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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of massage therapy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.355, Occupations Code, is amended by |
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adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) Subsection (a) does not apply to a person whose |
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license was revoked under Section 455.251(b)(1). |
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(a-2) This subsection and Subsection (a-1) expire September |
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1, 2025. |
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SECTION 2. Section 455.152, Occupations Code, is amended to |
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read as follows: |
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Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not |
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eligible for a license as a massage establishment, massage school, |
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massage therapist, or massage therapy instructor if the person is |
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an individual and has been convicted of, entered a plea of nolo |
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contendere or guilty to, or received deferred adjudication for: |
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(1) an offense under Chapter 20A, Penal Code, or |
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Section 43.03, 43.031, 43.04, 43.041, or 43.05 [Subchapter A, |
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Chapter 43], Penal Code; [,] or |
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(2) an offense under federal law or the laws of another |
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state containing elements that are substantially similar to the |
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elements of an offense described by Subdivision (1) [another sexual |
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offense]. |
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SECTION 3. The heading to Section 455.251, Occupations |
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Code, is amended to read as follows: |
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Sec. 455.251. GROUNDS FOR LICENSE DENIAL, [OR] DISCIPLINARY |
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ACTION, OR ADMINISTRATIVE PENALTY. |
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SECTION 4. Sections 455.251(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The commission or executive director may refuse to issue |
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a license to a person, [and shall] suspend, revoke, or refuse to |
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renew the license of a person, or impose an administrative penalty |
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under Subchapter F, Chapter 51, on [shall reprimand] a person |
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licensed under this chapter if the person: |
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(1) obtains or attempts to obtain a license by fraud, |
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misrepresentation, or concealment of material facts; |
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(2) sells, barters, or offers to sell or barter a |
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license; |
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(3) violates a rule adopted by the commission under |
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this chapter; |
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(4) engages in unprofessional conduct as defined by |
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commission rule that endangers or is likely to endanger the health, |
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welfare, or safety of the public; |
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(5) violates an order or ordinance adopted by a |
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political subdivision under Chapter 243, Local Government Code; or |
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(6) violates this chapter. |
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(b) The commission or executive director shall revoke the |
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license of a person licensed as a massage therapist or massage |
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therapy instructor if: |
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(1) the person is convicted of, enters a plea of nolo |
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contendere or guilty to, or receives deferred adjudication for: |
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(A) an offense under Chapter 20A, Penal Code, or |
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Section 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code |
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[involving prostitution or another sexual offense]; or |
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(B) an offense under federal law or the laws of |
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another state containing elements that are substantially similar to |
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the elements of an offense described by Paragraph (A); or |
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(2) the commission or executive director determines |
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the person has practiced or administered massage therapy at or for a |
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sexually oriented business. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the Texas Commission of Licensing and Regulation shall |
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adopt rules necessary to implement Sections 455.152 and 455.251, |
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Occupations Code, as amended by this Act. |
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SECTION 6. Section 51.355(a-1), Occupations Code, as added |
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by this Act, applies only with respect to a license revoked under |
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Section 455.251(b)(1), Occupations Code, as that section existed |
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immediately before the effective date of this Act. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |