohibited sexual conduct;
o sexual performance by a child;
o possession or promotion of child pornography; or
o possession or promotion of lewd visual material depicting a child;
criminal attempt, conspiracy, or solicitation under the Penal Code, if the intended offense is an offense that renders the person ineligible under current statute or the bill for such a license; and
an offense under federal law or the laws of another state containing elements that are substantially similar to the elements of an offense included by the bill's provisions.
The bill reflects these changes in the requirement for the Texas Commission of Licensing and Regulation (TCLR) or executive director of the Texas Department of Licensing and Regulation (TDLR) to revoke the license of a person licensed as a massage therapist or massage therapy instructor if the person is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for certain offenses. The bill requires TCLR, as soon as practicable after the bill's effective date, to adopt rules necessary to implement the bill's provisions relating to ineligibility for and revocation of an applicable massage license.
S.B. 703 amends the Penal Code to include a massage therapist licensed by TDLR among the individuals designated as a health care services provider for purposes of statutory provisions relating to sexual assault. This provision applies only to an offense committed on or after the bill's effective date. An offense committed before that date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE
September 1, 2025.