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AN ACT
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relating to the licensing and regulation of massage therapists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 455.104(a), Occupations Code, is amended |
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to read as follows: |
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(a) The department, [or] its authorized representative, or |
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a peace officer may enter the premises of an applicant for a license |
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or a license holder at: |
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(1) reasonable times to conduct an inspection |
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incidental to the issuance of a license; and |
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(2) other times that the department or peace officer |
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considers necessary to ensure compliance with this chapter and the |
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rules adopted under this chapter. |
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SECTION 2. Section 455.151, Occupations Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) Unless the person is exempt from the licensing |
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requirement, a person may not represent that the person is a massage |
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therapist, massage school, massage therapy instructor, or massage |
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establishment unless the person holds an appropriate [a] license |
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under this chapter. |
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(c) A person may not for compensation perform or offer to |
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perform any service with a purported health benefit that involves |
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physical contact with a client unless the person: |
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(1) holds an appropriate license issued under this |
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chapter; or |
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(2) is licensed or authorized under other law to |
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perform the service. |
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(d) The department may issue one or more types of licenses |
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not otherwise provided for by this chapter that authorize the |
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license holder to perform a service described by Subsection (c). |
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The department may adopt rules governing a license issued under |
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this subsection. |
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SECTION 3. Section 455.155(c), Occupations Code, is amended |
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to read as follows: |
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(c) A place of business is not required to hold a license |
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under this chapter if: |
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(1) the place of business is owned by the federal |
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government, the state, or a political subdivision of the state; |
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(2) at the place of business, a licensed massage |
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therapist practices as a solo practitioner and: |
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(A) does not use a business name or assumed name; |
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or |
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(B) uses a business name or an assumed name and |
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provides the massage therapist's full legal name or license number |
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in each advertisement and each time the business name or assumed |
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name appears in writing; |
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(3) at the place of business, an acupuncturist, |
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athletic trainer, chiropractor, cosmetologist, midwife, nurse, |
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occupational therapist, perfusionist, physical therapist, |
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physician, physician assistant, podiatrist, respiratory care |
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practitioner, or surgical assistant licensed or certified in this |
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state employs or contracts with a licensed massage therapist to |
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provide massage therapy as part of the person's practice; or |
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(4) at the place of business, a person offers to |
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perform or performs massage therapy: |
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(A) for not more than 72 hours in any six-month |
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period; and |
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(B) as part of a public or charity event, the |
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primary purpose of which is not to provide massage therapy. [The
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executive commissioner by rule shall provide for a fair and
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reasonable procedure to grant exemptions from the licensing
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requirements of this chapter. The rules must provide that a person
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is exempt if the person shows that the advertising or provision of
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massage therapy services is incidental to the person's primary
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enterprise.] |
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SECTION 4. Section 455.156(b), Occupations Code, is amended |
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to read as follows: |
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(b) An applicant for a license under this section must be an |
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individual and: |
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(1) present evidence satisfactory to the department |
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that the person[:
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[(A)] has satisfactorily completed massage |
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therapy studies in a 500-hour minimum [300-hour], supervised course |
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of instruction provided by a massage therapy instructor at a |
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massage school, a licensed massage school, a state-approved |
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educational institution, or any combination of instructors or |
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schools, in which at least: |
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(A) 200 [(i) 125] hours are taught by a licensed |
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massage therapy instructor and dedicated to the study of massage |
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therapy techniques and theory and the practice of manipulation of |
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soft tissue, with at least 125 hours dedicated to the study of |
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Swedish massage therapy techniques [and taught by a massage therapy
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instructor]; |
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(B) [(ii)] 50 hours are dedicated to the study of |
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anatomy; |
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(C) [(iii)] 25 hours are dedicated to the study |
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of physiology; |
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(D) 50 hours are dedicated to the study of |
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kinesiology; |
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(E) 40 hours are dedicated to the study of |
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pathology; |
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(F) 20 [(iv) 15] hours are dedicated to the |
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study of hydrotherapy; |
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(G) 45 [(v) 15] hours are dedicated to the study |
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of massage therapy laws and rules, business practices, and |
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professional ethics standards; |
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(H) [(vi)] 20 hours are dedicated to the study of |
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health, [and] hygiene, first aid, universal precautions, and |
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cardiopulmonary resuscitation (CPR); and |
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(I) [(vii)] 50 hours are spent in an internship |
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program; [or
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[(B)
has practiced massage therapy as a
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profession for not less than five years in another state or country
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that the department determines does not maintain standards and
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requirements of practice and licensing or registration that
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substantially conform to the standards and requirements of this
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state;] |
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(2) pass the [practical and] written [portions of the] |
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state examination; and |
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(3) be at least 18 years of age. |
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SECTION 5. Section 455.351, Occupations Code, is amended by |
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amending Subsections (a) and (e) and adding Subsections (g), (h), |
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and (i) to read as follows: |
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(a) The attorney general, a district or county attorney, a |
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municipal attorney, or the department may institute an action for |
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injunctive relief to restrain a violation by a person who: |
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(1) appears to be in violation of or threatening to |
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violate this chapter or a rule adopted under this chapter; or |
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(2) is the owner or operator of [operating] an |
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establishment that offers massage therapy or other massage services |
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regulated by this chapter and is not licensed under this chapter. |
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(e) The attorney general, district and county attorney, |
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municipal attorney, and the department may recover reasonable |
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expenses incurred in obtaining injunctive relief or a civil penalty |
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under this section, including court costs, reasonable attorney's |
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fees, investigative costs, witness fees, and deposition expenses. |
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(g) In an injunction issued under this section, a court may |
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include reasonable requirements to prevent further violations of |
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this chapter. |
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(h) Notwithstanding Section 22.004, Government Code: |
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(1) a person may not continue the enjoined activity |
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pending appeal or trial on the merits of an injunctive order entered |
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in a suit brought under this subchapter; |
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(2) not later than the 90th day after the date of the |
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injunctive order, the appropriate court of appeals shall hear and |
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decide an appeal taken by a party enjoined under this subchapter; |
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and |
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(3) if an appeal is not taken by a party temporarily |
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enjoined under this article, the parties are entitled to a full |
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trial on the merits not later than the 90th day after the date of the |
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temporary injunctive order. |
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(i) In this section: |
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(1) "Operator" means a person who is supervising a |
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massage establishment or massage school at the time a violation |
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occurs or the establishment or school is inspected. If no person is |
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supervising, then any employee, contractor, or agent of the owner |
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who is present at the establishment or school is the operator. |
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(2) "Owner" includes a person: |
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(A) in whose name a certificate of occupancy has |
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been issued for a massage establishment or massage school and any |
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person having control over that person; or |
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(B) who operates a massage establishment or |
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massage school under a lease, operating agreement, or other |
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arrangement. |
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SECTION 6. Section 125.0015(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person who maintains a place to which persons |
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habitually go for the following purposes and who knowingly |
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tolerates the activity and furthermore fails to make reasonable |
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attempts to abate the activity maintains a common nuisance: |
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(1) discharge of a firearm in a public place as |
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prohibited by the Penal Code; |
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(2) reckless discharge of a firearm as prohibited by |
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the Penal Code; |
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(3) engaging in organized criminal activity as a |
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member of a combination as prohibited by the Penal Code; |
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(4) delivery, possession, manufacture, or use of a |
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controlled substance in violation of Chapter 481, Health and Safety |
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Code; |
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(5) gambling, gambling promotion, or communicating |
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gambling information as prohibited by the Penal Code; |
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(6) prostitution, promotion of prostitution, or |
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aggravated promotion of prostitution as prohibited by the Penal |
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Code; |
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(7) compelling prostitution as prohibited by the Penal |
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Code; |
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(8) commercial manufacture, commercial distribution, |
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or commercial exhibition of obscene material as prohibited by the |
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Penal Code; |
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(9) aggravated assault as described by Section 22.02, |
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Penal Code; |
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(10) sexual assault as described by Section 22.011, |
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Penal Code; |
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(11) aggravated sexual assault as described by Section |
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22.021, Penal Code; |
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(12) robbery as described by Section 29.02, Penal |
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Code; |
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(13) aggravated robbery as described by Section 29.03, |
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Penal Code; |
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(14) unlawfully carrying a weapon as described by |
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Section 46.02, Penal Code; |
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(15) murder as described by Section 19.02, Penal Code; |
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[or] |
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(16) capital murder as described by Section 19.03, |
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Penal Code; or |
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(17) massage therapy or other massage services in |
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violation of Chapter 455, Occupations Code. |
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SECTION 7. Except as provided by Section 8 of this Act, the |
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changes in law made by this Act to Section 455.156, Occupations |
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Code, apply only to a license applicant who enrolls in a massage |
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therapist training program for the first time on or after the |
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effective date of this Act. An applicant who enrolled in a massage |
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therapist training program for the first time before that date is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. The change in law made by this Act by the |
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deletion of former Section 455.156(b)(1)(B), Occupations Code, |
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applies only to an application for a license filed on or after the |
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effective date of this Act. A license application filed before that |
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date is governed by the law in effect at the time the application is |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 9. The change in law made by this Act to Section |
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455.351, Occupations Code, regarding a violation of Chapter 455, |
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Occupations Code, or a rule adopted under that chapter, applies |
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only to a violation that occurs on or after the effective date of |
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this Act. A violation that occurs before the effective date of this |
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Act is governed by the law in effect on the date the violation |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 10. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2644 was passed by the House on May |
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11, 2007, by the following vote: Yeas 135, Nays 3, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2644 on May 25, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2644 on May 27, 2007, by the following vote: Yeas 143, |
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Nays 1, 3 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2644 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2644 on May 27, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |