CHAPTER 455. MASSAGE THERAPY

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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.

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.

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.

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;

(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.

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.

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.

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.

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.

(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;

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.

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.

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.

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.

as a massage school or massage establishment if the department

determines that:

(1) the school or establishment is a sexually oriented business;

(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.

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.

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.

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.

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);

(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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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