Tex.
Occ. Code Section 455.352
Criminal Penalty
(a)
A person commits an offense if the person is required to be licensed under this chapter and the person:(1)
knowingly violates Section 455.151 (License Required), 455.159 (Student Internship Program), 455.202 (Practice by Massage Establishment)(b), 455.203 (Practice by Massage School or Instructor at School)(a) or (c), 455.204 (Display of License)(b) or (c), or 455.205 (Prohibited Practices)(b), (c), or (d); or(2)
collects a fee or any other form of compensation for massage therapy without being licensed under this chapter.(a-1)
A person commits an offense if the person is required to be licensed under this chapter and the person knowingly violates Section 455.205 (Prohibited Practices)(a). An offense under this subsection is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this subsection, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this subsection, the offense is a state jail felony.(b)
An owner or operator of a massage establishment commits an offense if the person knowingly violates Section 455.151 (License Required)(a), 455.155 (License Exemption)(d), 455.202 (Practice by Massage Establishment)(a), 455.204 (Display of License)(b) or (c), or 455.205 (Prohibited Practices)(d). An offense under this subsection is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this subsection, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this subsection, the offense is a state jail felony.(c)
An owner or operator of a massage school commits an offense if the person knowingly violates Section 455.151 (License Required)(a), 455.159 (Student Internship Program), 455.203 (Practice by Massage School or Instructor at School)(a) or (c), 455.204 (Display of License)(b) or (c), or 455.205 (Prohibited Practices)(b), (c), or (d).(d)
Except as provided by Subsections (a-1), (b), and (e), an offense under this section is a Class C misdemeanor.(e)
If it is shown at the trial of an offense under this section that the defendant has been previously convicted of an offense under this section, the offense is a Class A misdemeanor.
Source:
Section 455.352 — Criminal Penalty, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.455.htm#455.352 (accessed Jun. 5, 2024).
