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Signed Into Law
Signed May 21, 2025Effective 2025-09-01
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.

Government Affairs & Regulatory Compliance Analysis

SB703: Government Affairs Overview

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.

Sen. Judith Zaffirini·Senate Bill·Regular Session

Critical
Low Cost
Effective:2025-09-01

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SB703
Critical
Relating to the criminal and licensing consequences for the commission of certain offenses by massage establishments, massage schools, massage therapi...
Critical Compliance Urgency
Requires immediate attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Local Law Enforcement / District...TDLR
Primary Author: Sen. Judith Zaffirini
89th Texas Legislature
jdkey.com
01

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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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Jan 3, 2025
Passed Senate
Mar 6, 2025
Passed House
May 8, 2025
Signed
May 21, 2025
Effective
Sep 1, 2025
TopicsCrimesCrimes--against PersonsCrimes--against Persons--sexualOccupational RegulationOccupational Regulation--other Trades & ProfessionsMassage Therapy & Massage TherapistsLicensing & Regulation, Texas Commission of
03

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

House Sponsor

Rep. Don McLaughlinRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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More from Sen. Judith Zaffirini

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Quick Reference

Frequently Asked Questions

Common questions about SB703

Q

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.

Q

Who authored SB703?

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

Q

When was SB703 signed into law?

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

Q

Which agencies enforce SB703?

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

Q

How significant are the changes in SB703?

The regulatory priority for SB703 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

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.

Q

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.

Q

What are the key dates for SB703?

Key dates for SB703: Effective date is 2025-09-01. Rulemaking: Adopt rules necessary to implement the expanded list of disqualifying criminal offenses and mandatory revocation procedures. (As soon as practicable after 2025-09-01). Consult with legal counsel regarding applicability.

Q

What are the penalties under SB703?

SB703 establishes the following penalties: Administrative (Licensing) penalty of License Revocation / Ineligibility for Conviction, guilty plea, nolo contendere, or deferred adjudication for expanded list of sexual offenses, specifically adding Indecent Assault (Penal Code 22.012) and others (e.g., 21.09, 21.11, 21.12, 21.15, 21.16, 43.262).; Criminal Liability Enhancement penalty of Felony Classification Change (Contextual) for Massage Therapists are now legally defined as 'Health care services providers' under Penal Code 22.011. Sexual acts with clients may be prosecuted as Sexual Assault without requiring proof of force/threats, similar to doctors or nurses.. Consult with legal counsel for specific applicability to your situation.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026