Bill Text: TX HB1865 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the licensing and regulation of massage therapy; requiring a student permit; authorizing fees.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Passed) 2019-06-10 - See remarks for effective date [HB1865 Detail]

Download: Texas-2019-HB1865-Enrolled.html

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H.B. No. 1865

AN ACT
relating to the licensing and regulation of massage therapy;
requiring a student permit; authorizing fees.
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)] 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
an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter
43, Penal Code, or another sexual offense.
[(b) A person convicted of a violation of this chapter is
ineligible for a license as a massage establishment, massage
school, massage therapist, or massage therapy instructor until the
fifth anniversary of the date of the conviction.]
SECTION 2. Section 455.1525, Occupations Code, is amended
to read as follows:
Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The
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 [On receipt of an application for a license
under this chapter, the department shall conduct a criminal
background check on the applicant].
(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 3. Section 455.160(h), Occupations Code, is amended
to read as follows:
(h) On receipt of a request for a renewal of a license issued
under this chapter, the department shall [may] conduct a criminal
background check under Section 455.1525.
SECTION 4. Subchapter D, Chapter 455, Occupations Code, is
amended by adding Section 455.161 to read as follows:
Sec. 455.161. STUDENT PERMIT; ELIGIBILITY. (a) The
department shall require a student enrolled in a massage school in
this state to hold a permit stating the student's name and the name
of the school. The permit must be displayed in a reasonable manner
at the school.
(b) The department shall issue a student permit to an
applicant who submits an application to the department for a
student permit accompanied by any required fee.
(c) An applicant for a student permit described by this
section shall:
(1) submit an enrollment application to the department
in a form and manner prescribed by the department; and
(2) satisfy other requirements specified by the
department.
SECTION 5. Subchapter E, Chapter 455, Occupations Code, is
amended by adding Section 455.2035 to read as follows:
Sec. 455.2035. REPORTS TO DEPARTMENT. (a) A massage school
shall maintain a monthly progress report regarding each student
attending the school. The report must certify the daily attendance
record of each student and the number of credit hours earned by each
student during the previous month.
(b) On a student's completion of a prescribed course of
instruction, the school shall notify the department that the
student has completed the required number of hours and is eligible
to take the appropriate examination.
SECTION 6. Section 455.158, Occupations Code, is repealed.
SECTION 7. 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 8. (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 9. Section 455.160(h), Occupations Code, as amended
by this Act, applies only to an application for the renewal of a
license submitted on or after the effective date of this Act. An
application 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.
SECTION 10. (a) In this section, "massage school" has the
meaning assigned by Section 455.001, Occupations Code.
(b) Section 455.161, Occupations Code, as added by this Act,
applies to a student who is enrolled in a massage school on or after
June 1, 2020.
SECTION 11. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2019.
(b) Section 455.2035, Occupations Code, as added by this
Act, takes effect July 1, 2020.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1865 was passed by the House on April
30, 2019, by the following vote: Yeas 121, Nays 25, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1865 was passed by the Senate on May
22, 2019, by the following vote: Yeas 25, Nays 6.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor