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A BILL TO BE ENTITLED
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AN ACT
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relating to the 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 455.152, Occupations Code, is amended to |
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read as follows: |
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Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not |
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eligible for a license as a massage establishment, massage school, |
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massage therapist, or massage therapy instructor if the person is |
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an individual and has been convicted of, entered a plea of nolo |
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contendere or guilty to, or received deferred adjudication for: |
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(1) an offense under Chapter 20A, Penal Code, or |
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Section 43.03, 43.031, 43.04, 43.041, or 43.05 [Subchapter A, |
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Chapter 43], Penal Code; [,] or |
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(2) an offense under federal law or the laws of another |
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state containing elements that are substantially similar to the |
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elements of an offense described by Subdivision (1) [another sexual |
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offense]. |
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SECTION 2. Section 455.251, Occupations Code, is amended to |
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read as follows: |
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Sec. 455.251. GROUNDS FOR LICENSE DENIAL, [OR] DISCIPLINARY |
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ACTION, OR ADMINISTRATIVE PENALTY. (a) The commission or |
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executive director may refuse to issue a license to a person, [and |
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shall] suspend, revoke, or refuse to renew the license of a person, |
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or impose an administrative penalty under Subchapter F, Chapter 51, |
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on [shall reprimand] a person licensed under this chapter if the |
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person: |
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(1) obtains or attempts to obtain a license by fraud, |
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misrepresentation, or concealment of material facts; |
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(2) sells, barters, or offers to sell or barter a |
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license; |
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(3) violates a rule adopted by the commission under |
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this chapter; |
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(4) engages in unprofessional conduct as defined by |
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commission rule that endangers or is likely to endanger the health, |
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welfare, or safety of the public; |
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(5) violates an order or ordinance adopted by a |
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political subdivision under Chapter 243, Local Government Code; or |
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(6) violates this chapter. |
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(b) The commission or executive director shall revoke the |
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license of a person licensed as a massage therapist or massage |
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therapy instructor if: |
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(1) the person is convicted of, enters a plea of nolo |
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contendere or guilty to, or receives deferred adjudication for: |
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(A) an offense under Chapter 20A, Penal Code, or |
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Section 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code |
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[involving prostitution or another sexual offense]; or |
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(B) an offense under federal law or the laws of |
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another state containing elements that are substantially similar to |
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the elements of an offense described by Paragraph (A); or |
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(2) the commission or executive director determines |
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the person has practiced or administered massage therapy at or for a |
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sexually oriented business. |
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(c) The commission or executive director: |
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(1) shall revoke the license of a person licensed as a |
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massage school or massage establishment if the commission or |
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executive director determines that[: |
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[(1)] the school or establishment is a sexually |
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oriented business; and [or] |
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(2) may revoke the license of a person licensed as a |
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massage school or massage establishment if the commission or |
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executive director determines that any of the following offenses |
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occurred on the premises of the school or establishment and [an |
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offense involving prostitution or another sexual offense that] |
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resulted in a conviction for the offense, a plea of nolo contendere |
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or guilty to the offense, or a grant of deferred adjudication for |
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the offense: |
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(A) an offense under Chapter 20A, Penal Code; |
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(B) an offense under Subchapter A, Chapter 43, |
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Penal Code; |
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(C) an offense under federal law containing |
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elements that are substantially similar to the elements of an |
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offense described by Paragraph (A) or (B); or |
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(D) another sexual offense under the laws of this |
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state [occurred on the premises of the school or establishment]. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas Commission of Licensing and Regulation shall |
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adopt rules necessary to implement Sections 455.152 and 455.251, |
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Occupations Code, as amended by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |
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* * * * * |