Bill Text: TX HB2747 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the licensing and regulation of massage therapy.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2747 Detail]
Download: Texas-2019-HB2747-Comm_Sub.html
Bill Title: Relating to the licensing and regulation of massage therapy.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2747 Detail]
Download: Texas-2019-HB2747-Comm_Sub.html
86R20959 JCG-D | |||
By: Ortega, Landgraf, Thompson of Harris, | H.B. No. 2747 | ||
Harless | |||
Substitute the following for H.B. No. 2747: | |||
By: King of Uvalde | C.S.H.B. No. 2747 |
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relating to the licensing and regulation of massage therapy. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 455.1525, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION | ||
REQUIREMENT FOR LICENSE ISSUANCE [ |
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department shall require an applicant for a license to submit a | ||
complete and legible set of fingerprints, on a form prescribed by | ||
the department, to the department or to the Department of Public | ||
Safety for the purpose of obtaining criminal history record | ||
information from the Department of Public Safety and the Federal | ||
Bureau of Investigation [ |
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(b) The department may not issue a license to a person who | ||
does not comply with the requirement of Subsection (a). | ||
(c) The department shall conduct a criminal history record | ||
information check of each applicant for a license using | ||
information: | ||
(1) provided by the individual under this section; and | ||
(2) made available to the department by the Department | ||
of Public Safety, the Federal Bureau of Investigation, and any | ||
other criminal justice agency under Chapter 411, Government Code. | ||
(d) The department may: | ||
(1) enter into an agreement with the Department of | ||
Public Safety to administer a criminal history record information | ||
check required under this section; and | ||
(2) authorize the Department of Public Safety to | ||
collect from each applicant the costs incurred by the Department of | ||
Public Safety in conducting the criminal history record information | ||
check. | ||
(e) For purposes of this section, if the applicant for a | ||
license is an entity, the applicant must submit fingerprints as | ||
required by Subsection (a) for each individual who: | ||
(1) personally or constructively holds, including as | ||
the beneficiary of a trust: | ||
(A) at least 10 percent of the entity's | ||
outstanding stock; or | ||
(B) more than $25,000 of the fair market value of | ||
the entity; | ||
(2) has the controlling interest in the entity; | ||
(3) has a direct or indirect participating interest | ||
through shares, stock, or otherwise, regardless of whether voting | ||
rights are included, of more than 10 percent of the profits, | ||
proceeds, or capital gains of the entity; | ||
(4) is a member of the board of directors or other | ||
governing body of the entity; or | ||
(5) serves as: | ||
(A) an elected officer of the entity; or | ||
(B) a general manager of the entity. | ||
SECTION 2. Section 455.202, Occupations Code, is amended by | ||
amending Subsection (b) and adding Subsection (e) to read as | ||
follows: | ||
(b) A massage establishment may not: | ||
(1) employ an individual who is not a United States | ||
citizen or a legal permanent resident with a valid work permit; | ||
(2) employ a minor unless the minor's parent or legal | ||
guardian authorizes in writing the minor's employment by the | ||
establishment; | ||
(3) allow a nude or partially nude employee to provide | ||
massage therapy or other massage services to a customer; | ||
(4) allow any individual, including a client, student, | ||
license holder, or employee, to engage in sexual contact in the | ||
massage establishment; [ |
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(5) allow any individual, including a student, license | ||
holder, or employee, to practice massage therapy in the nude or in | ||
clothing designed to arouse or gratify the sexual desire of any | ||
individual; or | ||
(6) allow any individual, including a student, license | ||
holder, or employee, to reside on the premises of the massage | ||
establishment. | ||
(e) Subsection (b)(6) does not apply to: | ||
(1) a place of business exempted under Section | ||
455.155(c)(2) from the requirement to hold a license as a massage | ||
establishment; or | ||
(2) a licensed massage therapist who practices as a | ||
solo practitioner and who is exempted under Section 455.155(b) from | ||
the requirement to hold a license as a massage establishment. | ||
SECTION 3. Section 455.204, Occupations Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) The license of a massage therapist that is posted | ||
under Subsection (b) must have attached to the front of the license | ||
a photograph of the massage therapist. | ||
SECTION 4. Subchapter E, Chapter 455, Occupations Code, is | ||
amended by adding Section 455.207 to read as follows: | ||
Sec. 455.207. POSTING OF CERTAIN NOTICES REQUIRED. (a) | ||
Each massage establishment and massage school shall display in the | ||
form and manner prescribed by the commission a sign concerning | ||
services and assistance available to victims of human trafficking. | ||
(b) The sign required by this section must: | ||
(1) be in English, Spanish, Korean, Mandarin, and any | ||
other language required by commission rule; | ||
(2) include a toll-free telephone number of a | ||
nationally recognized information and referral hotline for victims | ||
of human trafficking; and | ||
(3) be displayed in a conspicuous place clearly | ||
visible to the public. | ||
(c) The commission by rule shall establish requirements | ||
regarding the posting of signs under this section. | ||
SECTION 5. Not later than March 1, 2020, the Texas | ||
Commission of Licensing and Regulation shall adopt rules necessary | ||
to implement the changes in law made by this Act to Chapter 455, | ||
Occupations Code. | ||
SECTION 6. (a) Section 455.1525, Occupations Code, as | ||
amended by this Act, applies only to an application for a license | ||
submitted on or after the effective date of this Act. An | ||
application for a license submitted before that date is governed by | ||
the law in effect on the date the application was submitted, and the | ||
former law is continued in effect for that purpose. | ||
(b) Not later than September 1, 2021, the Texas Department | ||
of Licensing and Regulation shall obtain criminal history record | ||
information on each person who, on the effective date of this Act, | ||
holds a license issued under Chapter 455, Occupations Code, and did | ||
not undergo a criminal history record information check based on | ||
the license holder's fingerprints on initial application for the | ||
license. The department may suspend the license of a license holder | ||
who does not provide the criminal history record information as | ||
required by the department and this subsection. | ||
SECTION 7. A massage establishment, as defined by Section | ||
455.001, Occupations Code, shall comply with: | ||
(1) Section 455.204(b-1), Occupations Code, as added | ||
by this Act, not later than January 1, 2020; and | ||
(2) Section 455.207, Occupations Code, as added by | ||
this Act, not later than April 1, 2020. | ||
SECTION 8. This Act takes effect September 1, 2019. |