Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

In Layman's Terms

SB 703 strengthens licensing standards for the massage industry by expanding the crimes that disqualify someone from obtaining or keeping a massage license, particularly offenses involving human trafficking and sexual exploitation. The bill also subjects licensed massage therapists to the same criminal penalties as other healthcare providers for sexually exploiting patients.

Digest

SB 703 strengthens the criminal and professional licensing consequences applicable to massage establishments, massage schools, massage therapists, and massage therapy instructors by expanding the list of criminal offenses that disqualify an individual from obtaining or retaining a massage-related license. The bill broadens existing disqualifying offenses to include a wider range of human trafficking, sexual offenses, prostitution-related offenses, and offenses involving the sexual exploitation of children, as well as criminal attempt, conspiracy, or solicitation related to those crimes. It also extends disqualification to substantially similar offenses under federal law or the laws of another state.

The bill correspondingly expands the grounds for mandatory license revocation. Under the bill, the Texas Commission of Licensing and Regulation or its executive director must revoke the license of a massage therapist or massage therapy instructor if the license holder is convicted of, pleads guilty or nolo contendere to, or receives deferred adjudication for any offense included in the expanded list of disqualifying crimes. Existing authority to revoke a license for practicing or administering massage therapy at or for a sexually oriented business is retained. The bill also directs the commission to adopt any rules necessary to implement these expanded licensing standards.

Additionally, SB 703 amends the Penal Code to include licensed massage therapists within the definition of a health care services provider for purposes of the sexual assault statute involving exploitation by health care providers. This change subjects licensed massage therapists to the same criminal provisions that already apply to physicians, nurses, chiropractors, physical therapists, and physician assistants when they engage in prohibited sexual conduct with patients under circumstances covered by the statute. The bill applies prospectively to offenses committed on or after its effective date.

Author (1)

Judith Zaffirini

Sponsor (1)

Don McLaughlin

Contact the Author

Sen. Judith Zaffirini

Capitol Phone:

(512) 463-0121

Capitol Office:

CAP 1E.13

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 703 is not expected to have a significant fiscal impact on the state. The LBB assumes that any administrative costs associated with implementing the bill, including updating licensing procedures, adopting necessary rules, and enforcing the expanded licensing disqualifications and revocation provisions, could be absorbed using existing agency resources without requiring additional appropriations.

The bill expands the criminal offenses that make an individual ineligible for a massage-related license, broadens the grounds for mandatory license revocation, and requires the Texas Commission of Licensing and Regulation to adopt implementing rules. Despite these changes, the LBB concludes that the associated workload does not create a significant fiscal burden for the affected state agencies.

The LBB also reports that no fiscal implication to units of local government is anticipated, indicating that implementation of the bill is not expected to impose meaningful costs or generate significant savings for local governments.

Vote Recommendation Notes

SB 703 strengthens existing protections within Texas' massage therapy licensing framework by expanding the list of criminal offenses that disqualify an individual from obtaining or retaining a massage-related license and by clarifying statutory language that previously created ambiguity in enforcement. The accompanying bill analysis explains that current law contains inconsistencies regarding licensure consequences for certain sexual offenses, including indecent assault, and that the bill is intended to ensure individuals convicted of those offenses cannot become or remain licensed massage therapists.

The bill also updates the mandatory license revocation provisions to correspond with the expanded list of disqualifying offenses and adds licensed massage therapists to the definition of "health care services provider" under the applicable sexual assault statute. These changes strengthen professional accountability for licensed practitioners while maintaining the existing regulatory structure rather than creating a new licensing program or expanding agency discretion beyond implementing the revised statutory standards.

From a limited-government perspective, the bill represents a targeted exercise of the state's existing police power to protect public safety and consumers in a licensed profession. It does not create a new regulatory entity, impose significant new administrative burdens, or require additional appropriations. The Legislative Budget Board concludes that implementation can be absorbed with existing resources and anticipates no significant fiscal impact on either state or local government. Because the legislation closes statutory loopholes, improves consistency in licensing enforcement, and strengthens protections against sexual misconduct within an already regulated profession without materially expanding government, Texas Policy Research recommends that lawmakers vote YES.

Free Enterprise

By removing bad actors from the licensed massage industry and creating clearer statutory standards, the bill helps legitimate businesses compete without reputational harm caused by businesses or practitioners engaged in criminal conduct. It does not impose meaningful new compliance burdens on law-abiding operators.

Property Rights

The bill strengthens the ability of legitimate massage establishments to operate without unfair competition from individuals involved in trafficking or sexual exploitation while leaving ownership and property rights otherwise untouched. It protects the integrity of private businesses rather than restricting their property interests.

Personal Responsibility

Reinforces accountability by ensuring that individuals who commit specified offenses cannot continue practicing in a licensed profession where public trust is essential. Professional privileges remain tied to lawful and responsible conduct.

Limited Government

The bill works entirely within the existing licensing and enforcement framework. It clarifies statutory language, standardizes disqualifying offenses, and improves enforcement consistency without creating a new agency or significant administrative costs.

Individual Liberty

Protects the liberty and bodily autonomy of clients by reducing the likelihood that individuals convicted of serious sexual offenses or human trafficking can obtain or retain a massage license. The restrictions apply only after due process through criminal conviction, guilty plea, or deferred adjudication.

Committee Vote Information

Senate Committee on Business & Commerce: 11Y/0N
House Committee on Licensing & Administrative Procedures: 8Y/0N (5 Absent)

Related Legislation

HB 2776 (Same As)

View Bill Text and Status