Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 2776 strengthens licensing regulations for massage establishments, schools, therapists, and instructors by expanding ineligibility criteria for individuals convicted of crimes related to human trafficking, sexual misconduct, and related offenses. It mandates automatic license revocation for those found guilty or who plead nolo contendere to such offenses and prohibits massage therapy services at sexually oriented businesses.

The bill aligns Texas law with federal and other state regulations, ensuring that individuals with a history of serious criminal offenses cannot obtain or retain a professional license in the massage industry. By enhancing oversight and enforcement, HB 2776 aims to protect public safety while maintaining ethical industry standards.

The Committee Substitute for HB 2776 largely retains the core intent of the filed bill but refines its language, enforcement mechanisms, and statutory references to improve clarity and ensure smoother implementation.

A key substantive difference is the refinement of license revocation provisions for massage therapists and instructors involved in sexually oriented businesses. While the filed bill granted the Texas Commission of Licensing and Regulation authority to revoke licenses for those convicted of specified offenses or practicing at such establishments, the committee version clarifies how these provisions will be enforced, likely to avoid ambiguity in interpretation and implementation.

Additionally, the filed version expanded the definition of a "healthcare services provider" in the Penal Code to include massage therapists, ensuring that they are subject to the same legal standards as other medical professionals in cases of misconduct. The Committee Substitute retains this expansion but refines the language to ensure consistency across statutory references.

Finally, technical and formatting changes were made throughout the bill to enhance readability and alignment with existing legal frameworks. These adjustments help ensure that the bill integrates seamlessly into Texas law without unintended conflicts or enforcement issues. Overall, the committee substitute strengthens the original bill's intent while improving its clarity and enforceability.

Author

Don McLaughlin

Contact the Author

Rep. Don McLaughlin

Capitol Phone:

(512) 463-0194

Capitol Office:

EXT E2.820

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board's Fiscal Note, HB 2776 is not expected to have a significant fiscal impact on the state. The Texas Department of Licensing and Regulation (TDLR), which will oversee the enforcement of the bill's provisions, is assumed to be able to absorb any costs associated with the new licensing restrictions and revocation procedures within its existing budget. Similarly, other agencies, such as the Department of Information Resources, are not expected to require additional funding to implement the bill’s provisions.

Additionally, no fiscal impact is anticipated for local governments, meaning cities and counties will not incur additional costs related to enforcement or compliance with the new regulations. The bill’s focus on licensing enforcement and statutory alignment allows for implementation without the need for additional resources or expanded regulatory infrastructure.

Vote Recommendation Notes

HB 2776 strengthens consumer protections and professional accountability in the massage therapy industry by tightening licensing restrictions and revoking eligibility for individuals convicted of serious crimes, such as human trafficking and sexual misconduct. By preventing bad actors from obtaining or maintaining a license, the bill upholds public safety and ethical business practices without imposing excessive regulatory burdens. This aligns with the principles of individual liberty and personal responsibility, ensuring that licensed professionals adhere to legal and ethical standards while safeguarding the rights of consumers.

From a free enterprise perspective, HB 2776 does not introduce unnecessary government intervention but instead ensures a fair and ethical marketplace by removing individuals who engage in criminal activities. The bill also upholds private property rights by allowing legitimate businesses to operate free from the reputational and financial harm caused by bad actors in the industry. Importantly, the legislation is targeted and limited in scope, applying only to those convicted of specific offenses rather than expanding government oversight indiscriminately.

Finally, HB 2776 is fiscally neutral, meaning it does not impose additional costs on the state or local governments, as confirmed by the Legislative Budget Board’s fiscal note. The committee substitute improves clarity and enforcement mechanisms while keeping the bill’s intent intact. Given its balance between public safety, market fairness, and minimal government overreach, HB 2776 aligns with core limited government principles and merits support.

Related Legislation

SB 703 (Same As)

View Bill Text and Status