| By: Zaffirini | S.B. No. 703 | |
| (In the Senate - Filed January 3, 2025; February 7, 2025, | ||
| read first time and referred to Committee on Business & Commerce; | ||
| March 4, 2025, reported favorably by the following vote: Yeas 11, | ||
| Nays 0; March 4, 2025, sent to printer.) | ||
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| relating to the criminal and licensing consequences for the | ||
| commission of certain offenses by massage establishments, massage | ||
| schools, massage therapists, and massage therapy instructors. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 455.152, Occupations Code, as amended by | ||
| Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th | ||
| Legislature, Regular Session, 2023, is reenacted and 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 [ |
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| 21.12, 21.15, 21.16, 21.165, 21.18, 22.011, 22.012, 22.021, 25.02, | ||
| 43.021, 43.03, 43.031, 43.04, 43.041, [ |
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| 43.262, Penal Code; [ |
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| (2) criminal attempt, conspiracy, or solicitation | ||
| under Section 15.01, 15.02, or 15.03, Penal Code, if the intended | ||
| offense is an offense described by Subdivision (1); or | ||
| (3) 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) or (2). | ||
| SECTION 2. Section 455.251(b), Occupations Code, is amended | ||
| to read as follows: | ||
| (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[ |
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| (2) the commission or executive director determines | ||
| the person has practiced or administered massage therapy at or for a | ||
| sexually oriented business. | ||
| SECTION 3. Section 22.011(c), Penal Code, is amended by | ||
| amending Subdivision (3) to read as follows: | ||
| (3) "Health care services provider" means: | ||
| (A) a physician licensed under Subtitle B, Title | ||
| 3, Occupations Code; | ||
| (B) a chiropractor licensed under Chapter 201, | ||
| Occupations Code; | ||
| (C) a physical therapist licensed under Chapter | ||
| 453, Occupations Code; | ||
| (D) a physician assistant licensed under Chapter | ||
| 204, Occupations Code; [ |
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| (E) a registered nurse, a vocational nurse, or an | ||
| advanced practice nurse licensed under Chapter 301, Occupations | ||
| Code; or | ||
| (F) a massage therapist licensed under Chapter | ||
| 455, Occupations Code. | ||
| SECTION 4. 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 5. Section 22.011, Penal Code, as amended by this | ||
| Act, applies only to an offense committed on or after the effective | ||
| date of this Act. An offense committed before the effective date of | ||
| this Act is governed by the law in effect on the date the offense was | ||
| committed, and the former law is continued in effect for that | ||
| purpose. For purposes of this section, an offense was committed | ||
| before the effective date of this Act if any element of the offense | ||
| occurred before that date. | ||
| SECTION 6. This Act takes effect September 1, 2025. | ||
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