89R5409 JCG-F     By: McLaughlin H.B. No. 2776       A BILL TO BE ENTITLED   AN ACT   relating to the criminal and licensing consequences for the   commission of certain offenses by massage establishments, massage   schools, massage therapists, and massage therapy instructors.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 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 21.02, 21.09, 21.11,   21.12, 21.15, 21.16, 21.165, 21.18, 22.011, 22.012, 22.021, 25.02,   43.021, 43.03, 43.031, 43.04, 43.041, [or] 43.05, 43.25, 43.26, or   43.262, Penal Code; [or]                (2)  criminal attempt, conspiracy, or solicitation   under Section 15.01, 15.02, or 15.03, Penal Code, if the intended   offense is an offense described by Subdivision (1); or                (3)  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) or (2).          SECTION 2.  Section 455.251(b), Occupations Code, is amended   to read as follows:          (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 described by Section 455.152   [under Chapter 20A, Penal Code, or Section 43.021, 43.03, 43.031,   43.04, 43.041, or 43.05, Penal Code; 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 3.  Section 22.011(c), Penal Code, is amended by   amending Subdivision (3) to read as follows:                (3)  "Health care services provider" means:                      (A)  a physician licensed under Subtitle B, Title   3, Occupations Code;                      (B)  a chiropractor licensed under Chapter 201,   Occupations Code;                      (C)  a physical therapist licensed under Chapter   453, Occupations Code;                      (D)  a physician assistant licensed under Chapter   204, Occupations Code; [or]                      (E)  a registered nurse, a vocational nurse, or an   advanced practice nurse licensed under Chapter 301, Occupations   Code; or                      (F)  a massage therapist licensed under Chapter   455, Occupations Code.          SECTION 4.  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 5.  Section 22.011, Penal Code, as amended by this   Act, applies only to an offense committed on or after the effective   date of this Act.  An offense committed before the effective date of   this Act is governed by the law in effect on the date the offense was   committed, and the former law is continued in effect for that   purpose.  For purposes of this section, an offense was committed   before the effective date of this Act if any element of the offense   occurred before that date.          SECTION 6.  This Act takes effect September 1, 2025.