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