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Texas Occupations Code - OCC § 455.251. Grounds for License Denial, Disciplinary Action, or Administrative Penalty

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The commission or executive director may refuse to issue a license to a person, suspend, revoke, or refuse to renew the license of a person, or impose an administrative penalty under Subchapter F, Chapter 51, on 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.

<Text of (b) as amended by Acts 2025, 89th Leg., ch. 95 (S.B. 703), § 2, eff. Sept. 1, 2025 and  Acts 2025, 89th Leg., ch. 568 (H.B. 1732), § 2, eff. Sept. 1, 2025. >

(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 an offense described by Section 455.152;  or

(2) the commission or executive director determines the person has practiced or administered massage therapy at or for a sexually oriented business.

<Text of (b) as amended by Acts 2025, 89th Leg., ch. 250 (H.B. 1778), § 2.11, eff. Sept. 1, 2025.>

(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 43.021, 43.03, 43.031, 43.032,43.04, 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.

(c) The commission or executive director 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;  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.

(d) If the applicant for a massage establishment or massage school license under this chapter is subject to an emergency order under Section 51.3511 for a ground described by Section 455.252, the commission or executive director may delay the determination to approve or refuse the issuance of the license for the period during which the emergency order is in effect.  For purposes of this subsection, if the applicant is an entity, the applicant is considered to be subject to the emergency order if any owner or operator of the entity is subject to the emergency order.

(e) The commission or executive director may delay the determination to approve or refuse the issuance of a massage establishment or massage school license for a period of up to 90 days after the date on which the application for the license is submitted if the commission or executive director has reasonable cause to believe an offense under Chapter 20A, Penal Code:

(1) is being or is likely to be committed at the location for which the license is sought;  or

(2) was committed at a massage establishment or massage school owned or operated by the applicant or, if the applicant is an entity, operated by any owner or operator of the applicant.

(f) For purposes of Subsection (e), the date that an application is submitted is the date on which a complete application is received by the department, including any additional requested materials.

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Cite this article: FindLaw.com - Texas Occupations Code - OCC § 455.251. Grounds for License Denial, Disciplinary Action, or Administrative Penalty - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-455-251/

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