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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of massage therapy; |
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requiring a student permit; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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)] A person is |
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not eligible for a license as a massage establishment, massage |
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school, massage therapist, or massage therapy instructor if the |
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person is an individual and has been convicted of, entered a plea of |
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nolo contendere or guilty to, or received deferred adjudication for |
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an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter |
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43, Penal Code, or another sexual offense. |
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[(b)
A person convicted of a violation of this chapter is
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ineligible for a license as a massage establishment, massage
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school, massage therapist, or massage therapy instructor until the
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fifth anniversary of the date of the conviction.] |
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SECTION 2. Section 455.160(h), Occupations Code, is amended |
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to read as follows: |
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(h) On receipt of a request for a renewal of a license issued |
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under this chapter, the department shall [may] conduct a criminal |
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background check under Section 455.1525. |
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SECTION 3. Subchapter D, Chapter 455, Occupations Code, is |
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amended by adding Section 455.161 to read as follows: |
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Sec. 455.161. STUDENT PERMIT; ELIGIBILITY. (a) The |
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department shall require a student enrolled in a massage school in |
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this state to hold a permit stating the student's name and the name |
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of the school. The permit must be displayed in a reasonable manner |
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at the school. |
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(b) The department shall issue a student permit to an |
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applicant who submits an application to the department for a |
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student permit accompanied by any required fee. |
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(c) An applicant for a student permit described by this |
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section shall: |
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(1) submit an enrollment application to the department |
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in a form and manner prescribed by the department; and |
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(2) satisfy other requirements specified by the |
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department. |
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SECTION 4. Subchapter E, Chapter 455, Occupations Code, is |
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amended by adding Section 455.2035 to read as follows: |
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Sec. 455.2035. REPORTS TO DEPARTMENT. (a) A massage school |
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shall maintain a monthly progress report regarding each student |
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attending the school. The report must certify the daily attendance |
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record of each student and the number of credit hours earned by each |
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student during the previous month. |
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(b) On a student's completion of a prescribed course of |
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instruction, the school shall notify the department that the |
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student has completed the required number of hours and is eligible |
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to take the appropriate examination. |
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SECTION 5. Section 455.158, Occupations Code, is repealed. |
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SECTION 6. Not later than January 1, 2020, the Texas |
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Commission of Licensing and Regulation shall adopt rules necessary |
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to implement the changes in law made by this Act to Chapter 455, |
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Occupations Code. |
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SECTION 7. Section 455.160(h), Occupations Code, as amended |
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by this Act, applies only to an application for the renewal of a |
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license submitted on or after the effective date of this Act. An |
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application submitted before that date is governed by the law in |
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effect on the date the application was submitted, and the former law |
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is continued in effect for that purpose. |
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SECTION 8. (a) In this section, "massage school" has the |
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meaning assigned by Section 455.001, Occupations Code. |
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(b) Section 455.161, Occupations Code, as added by this Act, |
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applies to a student who is enrolled in a massage school on or after |
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January 1, 2020. |
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(c) The Texas Commission of Licensing and Regulation shall |
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adopt rules under Section 455.161, Occupations Code, as added by |
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this Act, not later than November 1, 2019. |
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SECTION 9. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2019. |
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(b) Sections 455.161 and 455.2035, Occupations Code, as |
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added by this Act, take effect January 1, 2020. |