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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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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 455.1525, Occupations Code, is amended |
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to read as follows: |
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Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The |
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department shall require an applicant for a license to submit a |
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complete and legible set of fingerprints, on a form prescribed by |
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the department, to the department or to the Department of Public |
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Safety for the purpose of obtaining criminal history record |
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information from the Department of Public Safety and the Federal |
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Bureau of Investigation [On receipt of an application for a license
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under this chapter, the department shall conduct a criminal
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background check on the applicant]. |
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(b) The department may not issue a license to a person who |
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does not comply with the requirement of Subsection (a). |
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(c) The department shall conduct a criminal history record |
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information check of each applicant for a license using |
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information: |
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(1) provided by the individual under this section; and |
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(2) made available to the department by the Department |
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of Public Safety, the Federal Bureau of Investigation, and any |
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other criminal justice agency under Chapter 411, Government Code. |
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(d) The department may: |
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(1) enter into an agreement with the Department of |
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Public Safety to administer a criminal history record information |
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check required under this section; and |
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(2) authorize the Department of Public Safety to |
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collect from each applicant the costs incurred by the Department of |
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Public Safety in conducting the criminal history record information |
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check. |
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(e) For purposes of this section, if the applicant for a |
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license is an entity, the applicant must submit fingerprints as |
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required by Subsection (a) for each individual who: |
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(1) personally or constructively holds, including as |
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the beneficiary of a trust: |
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(A) at least 10 percent of the entity's |
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outstanding stock; or |
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(B) more than $25,000 of the fair market value of |
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the entity; |
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(2) has the controlling interest in the entity; |
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(3) has a direct or indirect participating interest |
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through shares, stock, or otherwise, regardless of whether voting |
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rights are included, of more than 10 percent of the profits, |
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proceeds, or capital gains of the entity; |
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(4) is a member of the board of directors or other |
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governing body of the entity; or |
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(5) serves as: |
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(A) an elected officer of the entity; or |
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(B) a general manager of the entity. |
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SECTION 2. 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 3. 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 4. 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 5. 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 6. (a) Section 455.1525, Occupations Code, as |
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amended by this Act, applies only to an application for a license |
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submitted on or after the effective date of this Act. An |
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application for a license submitted before that date is governed by |
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the law in effect on the date the application was submitted, and the |
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former law is continued in effect for that purpose. |
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(b) Not later than September 1, 2021, the Texas Department |
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of Licensing and Regulation shall obtain criminal history record |
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information on each person who, on the effective date of this Act, |
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holds a license issued under Chapter 455, Occupations Code, and did |
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not undergo a criminal history record information check based on |
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the license holder's fingerprints on initial application for the |
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license. The department may suspend the license of a license holder |
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who does not provide the criminal history record information as |
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required by the department and this subsection. |
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SECTION 7. 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 8. This Act takes effect September 1, 2019. |