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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal and licensing consequences for the |
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commission of certain offenses by massage establishments, massage |
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schools, massage therapists, and massage therapy instructors. |
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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, as amended by |
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Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th |
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Legislature, Regular Session, 2023, is reenacted and 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 [Section |
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22.011 or 22.021 Penal Code], or Section 21.02, 21.09, 21.11, |
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21.12, 21.15, 21.16, 21.165, 21.18, 22.011, 22.012, 22.021, 25.02, |
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43.021, 43.03, 43.031, 43.04, 43.041, [or] 43.05, 43.25, 43.26, or |
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43.262, Penal Code; [or] |
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(2) criminal attempt, conspiracy, or solicitation |
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under Section 15.01, 15.02, or 15.03, Penal Code, if the intended |
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offense is an offense described by Subdivision (1); or |
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(3) 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) or (2). |
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SECTION 2. Section 455.251(b), Occupations Code, is amended |
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to read as follows: |
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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 described by Section 455.152 |
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[under Chapter 20A, Penal Code, or Section 43.021, 43.03, 43.031, |
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43.04, 43.041, or 43.05, Penal Code; 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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SECTION 3. Section 22.011(c), Penal Code, is amended by |
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amending Subdivision (3) to read as follows: |
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(3) "Health care services provider" means: |
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(A) a physician licensed under Subtitle B, Title |
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3, Occupations Code; |
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(B) a chiropractor licensed under Chapter 201, |
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Occupations Code; |
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(C) a physical therapist licensed under Chapter |
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453, Occupations Code; |
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(D) a physician assistant licensed under Chapter |
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204, Occupations Code; [or] |
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(E) a registered nurse, a vocational nurse, or an |
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advanced practice nurse licensed under Chapter 301, Occupations |
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Code; or |
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(F) a massage therapist licensed under Chapter |
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455, Occupations Code. |
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SECTION 4. 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 5. Section 22.011, Penal Code, as amended by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2025. |