By: Landgraf, et al. (Senate Sponsor - Nelson) H.B. No. 1865
         (In the Senate - Received from the House April 30, 2019;
  May 3, 2019, read first time and referred to Committee on Business &
  Commerce; May 20, 2019, reported favorably by the following vote:  
  Yeas 8, Nays 0; May 20, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the licensing and regulation of massage therapy;
  requiring a student permit; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 455.152, Occupations Code, is 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
  an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter
  43, Penal Code, or another sexual offense.
         [(b)     A person convicted of a violation of this chapter is
  ineligible for a license as a massage establishment, massage
  school, massage therapist, or massage therapy instructor until the
  fifth anniversary of the date of the conviction.]
         SECTION 2.  Section 455.1525, Occupations Code, is amended
  to read as follows:
         Sec. 455.1525.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a)  The
  department shall require an applicant for a license to submit a
  complete and legible set of fingerprints, on a form prescribed by
  the department, to the department or to the Department of Public
  Safety for the purpose of obtaining criminal history record
  information from the Department of Public Safety and the Federal
  Bureau of Investigation  [On receipt of an application for a license
  under this chapter, the department shall conduct a criminal
  background check on the applicant].
         (b)  The department may not issue a license to a person who
  does not comply with the requirement of Subsection (a).
         (c)  The department shall conduct a criminal history record
  information check of each applicant for a license using
  information:
               (1)  provided by the individual under this section; and
               (2)  made available to the department by the Department
  of Public Safety, the Federal Bureau of Investigation, and any
  other criminal justice agency under Chapter 411, Government Code.
         (d)  The department may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history record information
  check required under this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the Department of
  Public Safety in conducting the criminal history record information
  check.
         (e)  For purposes of this section, if the applicant for a
  license is an entity, the applicant must submit fingerprints as
  required by Subsection (a) for each individual who:
               (1)  personally or constructively holds, including as
  the beneficiary of a trust:
                     (A)  at least 10 percent of the entity's
  outstanding stock; or
                     (B)  more than $25,000 of the fair market value of
  the entity;
               (2)  has the controlling interest in the entity;
               (3)  has a direct or indirect participating interest
  through shares, stock, or otherwise, regardless of whether voting
  rights are included, of more than 10 percent of the profits,
  proceeds, or capital gains of the entity;
               (4)  is a member of the board of directors or other
  governing body of the entity; or
               (5)  serves as:
                     (A)  an elected officer of the entity; or
                     (B)  a general manager of the entity.
         SECTION 3.  Section 455.160(h), Occupations Code, is amended
  to read as follows:
         (h)  On receipt of a request for a renewal of a license issued
  under this chapter, the department shall [may] conduct a criminal
  background check under Section 455.1525.
         SECTION 4.  Subchapter D, Chapter 455, Occupations Code, is
  amended by adding Section 455.161 to read as follows:
         Sec. 455.161.  STUDENT PERMIT; ELIGIBILITY. (a) The
  department shall require a student enrolled in a massage school in
  this state to hold a permit stating the student's name and the name
  of the school.  The permit must be displayed in a reasonable manner
  at the school.
         (b)  The department shall issue a student permit to an
  applicant who submits an application to the department for a
  student permit accompanied by any required fee.
         (c)  An applicant for a student permit described by this
  section shall:
               (1)  submit an enrollment application to the department
  in a form and manner prescribed by the department; and
               (2)  satisfy other requirements specified by the
  department.
         SECTION 5.  Subchapter E, Chapter 455, Occupations Code, is
  amended by adding Section 455.2035 to read as follows:
         Sec. 455.2035.  REPORTS TO DEPARTMENT. (a) A massage school
  shall maintain a monthly progress report regarding each student
  attending the school.  The report must certify the daily attendance
  record of each student and the number of credit hours earned by each
  student during the previous month.
         (b)  On a student's completion of a prescribed course of
  instruction, the school shall notify the department that the
  student has completed the required number of hours and is eligible
  to take the appropriate examination.
         SECTION 6.  Section 455.158, Occupations Code, is repealed.
         SECTION 7.  Not later than March 1, 2020, the Texas
  Commission of Licensing and Regulation shall adopt rules necessary
  to implement the changes in law made by this Act to Chapter 455,
  Occupations Code.
         SECTION 8.  (a)  Section 455.1525, Occupations Code, as
  amended by this Act, applies only to an application for a license
  submitted on or after the effective date of this Act. An
  application for a license submitted before that date 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.
         (b)  Not later than September 1, 2021, the Texas Department
  of Licensing and Regulation shall obtain criminal history record
  information on each person who, on the effective date of this Act,
  holds a license issued under Chapter 455, Occupations Code, and did
  not undergo a criminal history record information check based on
  the license holder's fingerprints on initial application for the
  license. The department may suspend the license of a license holder
  who does not provide the criminal history record information as
  required by the department and this subsection.
         SECTION 9.  Section 455.160(h), Occupations Code, as amended
  by this Act, applies only to an application for the renewal of a
  license submitted on or after the effective date of this Act.  An
  application submitted before that date 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 10.  (a) In this section, "massage school" has the
  meaning assigned by Section 455.001, Occupations Code.
         (b)  Section 455.161, Occupations Code, as added by this Act,
  applies to a student who is enrolled in a massage school on or after
  June 1, 2020.
         SECTION 11.  (a) Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2019.
         (b)  Section 455.2035, Occupations Code, as added by this
  Act, takes effect July 1, 2020.
 
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