87R12259 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 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 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 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

(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 an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter 43, Penal Code, [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 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.