(a) The commission or executive director may refuse to issue a license to a person, suspend, revoke, or refuse to renew the license of a person, or impose an administrative penalty under Subchapter F, Chapter 51, on a person licensed under this chapter if the person:
(1) obtains or attempts to obtain 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 commission under this chapter;
(4) engages in unprofessional conduct as defined by commission 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 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 under Chapter 20A, Penal Code, or § 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.

Terms Used In Texas Occupations Code 455.251

  • Conviction: A judgement of guilt against a criminal defendant.
  • Fraud: Intentional deception resulting in injury to another.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Rule: includes regulation. See Texas Government Code 311.005

(c) The commission or executive director shall revoke the license of a person licensed as a massage school or massage establishment if the commission or executive director determines that:
(1) the school or establishment is a sexually oriented business; or
(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.

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