87R17356 JCG-D
 
  By: A. Johnson of Harris H.B. No. 3616
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of massage therapy.
         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 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:
               (1)  an offense under Chapter 20A, Penal Code, or
  Section 43.03, 43.031, 43.04, 43.041, or 43.05 [Subchapter A,
  Chapter 43], Penal Code; [,] or
               (2)  an offense under federal law or the laws of another
  state containing elements that are substantially similar to the
  elements of an offense described by Subdivision (1) [another sexual
  offense].
         SECTION 2.  Section 455.251, Occupations Code, is amended to
  read as follows:
         Sec. 455.251.  GROUNDS FOR LICENSE DENIAL, [OR] DISCIPLINARY
  ACTION, OR ADMINISTRATIVE PENALTY. (a) The commission or
  executive director may refuse to issue a license to a person, [and
  shall] suspend, revoke, or refuse to renew the license of a person,
  or impose an administrative penalty under Subchapter F, Chapter 51,
  on [shall reprimand] a person licensed under this chapter if the
  person:
               (1)  obtains or attempts to obtain a license by fraud,
  misrepresentation, or concealment of material facts;
               (2)  sells, barters, or offers to sell or barter a
  license;
               (3)  violates a rule adopted by the commission under
  this chapter;
               (4)  engages in unprofessional conduct as defined by
  commission rule that endangers or is likely to endanger the health,
  welfare, or safety of the public;
               (5)  violates an order or ordinance adopted by a
  political subdivision under Chapter 243, Local Government Code; or
               (6)  violates this chapter.
         (b)  The commission or executive director shall revoke the
  license of a person licensed as a massage therapist or massage
  therapy instructor if:
               (1)  the person is convicted of, enters a plea of nolo
  contendere or guilty to, or receives deferred adjudication for:
                     (A)  an offense under Chapter 20A, Penal Code, or
  Section 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code
  [involving prostitution or another sexual offense]; or
                     (B)  an offense under federal law or the laws of
  another state containing elements that are substantially similar to
  the elements of an offense described by Paragraph (A); or
               (2)  the commission or executive director determines
  the person has practiced or administered massage therapy at or for a
  sexually oriented business.
         (c)  The commission or executive director:
               (1)  shall revoke the license of a person licensed as a
  massage school or massage establishment if the commission or
  executive director determines that[:
               [(1)]  the school or establishment is a sexually
  oriented business; and [or]
               (2)  may revoke the license of a person licensed as a
  massage school or massage establishment if the commission or
  executive director determines that any of the following offenses
  occurred on the premises of the school or establishment and [an
  offense involving prostitution or another sexual offense that]
  resulted in a conviction for the offense, a plea of nolo contendere
  or guilty to the offense, or a grant of deferred adjudication for
  the offense:
                     (A)  an offense under Chapter 20A, Penal Code;
                     (B)  an offense under Subchapter A, Chapter 43,
  Penal Code;
                     (C)  an offense under federal law containing
  elements that are substantially similar to the elements of an
  offense described by Paragraph (A) or (B); or
                     (D)  another sexual offense under the laws of this
  state [occurred on the premises of the school or establishment].
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the Texas Commission of Licensing and Regulation shall
  adopt rules necessary to implement Sections 455.152 and 455.251,
  Occupations Code, as amended by this Act.
         SECTION 4.  This Act takes effect September 1, 2021.