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AN ACT
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relating to the licensing and 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 455.202, Occupations Code, is amended by |
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amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) A massage establishment may not: |
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(1) employ an individual who is not a United States |
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citizen or a legal permanent resident with a valid work permit; |
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(2) employ a minor unless the minor's parent or legal |
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guardian authorizes in writing the minor's employment by the |
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establishment; |
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(3) allow a nude or partially nude employee to provide |
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massage therapy or other massage services to a customer; |
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(4) allow any individual, including a client, student, |
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license holder, or employee, to engage in sexual contact in the |
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massage establishment; [or] |
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(5) allow any individual, including a student, license |
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holder, or employee, to practice massage therapy in the nude or in |
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clothing designed to arouse or gratify the sexual desire of any |
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individual; or |
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(6) allow any individual, including a student, license |
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holder, or employee, to reside on the premises of the massage |
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establishment. |
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(e) Subsection (b)(6) does not apply to: |
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(1) a place of business exempted under Section |
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455.155(c)(2) from the requirement to hold a license as a massage |
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establishment; or |
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(2) a licensed massage therapist who practices as a |
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solo practitioner and who is exempted under Section 455.155(b) from |
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the requirement to hold a license as a massage establishment. |
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SECTION 2. Section 455.204, Occupations Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) The license of a massage therapist that is posted |
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under Subsection (b) must have attached to the front of the license |
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a photograph of the massage therapist. |
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SECTION 3. Subchapter E, Chapter 455, Occupations Code, is |
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amended by adding Section 455.207 to read as follows: |
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Sec. 455.207. POSTING OF CERTAIN NOTICES REQUIRED. (a) |
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Each massage establishment and massage school shall display in the |
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form and manner prescribed by the commission a sign concerning |
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services and assistance available to victims of human trafficking. |
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(b) The sign required by this section must: |
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(1) be in English, Spanish, Korean, Mandarin, and any |
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other language required by commission rule; |
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(2) include a toll-free telephone number of a |
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nationally recognized information and referral hotline for victims |
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of human trafficking; and |
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(3) be displayed in a conspicuous place clearly |
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visible to the public. |
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(c) The commission by rule shall establish requirements |
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regarding the posting of signs under this section. |
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SECTION 4. Not later than March 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 5. A massage establishment, as defined by Section |
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455.001, Occupations Code, shall comply with: |
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(1) Section 455.204(b-1), Occupations Code, as added |
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by this Act, not later than January 1, 2020; and |
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(2) Section 455.207, Occupations Code, as added by |
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this Act, not later than April 1, 2020. |
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SECTION 6. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2747 was passed by the House on May 2, |
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2019, by the following vote: Yeas 113, Nays 25, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2747 on May 23, 2019, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2747 on May 26, 2019, by the following vote: Yeas 91, |
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Nays 54, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2747 was passed by the Senate, with |
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amendments, on May 21, 2019, by the following vote: Yeas 30, Nays |
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1; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2747 on May 26, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |