Bill Text: TX HB2747 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the licensing and regulation of massage therapy.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2747 Detail]

Download: Texas-2019-HB2747-Enrolled.html
 
 
  H.B. No. 2747
 
 
 
 
AN ACT
  relating to the licensing and regulation of massage therapy.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 455.202, Occupations Code, is amended by
  amending Subsection (b) and adding Subsection (e) to read as
  follows:
         (b)  A massage establishment may not:
               (1)  employ an individual who is not a United States
  citizen or a legal permanent resident with a valid work permit;
               (2)  employ a minor unless the minor's parent or legal
  guardian authorizes in writing the minor's employment by the
  establishment;
               (3)  allow a nude or partially nude employee to provide
  massage therapy or other massage services to a customer;
               (4)  allow any individual, including a client, student,
  license holder, or employee, to engage in sexual contact in the
  massage establishment; [or]
               (5)  allow any individual, including a student, license
  holder, or employee, to practice massage therapy in the nude or in
  clothing designed to arouse or gratify the sexual desire of any
  individual; or
               (6)  allow any individual, including a student, license
  holder, or employee, to reside on the premises of the massage
  establishment.
         (e)  Subsection (b)(6) does not apply to:
               (1)  a place of business exempted under Section
  455.155(c)(2) from the requirement to hold a license as a massage
  establishment; or
               (2)  a licensed massage therapist who practices as a
  solo practitioner and who is exempted under Section 455.155(b) from
  the requirement to hold a license as a massage establishment.
         SECTION 2.  Section 455.204, Occupations Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  The license of a massage therapist that is posted
  under Subsection (b) must have attached to the front of the license
  a photograph of the massage therapist.
         SECTION 3.  Subchapter E, Chapter 455, Occupations Code, is
  amended by adding Section 455.207 to read as follows:
         Sec. 455.207.  POSTING OF CERTAIN NOTICES REQUIRED. (a)  
  Each massage establishment and massage school shall display in the
  form and manner prescribed by the commission a sign concerning
  services and assistance available to victims of human trafficking.
         (b)  The sign required by this section must:
               (1)  be in English, Spanish, Korean, Mandarin, and any
  other language required by commission rule;
               (2)  include a toll-free telephone number of a
  nationally recognized information and referral hotline for victims
  of human trafficking; and
               (3)  be displayed in a conspicuous place clearly
  visible to the public.
         (c)  The commission by rule shall establish requirements
  regarding the posting of signs under this section.
         SECTION 4.  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 5.  A massage establishment, as defined by Section
  455.001, Occupations Code, shall comply with:
               (1)  Section 455.204(b-1), Occupations Code, as added
  by this Act, not later than January 1, 2020; and
               (2)  Section 455.207, Occupations Code, as added by
  this Act, not later than April 1, 2020.
         SECTION 6.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2747 was passed by the House on May 2,
  2019, by the following vote:  Yeas 113, Nays 25, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2747 on May 23, 2019, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2747 on May 26, 2019, by the following vote:  Yeas 91,
  Nays 54, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2747 was passed by the Senate, with
  amendments, on May 21, 2019, by the following vote:  Yeas 30, Nays
  1; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2747 on May 26, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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