CHAPTER 455. MASSAGE THERAPY
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE H. PROFESSIONS RELATED TO CERTAIN TYPES OF THERAPY
CHAPTER 455. MASSAGE THERAPY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 455.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of State Health Services.
(2) "Executive commissioner" means the executive commissioner of
the Health and Human Services Commission.
(3) "Instructor" means a person who instructs a student in any
section of the course of instruction required for a massage
therapist license.
(4) "Internship program" means a program supervised by a massage
therapy instructor in which a student provides massage therapy to
the public.
(5) "Massage establishment" means a place of business that
advertises or offers massage therapy or other massage services.
The term includes a place of business that advertises or offers
any service described by a derivation of the terms "massage
therapy" or "other massage services."
(6) "Massage school" means an entity that:
(A) teaches at a minimum the course of instruction required for
a massage therapist license; and
(B) has at least two instructors.
(7) "Massage therapist" means a person who practices or
administers massage therapy or other massage services to a client
for compensation. The term includes a licensed massage
therapist, therapeutic massage practitioner, massage technician,
masseur, masseuse, myotherapist, body massager, body rubber, or
any derivation of those titles.
(8) "Massage therapy" means the manipulation of soft tissue by
hand or through a mechanical or electrical apparatus for the
purpose of body massage and includes effleurage (stroking),
petrissage (kneading), tapotement (percussion), compression,
vibration, friction, nerve strokes, and Swedish gymnastics. The
terms "massage," "therapeutic massage," "massage technology,"
"myotherapy," "body massage," "body rub," or any derivation of
those terms are synonyms for "massage therapy."
(9) "Massage therapy instructor" means a licensed massage
therapist who provides to one or more students instruction
approved by the department in massage therapy.
(10) "Sexually oriented business" has the meaning assigned by
Section 243.002, Local Government Code, unless another meaning
applies under local law.
(11) "Other massage services" include any services offered or
performed for compensation at a massage establishment that
involve physical contact with a client, and may include the use
of oil, lubricant, salt glow, a heat lamp, a hot and cold pack,
or a tub, shower, jacuzzi, sauna, steam, or cabinet bath.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 1, eff. September 1, 2005.
Sec. 455.002. MASSAGE THERAPY AS HEALTH CARE SERVICE. (a)
Massage therapy constitutes a health care service if the massage
therapy is for therapeutic purposes. Massage therapy does not
constitute the practice of chiropractic.
(b) In this chapter, therapy or therapeutic procedures do not
include:
(1) the diagnosis or treatment of illness or disease; or
(2) a service or procedure for which a license to practice
medicine, chiropractic, physical therapy, or podiatry is required
by law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 455.003. PRACTICES INCLUDED IN MASSAGE THERAPY. Massage
therapy includes the use of oil, salt glows, heat lamps, hot and
cold packs, and tub, shower, or cabinet baths.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 455.004. APPLICABILITY OF CHAPTER. This chapter does not
apply to:
(1) a person licensed in this state as a physician,
chiropractor, occupational therapist, physical therapist, nurse,
cosmetologist, or athletic trainer or as a member of a similar
profession subject to state licensing while the person is
practicing within the scope of the license;
(2) a school approved by the Texas Education Agency or otherwise
approved by the state; or
(3) an instructor otherwise approved by the state to teach in an
area of study included in the required course of instruction for
issuance of a massage therapist license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 2, eff. September 1, 2005.
Sec. 455.005. EFFECT ON LOCAL LAW. (a) Except as provided by
Subsection (b), this chapter supersedes any regulation adopted by
a political subdivision of this state relating to the licensing
or regulation of massage therapists.
(b) This chapter does not affect a local regulation that:
(1) relates to zoning requirements or other similar regulations
for massage establishments;
(2) authorizes or requires an investigation into the background
of an owner or operator of, or an investor in, a massage
establishment; or
(3) does not relate directly to the practice of massage therapy
as performed by a licensed massage therapist, including a
regulation related to a license holder listed in Section 455.004,
while the therapist:
(A) performs under the applicable licensing law; and
(B) works with a licensed massage therapist.
(c) Except as provided by Chapter 243, Local Government Code, a
political subdivision may not adopt a regulation of the type
described by Subsection (b) that is more restrictive for massage
therapists or massage establishments than for other health care
professionals or establishments.
(d) This chapter may not be construed to limit a municipality's
authority to regulate establishments that offer bathing or
showering services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 3, eff. September 1, 2005.
SUBCHAPTER B. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER
Sec. 455.051. GENERAL RULEMAKING AUTHORITY. The executive
commissioner shall adopt rules consistent with this chapter as
necessary for the performance of duties under this chapter.
Added by Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 4, eff. September 1, 2005.
Sec. 455.052. RULES REGARDING MASSAGE ESTABLISHMENTS. Rules
adopted under this chapter relating to a massage establishment
must contain minimum standards for:
(1) the issuance, denial, renewal, suspension, revocation, or
probation of a license under this chapter;
(2) the qualifications of professional personnel;
(3) the supervision of professional personnel;
(4) the equipment essential to the health and safety of massage
establishment personnel and the public;
(5) the sanitary and hygienic conditions of a massage
establishment;
(6) the provision of massage therapy or other massage services
by a massage establishment;
(7) the records kept by a massage establishment;
(8) the organizational structure of a massage establishment,
including the lines of authority and the delegation of
responsibility;
(9) fire prevention and safety in a massage establishment;
(10) the inspection of a massage establishment; and
(11) any other aspect of the operation of a massage
establishment necessary to protect massage establishment
personnel or the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 4, eff. September 1, 2005.
Sec. 455.053. RULES REGARDING MASSAGE SCHOOLS. Rules adopted
under this chapter relating to a massage school must contain
minimum standards for:
(1) the issuance, denial, renewal, suspension, revocation, or
probation of a license under this chapter;
(2) the qualifications of professional personnel;
(3) the supervision of professional personnel;
(4) the equipment essential to the education, health, and safety
of students, massage school personnel, and the public;
(5) the sanitary and hygienic conditions of a massage school;
(6) the provision of massage therapy or other massage services
by a massage school or student;
(7) the maximum number of hours a student may accumulate in a
massage school's internship program before the student is
required to be licensed under this chapter;
(8) the educational and clinical records kept by a massage
school;
(9) the organizational structure of a massage school, including
the lines of authority and the delegation of responsibility;
(10) fire prevention and safety in a massage school;
(11) the massage school's curriculum and educational material;
(12) massage school inspections; and
(13) any other aspect of the operation of a massage school that
the executive commissioner considers necessary to protect
students, massage school personnel, or the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 4, eff. September 1, 2005.
Sec. 455.054. RULES REGARDING MASSAGE THERAPISTS. Rules adopted
under this chapter relating to a massage therapist must contain
minimum standards for:
(1) the issuance, denial, renewal, suspension, revocation, or
probation of a license under this chapter;
(2) the qualifications of a massage therapist;
(3) the sanitary and hygienic conditions of the physical
environment in which a massage therapist practices massage
therapy;
(4) the records kept by a massage therapist;
(5) the inspection of the records, equipment, and sanitary and
hygienic conditions of the physical environment used by a massage
therapist in practicing massage therapy; and
(6) any other aspect of the practice of a massage therapist
necessary to protect the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 4, eff. September 1, 2005.
Sec. 455.055. RULES REGARDING MASSAGE THERAPY INSTRUCTORS.
Rules adopted under this chapter relating to a massage therapy
instructor must contain minimum standards for:
(1) the issuance, denial, renewal, suspension, revocation, or
probation of a license under this chapter;
(2) the qualifications of a massage therapy instructor;
(3) the supervision of a student by a massage therapy
instructor;
(4) the maximum number of hours a student may accumulate in an
internship program under the supervision of a massage therapy
instructor before the student is required to be licensed under
this chapter;
(5) the equipment essential to the education, health, and safety
of students and the public;
(6) the sanitary and hygienic conditions of the physical
environment in which a massage therapy instructor teaches;
(7) the provision of massage therapy or other massage services
by a student or a massage therapy instructor;
(8) the educational and clinical records kept by a massage
therapy instructor;
(9) the curriculum taught and educational material used by a
massage therapy instructor;
(10) the inspection of the records, equipment, and physical
environment of a massage therapy instructor; and
(11) any other aspect of a massage therapy instructor's
instruction or operation of any portion of the course of
instruction required for a massage therapist license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 4, eff. September 1, 2005.
Sec. 455.056. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING. (a) The executive commissioner may not adopt rules
restricting advertising or competitive bidding by a person
licensed under this chapter except to prohibit false, misleading,
or deceptive practices.
(b) In rules to prohibit false, misleading, or deceptive
practices, the executive commissioner may not include a rule
that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a licensed person's personal appearance
or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
licensed person; or
(4) restricts the licensed person's advertisement under a trade
name.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.219(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 4, eff. September 1, 2005.
Sec. 455.057. CONTINUING EDUCATION. The executive commissioner
shall recognize, prepare, or administer continuing education
programs for persons licensed under this chapter. A licensed
person must participate in the programs to the extent required by
the executive commissioner to keep the person's license.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.219(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 4, eff. September 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES OF DEPARTMENT
Sec. 455.101. GENERAL DUTIES OF DEPARTMENT. The department
shall:
(1) administer this chapter;
(2) investigate a person who may be engaging in a practice that
violates this chapter;
(3) regulate the number and content of school hours provided by
a massage school or a massage therapy instructor; and
(4) prepare and administer a state examination under this
chapter.
Added by Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1,
1999.
Sec. 455.103. MEMORANDUM OF UNDERSTANDING REGARDING MASSAGE
SCHOOLS. (a) The department may enter into a memorandum of
understanding with the Texas Education Agency to regulate massage
schools.
(b) A memorandum must:
(1) be adopted by rule; and
(2) limit the total amount of the fees charged by the department
and the Texas Education Agency for licensing a massage school to
an amount equal to the amount of the fees the department would
charge for licensing the massage school in the absence of the
memorandum.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 5, eff. September 1, 2005.
Sec. 455.104. INSPECTIONS; INVESTIGATIONS. (a) The department,
its authorized representative, or a peace officer may enter the
premises of an applicant for a license or a license holder at:
(1) reasonable times to conduct an inspection incidental to the
issuance of a license; and
(2) other times that the department or peace officer considers
necessary to ensure compliance with this chapter and the rules
adopted under this chapter.
(b) A peace officer appointed or employed by a law enforcement
agency of a political subdivision of this state may enter the
premises of a massage establishment to ensure compliance with
this chapter and rules adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 6, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1399, Sec. 1, eff. September 1, 2007.
Sec. 455.105. REGISTRY. (a) The department shall annually
prepare a registry of licensed massage therapists.
(b) The department shall make the registry available to the
public, license holders, other state agencies, and peace
officers.
Added by Acts 2005, 79th Leg., Ch.
1300, Sec. 7, eff. September 1, 2005.
SUBCHAPTER D. LICENSING
Sec. 455.151. LICENSE REQUIRED. (a) Unless the person is
exempt from the licensing requirement, a person may not act as a
massage therapist, massage school, massage therapy instructor, or
massage establishment unless the person holds an appropriate
license issued under this chapter.
(b) Unless the person is exempt from the licensing requirement,
a person may not represent that the person is a massage
therapist, massage school, massage therapy instructor, or massage
establishment unless the person holds an appropriate license
under this chapter.
(c) A person may not for compensation perform or offer to
perform any service with a purported health benefit that involves
physical contact with a client unless the person:
(1) holds an appropriate license issued under this chapter; or
(2) is licensed or authorized under other law to perform the
service.
(d) The department may issue one or more types of licenses not
otherwise provided for by this chapter that authorize the license
holder to perform a service described by Subsection (c). The
department may adopt rules governing a license issued under this
subsection.
Added by Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 9, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1399, Sec. 2, eff. September 1, 2007.
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 an offense involving prostitution or another
sexual offense.
(b) A person convicted of a violation of this chapter is
ineligible for a license as a massage establishment, massage
school, massage therapist, or massage therapy instructor until
the fifth anniversary of the date of the conviction.
Added by Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 9, eff. September 1, 2005.
Sec. 455.1525. CRIMINAL BACKGROUND CHECKS. (a) On receipt of an
application for a license under this chapter, the department
shall conduct a criminal background check on the applicant.
(b) An applicant is not eligible for a license under this
chapter if the applicant, in the five years preceding the date of
the application, has been finally convicted of a misdemeanor
involving moral turpitude or a felony.
Added by Acts 2005, 79th Leg., Ch.
1300, Sec. 10, eff. September 1, 2005.
Sec. 455.153. APPLICATION FOR LICENSE. An applicant for a
license under this chapter must:
(1) submit an application form provided by the department; and
(2) include with the application the application fee set by the
department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 11, eff. September 1, 2005.
Sec. 455.154. GENERAL PROVISIONS RELATING TO LICENSES. (a) The
holder of a license may exercise all professional rights, honors,
and privileges relating to the practice of massage therapy.
(b) A license is the property of the department and must be
surrendered on demand.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 11, eff. September 1, 2005.
Sec. 455.155. LICENSE EXEMPTION. (a) Section 455.151 does not
apply to an establishment or person that:
(1) holds a license, permit, certificate, or other credential
issued by this state under another law; and
(2) offers or performs massage therapy under the scope of that
credential.
(b) A licensed massage therapist who practices as a solo
practitioner is not required to hold a license as a massage
establishment.
(c) A place of business is not required to hold a license under
this chapter if:
(1) the place of business is owned by the federal government,
the state, or a political subdivision of the state;
(2) at the place of business, a licensed massage therapist
practices as a solo practitioner and:
(A) does not use a business name or assumed name; or
(B) uses a business name or an assumed name and provides the
massage therapist's full legal name or license number in each
advertisement and each time the business name or assumed name
appears in writing;
(3) at the place of business, an acupuncturist, athletic
trainer, chiropractor, cosmetologist, midwife, nurse,
occupational therapist, perfusionist, physical therapist,
physician, physician assistant, podiatrist, respiratory care
practitioner, or surgical assistant licensed or certified in this
state employs or contracts with a licensed massage therapist to
provide massage therapy as part of the person's practice; or
(4) at the place of business, a person offers to perform or
performs massage therapy:
(A) for not more than 72 hours in any six-month period; and
(B) as part of a public or charity event, the primary purpose of
which is not to provide massage therapy.
(d) A sexually oriented business may not:
(1) hold a license under this chapter; or
(2) operate as a massage establishment under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 11, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1399, Sec. 3, eff. September 1, 2007.
Sec. 455.156. LICENSE REQUIREMENTS FOR MASSAGE THERAPIST. (a)
The department shall issue a license to each qualified applicant
who applies for a massage therapist license.
(b) An applicant for a license under this section must be an
individual and:
(1) present evidence satisfactory to the department that the
person has satisfactorily completed massage therapy studies in a
500-hour minimum, supervised course of instruction provided by a
massage therapy instructor at a massage school, a licensed
massage school, a state-approved educational institution, or any
combination of instructors or schools, in which at least:
(A) 200 hours are taught by a licensed massage therapy
instructor and dedicated to the study of massage therapy
techniques and theory and the practice of manipulation of soft
tissue, with at least 125 hours dedicated to the study of Swedish
massage therapy techniques;
(B) 50 hours are dedicated to the study of anatomy;
(C) 25 hours are dedicated to the study of physiology;
(D) 50 hours are dedicated to the study of kinesiology;
(E) 40 hours are dedicated to the study of pathology;
(F) 20 hours are dedicated to the study of hydrotherapy;
(G) 45 hours are dedicated to the study of massage therapy laws
and rules, business practices, and professional ethics standards;
(H) 20 hours are dedicated to the study of health, hygiene,
first aid, universal precautions, and cardiopulmonary
resuscitation (CPR); and
(I) 50 hours are spent in an internship program;
(2) pass the written state examination; and
(3) be at least 18 years of age.
Added by Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.220(a),
eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 11, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1399, Sec. 4, eff. September 1, 2007.
Sec. 455.1565. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
later than the 30th day after the date a person takes a licensing
examination under this chapter, the department shall notify the
person of the results of the examination.
(b) If the examination is graded or reviewed by a testing
service:
(1) the department shall notify the person of the results of the
examination not later than the 14th day after the date the
department receives the results from the testing service; and
(2) if notice of the examination results will be delayed for
longer than 90 days after the examination date, the department
shall notify the person of the reason for the delay before the
90th day.
(c) The department may require a testing service to notify a
person of the results of the person's examination.
(d) If requested in writing by a person who fails a licensing
examination administered under this chapter, the department shall
furnish the person with an analysis of the person's performance
on the examination.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.219(b), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 12, eff. September 1, 2005.
Sec. 455.1571. APPLICANT LICENSED IN ANOTHER JURISDICTION. (a)
The department may waive any prerequisite to obtaining a license
for an applicant for licensing as a massage therapist or massage
therapy instructor after reviewing the applicant's credentials
and determining that the applicant holds a license or certificate
of registration issued by another jurisdiction that has licensing
or registration requirements substantially equivalent to those of
this state.
(b) The department may waive any prerequisite to obtaining a
license for an applicant for licensing as a massage therapist or
massage therapy instructor who holds a license or certificate of
registration issued by another jurisdiction with which this state
has a reciprocity agreement. The department may make an
agreement, subject to the approval of the governor, with another
state to allow for licensing by reciprocity.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.221(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 13, eff. September 1, 2005.
Sec. 455.1572. PROVISIONAL LICENSE. (a) The department may
issue a provisional license to an applicant for licensing as a
massage therapist or massage therapy instructor currently
licensed or registered in another jurisdiction who seeks a
license in this state and who:
(1) has been licensed or registered in good standing as a
massage therapist or massage therapy instructor, as applicable,
for at least two years in another jurisdiction, including a
foreign country, that has licensing or registration requirements
substantially equivalent to the requirements of this chapter;
(2) has passed a national or other examination recognized by the
department relating to the practice of massage therapy; and
(3) is sponsored by a person licensed by the department under
this chapter with whom the provisional license holder will
practice during the time the person holds a provisional license.
(b) The department may waive the requirement of Subsection
(a)(3) for an applicant if the department determines that
compliance with that subsection would be a hardship to the
applicant.
(c) A provisional license is valid until the date the department
approves or denies the provisional license holder's application
for licensing. The department shall issue a license under this
chapter to the provisionally licensed person if the person:
(1) is eligible for a license under Section 455.1571; or
(2) passes the part of the examination under Section 455.101
that relates to the applicant's knowledge and understanding of
the laws and rules relating to the practice of massage therapy in
this state and:
(A) the department verifies that the person meets the academic
and experience requirements for licensing under this chapter; and
(B) the person satisfies any other licensing requirements under
this chapter.
(d) The department must approve or deny a provisionally licensed
person's application for a license not later than the 180th day
after the date the provisional license is issued. The department
may extend the 180-day period if the results of an examination
have not been received by the department before the end of that
period.
(e) The department may establish a fee for a provisional license
in an amount reasonable and necessary to cover the cost of
issuing the license.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.221(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 13, eff. September 1, 2005.
Sec. 455.158. STUDENT EXEMPTION FROM LICENSING REQUIREMENTS. A
student who provides massage therapy as part of an internship
program or without compensation is exempt from licensing under
this chapter if the student is enrolled in a state-approved
course of instruction that consists of at least 300 hours.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 13, eff. September 1, 2005.
Sec. 455.159. STUDENT INTERNSHIP PROGRAM. (a) An internship
program must:
(1) meet the qualifications established by the department;
(2) provide a student with a minimum of 40 hours of hands-on
massage therapy experience; and
(3) be conducted on the school grounds or in a clinic or
classroom setting provided by the massage school or massage
therapy instructor.
(b) A student must complete the first 250 hours of required
training at a massage school or with a massage therapy instructor
before the student is eligible to enter an internship program.
(c) A student who is participating in an internship program must
be under the supervision and direction of a massage therapy
instructor during the hours that the student is working in the
program.
(d) A student who is participating in an internship program may:
(1) make an appointment with a client;
(2) interview a client;
(3) provide massage therapy, including providing massage therapy
for compensation in an amount set by the massage school or
massage therapy instructor and paid to the school or instructor;
(4) collect and review a client evaluation with the student's
supervisor; and
(5) perform other tasks necessary to the business of providing
massage therapy to the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 14, eff. September 1, 2005.
Sec. 455.160. LICENSE RENEWAL. (a) A person licensed under
this chapter must periodically renew the person's license. The
license expires unless the license holder submits an application
for renewal accompanied by the renewal fee prescribed by the
department or by the late fee prescribed by this section.
(b) The department shall adopt a system under which licenses
expire on various dates during the year. Fees must be prorated
so that a licensed person pays only for that part of the renewal
period for which the license is issued until the expiration date
of the license.
(c) A person who is otherwise eligible to renew a license may
renew an unexpired license by paying the required renewal fee to
the department before the expiration date of the license. A
person whose license has expired may not engage in activities
that require a license until the license has been renewed.
(d) A person whose license has been expired for 90 days or less
may renew the license by paying to the department a renewal fee
that is equal to 1-1/2 times the normally required renewal fee.
(e) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to
the department a renewal fee that is equal to two times the
normally required renewal fee.
(f) A person whose license has been expired for one year or more
may not renew the license. The person may obtain a license by
complying with the requirements and procedures, including the
examination requirements, for obtaining a new license.
(g) Not later than the 30th day before the date a person's
license is scheduled to expire, the department shall send written
notice of the impending expiration to the person at the person's
last known address according to the records of the department.
(h) On receipt of a request for a renewal of a license issued
under this chapter, the department may conduct a criminal
background check under Section 455.1525.
Added by Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.222(a),
eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 15, eff. September 1, 2005.
Sec. 455.161. RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE
PRACTITIONER. (a) A person who was registered or licensed in
this state, moved to another state, and is currently registered
or licensed and has been in practice in the other state for the
two years preceding the date of application may obtain a license
without reexamination.
(b) The person must pay to the department a fee that is equal to
two times the normally required license renewal fee.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.222(b), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 15, eff. September 1, 2005.
SUBCHAPTER E. PRACTICE BY LICENSE HOLDERS
Sec. 455.201. REFERRAL FROM PHYSICIAN. A person issued a
license may receive referrals from a physician to administer
massage therapy.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 17, eff. September 1, 2005.
Sec. 455.202. PRACTICE BY MASSAGE ESTABLISHMENT. (a) A massage
establishment may employ only licensed massage therapists to
perform massage therapy or other massage services.
(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.
(c) A massage establishment shall:
(1) properly maintain and secure for each client the initial
consultation documents, all session notes, and related billing
records; and
(2) make available to the department on request the information
kept as provided by Subdivision (1).
(d) For purposes of this section:
(1) "Nude" means a person who is:
(A) entirely unclothed; or
(B) clothed in a manner that leaves uncovered or visible through
less than fully opaque clothing any portion of the breasts below
the top of the areola of the breasts or any portion of the
genitals or buttocks.
(2) "Sexual contact" includes:
(A) any touching of any part of the genitalia or anus;
(B) any touching of the breasts of a female without the written
consent of the female;
(C) any offer or agreement to engage in any activity described
in Paragraph (A) or (B);
(D) kissing without the consent of both persons;
(E) deviate sexual intercourse, sexual contact, sexual
intercourse, indecent exposure, sexual assault, prostitution, and
promotions of prostitution as described in Chapters 21, 22, and
43, Penal Code, or any offer or agreement to engage in such
activities;
(F) any behavior, gesture, or expression that may reasonably be
interpreted as inappropriately seductive or sexual; or
(G) inappropriate sexual comments about or to a client,
including sexual comments about a person's body.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 17, eff. September 1, 2005.
Sec. 455.203. PRACTICE BY MASSAGE SCHOOL OR INSTRUCTOR AT
SCHOOL. (a) A massage school must meet the minimum standards of
operation established by executive commissioner rule.
(b) An instructor must meet the minimum requirements established
by executive commissioner rule.
(c) A massage school or massage therapy instructor licensed
under this chapter shall give each prospective student a notice
that clearly states the number of course hours that the student
must successfully complete before the student is eligible to hold
a massage therapist license under this chapter.
(d) The notice under Subsection (c) must be given to the
prospective student at a time and in a manner that provides the
student with a sufficient opportunity to read the notice and, if
necessary for understanding and clarity, discuss the notice with
massage school officials or with the massage therapy instructor
before:
(1) the student signs an enrollment contract; and
(2) the massage school or the massage therapy instructor accepts
the student in a course of study.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 18, eff. September 1, 2005.
Sec. 455.204. DISPLAY OF LICENSE. (a) A person who holds a
license shall publicly display the license as specified by the
department.
(b) Each massage establishment must post in plain sight the
license for each massage therapist who practices in the massage
establishment.
(c) Each massage school, massage establishment, massage therapy
instructor, or massage therapist shall present the person's
license on the request of the department, an authorized
representative of the department, or a peace officer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 19, eff. September 1, 2005.
Sec. 455.205. PROHIBITED PRACTICES. (a) A massage therapist
may not perform massage therapy for compensation or without
compensation at or for a sexually oriented business.
(b) A massage school or a massage therapy instructor may not
require the successful completion of more course hours than the
number of hours required for licensing as a massage therapist
under this chapter.
(c) A person who is not licensed under this chapter may not use
the word "massage" on any form of advertising unless the person
is expressly exempt from the licensing requirements of this
chapter.
(d) A sexually oriented business may not use the word "massage"
or "bath" on a sign or any form of advertising.
(e) A person advertising massage therapy or other massage
services is presumed to be engaging in conduct regulated by this
chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 20, eff. September 1, 2005.
Sec. 455.206. ESTABLISHMENT CHANGE OF LOCATION PROHIBITED. A
massage establishment may not change the location of the
establishment without obtaining a new massage establishment
license under this chapter.
Added by Acts 2005, 79th Leg., Ch.
1300, Sec. 21, eff. September 1, 2005.
SUBCHAPTER F. LICENSE DENIAL OR DISCIPLINARY PROCEDURES
Sec. 455.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY ACTION.
(a) The department may refuse to issue a license to a person
and shall suspend, revoke, or refuse to renew the license of a
person or shall reprimand a person licensed under this chapter if
the person:
(1) obtains 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 executive commissioner;
(4) engages in unprofessional conduct as defined by executive
commissioner 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 department 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 an offense
involving prostitution or another sexual offense; or
(2) the department determines the person has practiced or
administered massage therapy at or for a sexually oriented
business.
(c) The department shall revoke the license of a person licensed
as a massage school or massage establishment if the department
determines that:
(1) the school or establishment is a sexually oriented business;
or
(2) 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 occurred on the premises of the
school or establishment.
Added by Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.222(c),
eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 23, eff. September 1, 2005.
Sec. 455.252. HEARING ON DENIAL OR DISCIPLINARY ACTION. (a) A
person whose application for a license is denied, whose license
is suspended or revoked, or who has been reprimanded is entitled
to a hearing before the department if the person submits a
written request to the department.
(b) A hearing under this subchapter is a contested case under
Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.222(d), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 24, eff. September 1, 2005.
Sec. 455.253. PROBATION. The department may place on probation
a person, including a massage school, massage therapy instructor,
or massage establishment, whose license is suspended. If a
license suspension is probated, the department may require the
person to:
(1) report regularly to the department on matters that are the
basis of the probation;
(2) limit practice to the areas prescribed by the department; or
(3) continue or review professional education until the person
attains a degree of skill satisfactory to the department in those
areas that are the basis of the probation.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.222(e), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 25, eff. September 1, 2005.
Sec. 455.254. EMERGENCY SUSPENSION. (a) The department shall
temporarily suspend the license of a license holder if the
department determines from the evidence or information presented
to it that continued practice by the license holder would
constitute a continuing and imminent threat to the public
welfare.
(b) A license may be suspended under this section without notice
or hearing on the complaint if:
(1) action is taken to initiate proceedings for a hearing before
the State Office of Administrative Hearings simultaneously with
the temporary suspension; and
(2) a hearing is held as soon as practicable under this chapter
and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause
to believe that a continuing and imminent threat to the public
welfare still exists. A final hearing on the matter shall be held
not later than the 61st day after the date of the temporary
suspension.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 9, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 26, eff. September 1, 2005.
SUBCHAPTER G. ADMINISTRATIVE PENALTY
Sec. 455.301. IMPOSITION OF ADMINISTRATIVE PENALTY. The
department may impose an administrative penalty on a person who
violates this chapter or a rule adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 455.302. AMOUNT OF PENALTY. (a) The amount of an
administrative penalty may not exceed $1,000 for each violation.
Each day a violation continues or occurs is a separate violation
for purposes of imposing a penalty.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made to correct the violation; and
(5) any other matter that justice may require.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 455.303. NOTICE OF VIOLATION AND PENALTY. If, after
investigation of a possible violation and the facts surrounding
the possible violation, the department determines that a
violation occurred, the department shall give written notice of
the violation to the person on whom the administrative penalty
may be imposed. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended penalty; and
(3) inform the person of the person's right to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 455.304. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not
later than the 20th day after the date the person receives the
notice under Section 455.303, the person may:
(1) accept the department's determination and recommended
administrative penalty; or
(2) make a written request for a hearing on that determination.
(b) If the person accepts the department's determination, the
executive commissioner or the commissioner's designee by order
shall approve the determination and require the person to pay the
recommended penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 27, eff. September 1, 2005.
Sec. 455.305. HEARING ON DEPARTMENT DETERMINATION. (a) If the
person makes a timely request for a hearing, the department
shall:
(1) set a hearing;
(2) give written notice of the hearing to the person; and
(3) designate a hearings examiner to conduct the hearing.
(b) The hearings examiner shall:
(1) make findings of fact and conclusions of law; and
(2) promptly issue to the executive commissioner or the
commissioner's designee a proposal for decision as to the
occurrence of the violation, and, if the examiner determines a
penalty is warranted, the amount of the proposed administrative
penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 28, eff. September 1, 2005.
Sec. 455.306. DECISION BY EXECUTIVE COMMISSIONER. (a) Based on
the findings of fact, conclusions of law, and recommendations of
the hearings examiner, the executive commissioner or the
commissioner's designee by order may determine that:
(1) a violation occurred and may impose an administrative
penalty; or
(2) a violation did not occur.
(b) The department shall give notice of the order to the person.
The notice must include:
(1) separate statements of the findings of fact and conclusions
of law;
(2) the amount of any penalty imposed; and
(3) a statement of the right of the person to judicial review of
the order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 29, eff. September 1, 2005.
Sec. 455.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)
Not later than the 30th day after the date the order issued under
Section 455.306 becomes final, the person shall:
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial review
contesting the fact of the violation, the amount of the penalty,
or both; or
(3) without paying the penalty, file a petition for judicial
review contesting the fact of the violation, the amount of the
penalty, or both.
(b) Within the 30-day period, a person who acts under Subsection
(a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow
account; or
(B) giving to the court a supersedeas bond that is approved by
the court and that is:
(i) for the amount of the penalty; and
(ii) effective until judicial review of the order is final; or
(2) request the court to stay the enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the penalty
and is financially unable to give the supersedeas bond; and
(B) sending a copy of the affidavit to the department by
certified mail.
(c) If the department receives a copy of an affidavit under
Subsection (b)(2), the department may file with the court a
contest to the affidavit not later than the fifth day after the
date the copy is received.
(d) The court shall hold a hearing on the facts alleged in the
affidavit as soon as practicable and stay the enforcement of the
penalty on finding that the alleged facts are true. The person
who files the affidavit has the burden of proving that the person
is financially unable to pay the penalty and to give a
supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 455.308. DETERMINATION BY COURT. (a) If the court
sustains the finding that a violation occurred, the court may
uphold or reduce the amount of the administrative penalty and
order the person to pay the full or reduced amount.
(b) If the court does not sustain the finding that a violation
occurred, the court shall order that a penalty is not owed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 455.309. REMITTANCE OF PENALTY AND INTEREST. (a) If,
after judicial review, the administrative penalty is reduced or
not imposed by the court, the court shall, after the judgment
becomes final:
(1) order the appropriate amount, plus accrued interest, be
remitted to the person by the department if the person paid the
penalty under Section 455.307(a)(2); or
(2) if the person paid the penalty under Section
455.307(b)(1)(A) or posted a supersedeas bond, order the
department to:
(A) execute a complete release of the escrow account or bond, as
appropriate, if the penalty is not imposed; or
(B) release the escrow account or bond, as appropriate, after
the reduced penalty has been paid from the account or by the
person.
(b) The interest paid under Subsection (a)(1) is accrued at the
rate charged on loans to depository institutions by the New York
Federal Reserve Bank. The interest shall be paid for the period
beginning on the date the penalty is paid and ending on the date
the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 455.310. COLLECTION OF PENALTY. (a) In this section,
"reasonable expenses and costs" includes expenses incurred by the
department and the attorney general in the investigation,
initiation, or prosecution of an action, including reasonable
investigative costs, court costs, attorney's fees, witness fees,
and deposition expenses.
(b) The department may assess reasonable expenses and costs
against a person in an administrative hearing if, as a result of
the hearing, an administrative penalty is assessed against the
person. The person shall pay expenses and costs assessed under
this subsection not later than the 30th day after the date the
order of the executive commissioner or the commissioner's
designee requiring the payment of expenses and costs is final.
The department may refer the matter to the attorney general for
collection of expenses and costs.
(c) If the person does not pay the administrative penalty and
the enforcement of the penalty is not stayed, the department may
refer the matter to the attorney general for collection of the
amount of the penalty.
(d) If the attorney general brings an action against a person to
enforce an administrative penalty assessed under this chapter and
the person is found liable for an administrative penalty, the
attorney general may recover, on behalf of the attorney general
and the department, reasonable expenses and costs.
(e) Expenses and costs collected under this section shall be
deposited in the state treasury to the credit of a special
account the amounts in which may be appropriated only to the
department. Section 403.095, Government Code, does not apply to
the account.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 30, eff. September 1, 2005.
Sec. 455.311. ADMINISTRATIVE PROCEDURE. A proceeding to assess
an administrative penalty under this chapter is subject to
Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER H. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 455.351. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
attorney general, a district or county attorney, a municipal
attorney, or the department may institute an action for
injunctive relief to restrain a violation by a person who:
(1) appears to be in violation of or threatening to violate this
chapter or a rule adopted under this chapter; or
(2) is the owner or operator of an establishment that offers
massage therapy or other massage services regulated by this
chapter and is not licensed under this chapter.
(b) The attorney general, a district or county attorney, a
municipal attorney, or the department may institute an action to
collect a civil penalty from a person who appears to be in
violation of this chapter or a rule adopted under this chapter.
The amount of a civil penalty shall be not less than $1,000 or
more than $10,000 for each violation.
(c) Each day a violation occurs or continues to occur is a
separate violation.
(d) An action filed under this section by the attorney general
or the department must be filed in a district court in Travis
County or the county in which the violation occurred.
(e) The attorney general, district and county attorney,
municipal attorney, and the department may recover reasonable
expenses incurred in obtaining injunctive relief or a civil
penalty under this section, including court costs, reasonable
attorney's fees, investigative costs, witness fees, and
deposition expenses.
(f) A civil penalty recovered in an action by the attorney
general or the department under this section shall be deposited
in the state treasury.
(g) In an injunction issued under this section, a court may
include reasonable requirements to prevent further violations of
this chapter.
(h) Notwithstanding Section 22.004, Government Code:
(1) a person may not continue the enjoined activity pending
appeal or trial on the merits of an injunctive order entered in a
suit brought under this subchapter;
(2) not later than the 90th day after the date of the injunctive
order, the appropriate court of appeals shall hear and decide an
appeal taken by a party enjoined under this subchapter; and
(3) if an appeal is not taken by a party temporarily enjoined
under this article, the parties are entitled to a full trial on
the merits not later than the 90th day after the date of the
temporary injunctive order.
(i) In this section:
(1) "Operator" means a person who is supervising a massage
establishment or massage school at the time a violation occurs or
the establishment or school is inspected. If no person is
supervising, then any employee, contractor, or agent of the owner
who is present at the establishment or school is the operator.
(2) "Owner" includes a person:
(A) in whose name a certificate of occupancy has been issued for
a massage establishment or massage school and any person having
control over that person; or
(B) who operates a massage establishment or massage school under
a lease, operating agreement, or other arrangement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 31, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1399, Sec. 5, eff. September 1, 2007.
Sec. 455.352. CRIMINAL PENALTY. (a) A person commits an
offense if the person is required to be licensed under this
chapter and the person:
(1) knowingly violates Section 455.151, 455.159, 455.202(b),
455.203(a) or (c), 455.204(b) or (c), or 455.205(b), (c), or (d);
or
(2) collects a fee or any other form of compensation for massage
therapy without being licensed under this chapter.
(a-1) A person commits an offense if the person is required to
be licensed under this chapter and the person knowingly violates
Section 455.205(a). An offense under this subsection is a Class B
misdemeanor, unless the actor has previously been convicted one
or two times of an offense under this subsection, in which event
it is a Class A misdemeanor. If the actor has previously been
convicted three or more times of an offense under this
subsection, the offense is a state jail felony.
(b) An owner or operator of a massage establishment commits an
offense if the person knowingly violates Section 455.151(a),
455.155(d), 455.202(a), 455.204(b) or (c), or 455.205(d). An
offense under this subsection is a Class B misdemeanor, unless
the actor has previously been convicted one or two times of an
offense under this subsection, in which event it is a Class A
misdemeanor. If the actor has previously been convicted three or
more times of an offense under this subsection, the offense is a
state jail felony.
(c) An owner or operator of a massage school commits an offense
if the person knowingly violates Section 455.151(a), 455.159,
455.203(a) or (c), 455.204(b) or (c), or 455.205(b), (c), or (d).
(d) Except as provided by Subsections (a-1), (b), and (e), an
offense under this section is a Class C misdemeanor.
(e) If it is shown at the trial of an offense under this section
that the defendant has been previously convicted of an offense
under this section, the offense is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 32, eff. September 1, 2005.
Sec. 455.353. ENFORCEMENT BY PEACE OFFICERS. A peace officer of
this state, including a peace officer employed by a political
subdivision of the state, may enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.