Bill Text: TX HB3616 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the regulation of massage therapy.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB3616 Detail]
Download: Texas-2021-HB3616-Comm_Sub.html
By: A. Johnson of Harris (Senate Sponsor - Johnson) | H.B. No. 3616 | |
(In the Senate - Received from the House April 19, 2021; | ||
May 4, 2021, read first time and referred to Committee on Business & | ||
Commerce; May 20, 2021, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 20, 2021, sent to printer.) | ||
|
||
|
||
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: | ||
(1) an offense under Chapter 20A, Penal Code, or | ||
Section 43.03, 43.031, 43.04, 43.041, or 43.05 [ |
||
(2) 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) [ |
||
SECTION 2. Section 455.251, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 455.251. GROUNDS FOR LICENSE DENIAL, [ |
||
ACTION, OR ADMINISTRATIVE PENALTY. (a) The commission or | ||
executive director may refuse to issue a license to a person, [ |
||
or impose an administrative penalty under Subchapter F, Chapter 51, | ||
on [ |
||
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: | ||
(A) an offense under Chapter 20A, Penal Code, or | ||
Section 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code | ||
[ |
||
(B) 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 Paragraph (A); 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[ |
||
[ |
||
oriented business; and [ |
||
(2) may revoke the license of a person licensed as a | ||
massage school or massage establishment if the commission or | ||
executive director determines that any of the following offenses | ||
occurred on the premises of the school or establishment and [ |
||
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: | ||
(A) an offense under Chapter 20A, Penal Code; | ||
(B) an offense under Subchapter A, Chapter 43, | ||
Penal Code; | ||
(C) an offense under federal law containing | ||
elements that are substantially similar to the elements of an | ||
offense described by Paragraph (A) or (B); or | ||
(D) another sexual offense under the laws of this | ||
state [ |
||
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. | ||
* * * * * |