Bill expanding offenses that bar a massage license

The text as introduced · 602 words

89R5409 JCG-F

By: McLaughlin
H.B. No. 2776

A BILL TO BE ENTITLED

AN ACT

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 [ Section

22.011 or 22.021 Penal Code ], or Section 21.02, 21.09, 21.11,

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, [ or ] 43.05, 43.25, 43.26, or

43.262, Penal Code; [ or ]

(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[ :

[ (A) ] an offense described by Section 455.152

[ under Chapter 20A, Penal Code, or Section 43.021, 43.03, 43.031,

43.04, 43.041, or 43.05, Penal Code; or

[ (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.

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; [ or ]

(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.