Bill Text: TX HB1433 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to the regulation of massage therapy.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2023-04-25 - Laid on the table subject to call [HB1433 Detail]

Download: Texas-2023-HB1433-Comm_Sub.html

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88R5855 JCG-D
By: A. Johnson of Harris, Thompson of Harris H.B. No. 1433

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of massage therapy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.355, Occupations Code, is amended by
adding Subsections (a-1) and (a-2) to read as follows:
(a-1) Subsection (a) does not apply to a person whose
license was revoked under Section 455.251(b)(1).
(a-2) This subsection and Subsection (a-1) expire September
1, 2025.
SECTION 2. 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 [Subchapter A,
Chapter 43], Penal Code; [,] or
(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) [another sexual
offense].
SECTION 3. The heading to Section 455.251, Occupations
Code, is amended to read as follows:
Sec. 455.251. GROUNDS FOR LICENSE DENIAL, [OR] DISCIPLINARY
ACTION, OR ADMINISTRATIVE PENALTY.
SECTION 4. Sections 455.251(a) and (b), Occupations Code,
are amended to read as follows:
(a) The commission or executive director may refuse to issue
a license to a person, [and shall] suspend, revoke, or refuse to
renew the license of a person, or impose an administrative penalty
under Subchapter F, Chapter 51, on [shall reprimand] a person
licensed under this chapter if the 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
[involving prostitution or another sexual offense]; 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 5. 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 6. Section 51.355(a-1), Occupations Code, as added
by this Act, applies only with respect to a license revoked under
Section 455.251(b)(1), Occupations Code, as that section existed
immediately before the effective date of this Act.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.