HB3945 - Relating to the licensing and regulation of massage therapy and other programs administered by the Texas Department of Licensing and Regulation; creating a criminal offense; providing a civil penalty.

  89R18105 JCG-F     By: Bumgarner H.B. No. 3945     Substitute the following for H.B. No. 3945:     By:  Phelan C.S.H.B. No. 3945       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of massage therapy and   other programs administered by the Texas Department of Licensing   and Regulation; creating a criminal offense; providing a civil   penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.001(6), Occupations Code, is amended   to read as follows:                (6)  "Sanction" means an action by the commission or   executive director against a license holder or another person,   including the denial, suspension, or revocation of a license, the   reprimand of a license holder, or the placement of a license holder   on probation.          SECTION 2.  Section 51.3511(c), Occupations Code, is amended   to read as follows:          (c)  If an emergency order is issued under this section   without a hearing, the executive director shall set the time and   place for a hearing conducted by the State Office of Administrative   Hearings to affirm, modify, or set aside the emergency order not   later than the 17th [ 10th ] day after the date the order was issued.   The order shall be affirmed to the extent that reasonable cause   existed to issue the order.          SECTION 3.  Section 455.001, Occupations Code, is amended by   adding Subdivision (14) to read as follows:                 (14)     "Sanction" has the meaning assigned by Section   51.001.          SECTION 4.  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)   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 22.011, 22.021, 43.021,   43.03, 43.031, 43.04, 43.041, or 43.05, 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).           (b)     An entity is not eligible for a license as a massage   establishment or massage school if:                 (1)     an individual described by Section 455.1525(e)   with respect to the entity has been convicted of, entered a plea of   nolo contendere or guilty to, or received deferred adjudication for   an offense described by Subsection (a)(1) or (2);                 (2)     the entity or an owner or operator of the entity is   subject to an emergency order under Section 51.3511 for a ground   described by Section 455.252;                 (3)     a license issued under this chapter to the entity   or an owner or operator of the entity has been revoked under Section   455.251(c)(1);                 (4)     the entity was a tenant of commercial rental   property and the landlord prevailed in a forcible detainer suit   filed against the entity based on termination of the entity's right   of possession under Section 93.013, Property Code; or                 (5)     the entity is applying for a license with respect   to a location that is subject to an emergency order issued under   Section 51.3511 for a ground described by Section 455.252.          SECTION 5.  Section 455.153, Occupations Code, is amended to   read as follows:          Sec. 455.153.  APPLICATION FOR LICENSE.   (a)  An applicant   for a license under this chapter must:                (1)  submit an application in the manner and on a form   prescribed by the executive director;                (2)  pass any required examination; and                (3)  include with the application the application fee   set by the commission by rule.           (b)     For purposes of Subsection (a)(1), an applicant for a   license as a massage establishment or massage school shall include   with the application:                 (1)     a list of each individual for which the applicant   is required to submit fingerprints under Section 455.1525(e); and                 (2)     an explanation of the relationship between each   individual described by Subdivision (1) and the applicant.          SECTION 6.  Section 455.202, Occupations Code, is amended by   adding Subsection (c-1) to read as follows:           (c-1)     A massage establishment shall report to the   department any allegation made to the massage establishment of   sexual contact between a massage therapist employed by or   contracted by the massage establishment and a client not later than   24 hours after receiving notice of the allegation.          SECTION 7.  Section 455.206, Occupations Code, is amended to   read as follows:          Sec. 455.206.   NEW LICENSE REQUIRED FOR [ ESTABLISHMENT ]   CHANGE OF LOCATION OF ESTABLISHMENT OR SCHOOL [ PROHIBITED ].  A   massage establishment or massage school may not change the location   of the establishment or school without obtaining a new massage   establishment or massage school license under this chapter , as   appropriate .          SECTION 8.  Subchapter E, Chapter 455, Occupations Code, is   amended by adding Section 455.208 to read as follows:           Sec.   455.208.     TEMPORARY PROHIBITION ON ISSUANCE OF CERTAIN   ESTABLISHMENT OR SCHOOL LICENSES. (a)   If the executive director   issues an emergency order against a massage establishment or   massage school for a ground described by Section 455.252, the   executive director in the order may prohibit for a period not to   exceed one year the issuance of a massage establishment or massage   school license with respect to the location where the establishment   or school previously operated.           (b)     If the license of a massage establishment or massage   school is revoked under Section 455.251, the commission or   executive director in the order revoking the license may prohibit   for a period not to exceed five years the issuance of a massage   establishment or massage school license with respect to the   location where the establishment or school previously operated.           (c)     The department shall provide to the property owner of   the applicable location a copy of any order issued under Subsection   (a) or (b).           (d)     Not later than the 30th day after the date on which the   copy of an order is provided under Subsection (c), the property   owner may submit a request to the department to rescind the   prohibition described by Subsection (a) or (b).   The request must   include documentation sufficient to demonstrate that the owner has   undertaken or implemented procedures and controls to prevent the   commission of an offense under Chapter 20A or Section 34.02, 43.02,   43.021, 43.03, 43.04, 43.05, or 71.02, Penal Code, on the property   subject to the prohibition.           (e)     On receipt of a request under Subsection (d), the   commission or executive director:                 (1)     may approve the request to rescind the prohibition   if:                       (A)     the ownership of the property subject to the   prohibition changed less than two years before the date of the   request under Subsection (d); and                       (B)     the current owner of the property is not a   person against whom:                             (i)     a sanction has been imposed for a   violation of this chapter; or                             (ii)     injunctive relief has been obtained or   a civil penalty has been imposed under Section 455.351; or                 (2)     shall approve the request to rescind the   prohibition as soon as practicable after the date on which the   request is received if:                       (A)     the ownership of the property subject to the   prohibition changed two or more years before the date of the request   under Subsection (d);                       (B)     in the two-year period described by Paragraph   (A), an arrest has not occurred for, a citation in lieu of arrest   has not been issued for, and a conviction has not resulted from an   offense listed in Subsection (d) committed on the property subject   to the prohibition; and                       (C)     the current owner of the property is not a   person against whom:                             (i)     a sanction has been imposed for a   violation of this chapter; or                               (ii)     injunctive relief has been obtained or   a civil penalty has been imposed under Section 455.351.          SECTION 9.  Section 455.251(a), Occupations Code, is amended   to read as follows:          (a)  The commission or executive director may refuse to issue   a license to a person, suspend, revoke, or refuse to renew the   license of a person, or impose an administrative penalty under   Subchapter F, Chapter 51, on 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 ; or                 (7)     engages in conduct constituting an offense under   Chapter 20A, Penal Code .          SECTION 10.  Section 455.252, Occupations Code, is [Text truncated for display. 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