HB1732

Regular Session

Relating to the regulation of massage therapy.

CriticalImmediate action required

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Commission of Licensing and Regulation • Texas Department of Licensing and Regulation

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: August 31, 2025 (All staff audits and contract updates must be finalized before the law takes effect to avoid negligent retention liability).
Agency Rulemaking: The Texas Commission of Licensing and Regulation (TDLR) is required to adopt implementing rules "as soon as practicable" after the effective date. Expect proposed rules in the *Texas Register* by mid-2025 regarding the specific mechanism for revocation.

Immediate Action Plan

1. Contact Background Check Vendors: Confirm they can isolate and report on Texas Penal Code § 22.012 and distinguish deferred adjudications.
2. Audit Current Roster: Run updated checks on all licensed staff before August 2025 to identify anyone who will become statutorily ineligible.
3. Update Hiring Protocols: Revise interview questions and applications to screen for history with sexually oriented businesses.
4. Review Insurance: Verify that your Professional Liability Insurance (PLI) covers defense costs if a claim arises involving an employee whose license status is challenged under this new statute.

Operational Changes Required

Contracts

Employment Agreements: Amend termination clauses to define "Cause" to specifically include "ineligibility for licensure under Occupations Code Chapter 455" and "entry of a plea of guilty, nolo contendere, or deferred adjudication for offenses listed in Texas Penal Code § 22.012."
Staffing Agency MSAs: If you utilize third-party staffing, amend Master Service Agreements to require the vendor to certify they have screened specifically for Indecent Assault and deferred adjudications. Include an indemnification clause for placement of ineligible workers.

Hiring/Training

Background Screening: Update background check parameters with your third-party vendor. You must explicitly request screening for Texas Penal Code § 22.012 (Indecent Assault).
Adjudication Logic: Instruct HR to flag "Deferred Adjudication" results. Under this statute, a deferred adjudication is treated legally equivalent to a conviction for licensing purposes.
Intake Forms: Add a mandatory disclosure question: "Have you ever practiced massage therapy at or for a sexually oriented business?"

Reporting & Record-Keeping

Internal Audit: Conduct a retrospective background check on all current employees using the new criteria prior to September 1, 2025.
Duty to Report: Update employee handbooks to require written notification to management within 24 hours of any arrest, charge, or plea deal related to sexual offenses.

Fees & Costs

Administrative Costs: Budget for increased background check fees to cover the expanded scope (auditing existing staff).
No State Fee Changes: The bill does not increase licensure fees payable to the State.

Strategic Ambiguities & Considerations

"Sexually Oriented Business" Verification: The statute mandates revocation for practicing at a sexually oriented business, but relies on definitions that vary by municipality. It is currently unclear how TDLR will verify this history without relying solely on self-reporting or municipal zoning cross-references.
Revocation Trigger: It is undefined whether TDLR will perform a mass database sweep and revoke licenses immediately on September 1, 2025, or if they will identify ineligible licensees only during their next scheduled renewal. Business Logic: Assume immediate revocation and act accordingly.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--against Persons Crimes--against Persons--sexual Occupational Regulation Occupational Regulation--other Trades & Professions Massage Therapy & Massage Therapists Licensing & Regulation, Texas Commission of

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 1732

By: Hernandez

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that law enforcement agencies, and specifically the Houston Police Department, have reported instances of individuals convicted of indecent assault, sexual assault, and aggravated sexual assault continuing to practice in the massage industry. While current law provides for license ineligibility for certain offenses under the Penal Code, state law does not explicitly prohibit licensure with regard to indecent assault, sexual assault, or aggravated sexual assault. H.B. 1732 seeks to resolve this issue by including these offenses among the offenses that make a person ineligible to obtain a massage license.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 3 of this bill.

ANALYSIS

H.B. 1732 reenacts Section 455.152, Occupations Code, as amended by Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th Legislature, Regular Session, 2023, by conforming to all of the changes made by Chapter 13 (S.B. 483) and to the changes made by Chapter 440 (H.B. 2016) that included sexual assault and aggravated sexual assault among the sexual offenses that make a person ineligible for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor if the person has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication for such an offense. The bill amends the Occupations Code to include indecent assault among those offenses. The bill also includes sexual assault, indecent assault, and aggravated sexual assault among the offenses that constitute grounds for mandatory revocation of a license as a massage therapist or massage therapy instructor if the license holder is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for such an offense. The bill requires the Texas Commission of Licensing and Regulation to adopt rules necessary to implement the bill's provisions.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Ana HernandezDemocrat · Primary Author

Joint Authors

Senate Sponsor

Sen. Judith ZaffiriniDemocrat · Primary Sponsor

Bill Text(with markup)

H.B. No. 1732

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the regulation of massage therapy.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 455.152, Occupations Code, as amended by
	Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th
	Legislature, Regular Session, 2023, is reenacted and amended to
	read as follows:
	Sec. 455.152. INELIGIBILITY FOR LICENSE. 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:
	(1) an offense under Chapter 20A, Penal Code [~~Section~~
	~~22.011 or 22.021 Penal Code~~], or Section 22.011, 22.012, 22.021,
	43.021, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code; or
	(2) 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 Subdivision (1).
	SECTION 2. Section 455.251(b), Occupations Code, is amended
	to read as follows:
	(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 described by Section 455.152
	[~~under Chapter 20A, Penal Code, or Section 43.021, 43.03, 43.031,~~
	~~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.
	SECTION 3. As soon as practicable after the effective date
	of this Act, the Texas Commission of Licensing and Regulation shall
	adopt rules necessary to implement Sections 455.152 and 455.251,
	Occupations Code, as amended by this Act.
	SECTION 4. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 23, 2025

TO:	Honorable Dade Phelan, Chair, House Committee on Licensing & Administrative Procedures

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB1732 by Hernandez (Relating to the regulation of massage therapy.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

452 Department of Licensing and Regulation

LBB Staff:

JMc, TUf, BFa

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Frequently Asked Questions

Common questions about HB1732

What does Texas HB1732 do?

HB1732 mandates a zero-tolerance policy for massage therapy licensure, explicitly adding Indecent Assault (Texas Penal Code § 22. 012) to the list of offenses requiring automatic license denial or revocation. Crucially, this disqualification applies to individuals who received deferred adjudication, not just final convictions, and extends to any therapist found to have practiced at a sexually oriented business.

Who authored HB1732?

HB1732 was authored by Texas Representative Ana Hernandez during the Regular Session.

When was HB1732 signed into law?

HB1732 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB1732?

HB1732 is enforced by Texas Commission of Licensing and Regulation and Texas Department of Licensing and Regulation.

How urgent is compliance with HB1732?

The compliance urgency for HB1732 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB1732?

The cost impact of HB1732 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB1732 address?

HB1732 addresses topics including crimes, crimes--against persons, crimes--against persons--sexual, occupational regulation and occupational regulation--other trades & professions.

Legislative data provided by LegiScanLast updated: November 25, 2025

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