SB703

Regular Session

Relating to the criminal and licensing consequences for the commission of certain offenses by massage establishments, massage schools, massage therapists, and massage therapy instructors.

CriticalImmediate action required

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Commission of Licensing and Regulation (TDLR) • Local Law Enforcement / District Attorneys (regarding Penal Code amendments)

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 policies and roster audits must be complete prior to the effective date).
Agency Rulemaking: The Texas Commission of Licensing and Regulation (TDLR) is required to adopt rules implementing the new disqualifying offenses "as soon as practicable" after September 1, 2025.
*Regulatory Gray Zone:* The Penal Code changes (criminal liability) are self-executing on September 1 and do not require agency rules to be enforceable by local prosecutors.

Immediate Action Plan

1. Audit Roster Immediately: Run expanded background checks on all current staff to identify any history of Indecent Assault or deferred adjudication for sexual offenses.
2. Update Insurance: Contact your broker to determine if the reclassification to "Health Care Services Provider" impacts your Sexual Misconduct & Molestation (SMM) coverage limits or exclusions.
3. Revise Handbooks: Rewrite sexual misconduct policies to reflect that consent is no longer a defense to criminal liability.
4. Prepare for September 1: Ensure all non-compliant staff are removed from the schedule prior to the effective date to mitigate vicarious liability.

Operational Changes Required

Contracts

Employment Agreements: Amend termination clauses to permit immediate dismissal upon *charge* or *deferred adjudication* for SB703-listed offenses (e.g., Indecent Assault), not just conviction.
Staffing Agency MSAs: If you utilize third-party staffing, amend Master Service Agreements to require specific screening for Penal Code 22.012 (Indecent Assault) and include indemnification for regulatory fines resulting from placement of ineligible therapists.

Hiring/Training

Background Checks: Standard "felony-only" checks are no longer sufficient. You must expand screening criteria to include specific misdemeanors, particularly Indecent Assault (PC 22.012) and Online Solicitation of a Minor.
Mandatory Training: Update sexual misconduct training modules to explicitly state that LMTs are "Health Care Services Providers." Staff must understand that under PC 22.011, a client *cannot legally consent* to sexual contact during a session; such acts are now automatically felonies.

Reporting & Record-Keeping

Roster Audit: Conduct an internal audit of all current employees and contractors against the new disqualifying offenses list before September 1, 2025.
Policy Acknowledgment: Require all therapists to sign a specific acknowledgment form recognizing their new legal status as Health Care Services Providers and the removal of the consent defense.

Fees & Costs

Direct Costs: No new state licensing fees are introduced.
Indirect Costs: Budget for increased legal review of contracts and potential premium hikes in Professional Liability Insurance (PLI), as carriers may adjust rates due to the elevated "Health Care Provider" liability classification.

Strategic Ambiguities & Considerations

Retroactivity of Disqualification: The law does not explicitly state how TDLR will handle *existing* licenses held by individuals with *past* deferred adjudications for newly added offenses (e.g., a 2021 Indecent Assault). Businesses must watch for TDLR rulemaking to see if these licenses will be revoked immediately or flagged for non-renewal.
"Practiced at a Sexually Oriented Business": The bill allows revocation if the Executive Director determines a person practiced at a sexually oriented business. The evidentiary standard for this determination is undefined, creating risk for legitimate businesses located in proximity to restricted zones.

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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

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BILL ANALYSIS

Senate Research Center	S.B. 703
89R5409 JCG-F	By: Zaffirini
	Business & Commerce
	2/13/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Texas law aims to protect clients of massage therapy businesses from sexual assault, but loopholes in the current statutes lead to inconsistent enforcement regarding licensure for offenders. While current law bars persons convicted of sexual assault from obtaining a massage therapy license, vague language such as "another sexual offense" creates ambiguity, and indecent assault is not automatically disqualifying. S.B. 703 would remove the imprecise term "another sexual offense" and add indecent assault as an automatic bar to obtaining or retaining a massage therapy license. These changes would strengthen protections for Texans by preventing persons convicted of indecent assault from working as licensed massage therapists and ensuring consistent enforcement.

As proposed, S.B. 703 amends current law relating to the criminal and licensing consequences for the commission of certain offenses by massage establishments, massage schools, massage therapists, and massage therapy instructors.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 4 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. 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, and amends it to read as follows:

Sec. 455.152. INELIGIBILITY FOR LICENSE. Provides that 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) certain offenses, including an offense under Chapter 20A (Trafficking of Persons), Penal Code, or Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), 21.09 (Bestiality), 21.11 (Indecency With a Child), 21.12 (Improper Relationship Between Educator and Student), 21.15 (Invasive Visual Recording), 21.16 (Unlawful Disclosure or Promotion of Intimate Visual Material), 21.165 (Unlawful Production or Distribution of Certain Sexually Explicit Videos), 21.18 (Sexual Coercion), 22.011 (Sexual Assault), 22.012 (Indecent Assault), 22.021 (Aggravated Sexual Assault), 25.02 (Prohibited Sexual Conduct), 43.25 (Sexual Performance by a Child), 43.26 (Possession or Promotion of Child Pornography), or 43.262 (Possession or Promotion of Lewd Visual Material Depicting Child), Penal Code. Makes nonsubstantive changes;

(2) criminal attempt, conspiracy, or solicitation under Section 15.01 (Criminal Attempt), 15.02 (Criminal Conspiracy), or 15.03 (Criminal Solicitation), Penal Code, if the intended offense is an offense described by Subdivision (1); or

(3) creates this subdivision from existing text and makes nonsubstantive changes.

SECTION 2. Amends Section 455.251(b), Occupations Code, as follows:

(b) Requires the Texas Commission of Licensing and Regulation (TCLR) or the executive director of TCLR (executive director) to 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, rather than under certain Penal Code provisions, and makes a nonsubstantive change; or

(2) makes no changes to this subdivision.

Deletes existing text of Subsection(b)(1)(B) requiring TCLR or the executive director to revoke the license of a person licensed as a massage therapist or massage therapy instructor if the person is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for 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).

SECTION 3. Amends Section 22.011(c), Penal Code, by amending Subdivision (3) to redefine "health care services provider."

SECTION 4. Requires TCLR, as soon as practicable after the effective date of this Act, to adopt rules necessary to implement Sections 455.152 and 455.251, Occupations Code, as amended by this Act.

SECTION 5. Makes application of Section 22.011, Penal Code, as amended by this Act, prospective.

SECTION 6. Effective date: September 1, 2025.

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

House Sponsor

Rep. Don McLaughlinRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 703

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the criminal and licensing consequences for the
	commission of certain offenses by massage establishments, massage
	schools, massage therapists, and massage therapy instructors.
	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 21.02, 21.09, 21.11,
	21.12, 21.15, 21.16, 21.165, 21.18, 22.011, 22.012, 22.021, 25.02,
	43.021, 43.03, 43.031, 43.04, 43.041, [or] 43.05, 43.25, 43.26, or
	43.262, Penal Code; [or]
	(2) criminal attempt, conspiracy, or solicitation
	under Section 15.01, 15.02, or 15.03, Penal Code, if the intended
	offense is an offense described by Subdivision (1); or
	(3) 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) or (2).
	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. Section 22.011(c), Penal Code, is amended by
	amending Subdivision (3) to read as follows:
	(3) "Health care services provider" means:
	(A) a physician licensed under Subtitle B, Title
	3, Occupations Code;
	(B) a chiropractor licensed under Chapter 201,
	Occupations Code;
	(C) a physical therapist licensed under Chapter
	453, Occupations Code;
	(D) a physician assistant licensed under Chapter
	204, Occupations Code; [or]
	(E) a registered nurse, a vocational nurse, or an
	advanced practice nurse licensed under Chapter 301, Occupations
	Code; or
	(F) a massage therapist licensed under Chapter
	455, Occupations Code.
	SECTION 4. 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 5. Section 22.011, Penal Code, as amended by this
	Act, applies only to an offense committed on or after the effective
	date of this Act. An offense committed before the effective date of
	this Act is governed by the law in effect on the date the offense was
	committed, and the former law is continued in effect for that
	purpose. For purposes of this section, an offense was committed
	before the effective date of this Act if any element of the offense
	occurred before that date.
	SECTION 6. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


February 17, 2025

TO:	Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB703 by Zaffirini (Relating to the criminal and licensing consequences for the commission of certain offenses by massage establishments, massage schools, massage therapists, and massage therapy instructors.), 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:

313 Department of Information Resources, 452 Department of Licensing and Regulation

LBB Staff:

JMc, CMA, GDZ, BFa

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Frequently Asked Questions

Common questions about SB703

What does Texas SB703 do?

SB703 fundamentally alters the legal liability landscape for the Texas massage industry by reclassifying Licensed Massage Therapists (LMTs) as "Health Care Services Providers" under the Penal Code, thereby removing client consent as a legal defense against sexual assault charges. Additionally, the bill mandates license revocation for an expanded list of offenses—including Indecent Assault and deferred adjudication—impacting all massage establishments, multi-disciplinary clinics, and schools. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: August 31, 2025 (All policies and roster audits must be complete prior to the effective date).

Who authored SB703?

SB703 was authored by Texas Senator Judith Zaffirini during the Regular Session.

When was SB703 signed into law?

SB703 was signed into law by Governor Greg Abbott on May 21, 2025.

Which agencies enforce SB703?

SB703 is enforced by Texas Commission of Licensing and Regulation (TDLR) and Local Law Enforcement / District Attorneys (regarding Penal Code amendments).

How urgent is compliance with SB703?

The compliance urgency for SB703 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB703?

The cost impact of SB703 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB703 address?

SB703 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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