(a) Unless otherwise exempt under the Act, a place of business that advertises or offers massage therapy or other massage services must be licensed by the department as a massage establishment as provided by this section.
(b) A sexually oriented business may not obtain a license from the department or operate as a massage establishment.
(c) Each applicant for a massage establishment must:
  (1) submit a completed application on a department approved form;
  (2) pay the fee as prescribed under §117.100; and
  (3) successfully pass a criminal history background check performed by the department in accordance with the Act, the department's criminal conviction guidelines, and pursuant to Texas Occupations Code, Chapters 51 and 53.
(d) A criminal history check performed under this subsection requires an applicant for a license to submit a complete and legible set of fingerprints, on a form prescribed by the department, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(e) The department may not issue a license to a person who does not comply with the requirements of this section.
(f) The department shall conduct a criminal history record information check of each applicant for a license using information:
  (1) provided by the individual under this section; and
  (2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(g) For purposes of this section, if the applicant for a license is an entity, the applicant must submit fingerprints as required by this section for each individual who:
  (1) personally or constructively holds, including as the beneficiary of a trust:
    (A) at least 10 percent of the entity's outstanding stock; or
    (B) more than $25,000 of the fair market value of the entity;
  (2) has the controlling interest in the entity;
  (3) has a direct or indirect participating interest through shares, stock, or otherwise, regardless of whether voting rights are included, of more than 10 percent of the profits, proceeds, or capital gains of the entity;
  (4) is a member of the board of directors or other governing body of the entity; or
  (5) serves as:
    (A) an elected officer of the entity; or
    (B) a general manager of the entity.

Source Note: The provisions of this §117.80 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406; amended to be effective February 1, 2020, 45 TexReg 543