87R17356 JCG-D     By: A. Johnson of Harris H.B. No. 3616       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 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 2.  Section 455.251, Occupations Code, is amended to   read as follows:          Sec. 455.251.  GROUNDS FOR LICENSE DENIAL, [OR] DISCIPLINARY   ACTION, OR ADMINISTRATIVE PENALTY. (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.          (c)  The commission or executive director:                (1)  shall revoke the license of a person licensed as a   massage school or massage establishment if the commission or   executive director determines that[:                [(1)]  the school or establishment is a sexually   oriented business; and [or]                (2)  may revoke the license of a person licensed as a   massage school or massage establishment if the commission or   executive director determines that any of the following offenses   occurred on the premises of the school or establishment and [an   offense involving prostitution or another sexual offense that]   resulted in a conviction for the offense, a plea of nolo contendere   or guilty to the offense, or a grant of deferred adjudication for   the offense:                      (A)  an offense under Chapter 20A, Penal Code;                      (B)  an offense under Subchapter A, Chapter 43,   Penal Code;                      (C)  an offense under federal law containing   elements that are substantially similar to the elements of an   offense described by Paragraph (A) or (B); or                      (D)  another sexual offense under the laws of this   state [occurred on the premises of the school or establishment].          SECTION 3.  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 4.  This Act takes effect September 1, 2021.