85R7999 SMT-D
By: Miller H.B. No. 2846
A BILL TO BE ENTITLED
AN ACT
relating to the employment of certain individuals at a sexually
oriented business.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 125.0015(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
controlled substance in violation of Chapter 481, Health and Safety
Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution, promotion of prostitution, or
aggravated promotion of prostitution as prohibited by the Penal
Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code;
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code;
(18) massage therapy or other massage services in
violation of Chapter 455, Occupations Code;
(19) employing an individual younger than 21 years of
age [a minor] at a sexually oriented business as defined by Section
243.002, Local Government Code;
(20) trafficking of persons as described by Section
20A.02, Penal Code;
(21) sexual conduct or performance by a child as
described by Section 43.25, Penal Code; or
(22) employment harmful to a child as described by
Section 43.251, Penal Code.
SECTION 2. Sections 51.016(b) and (h), Labor Code, are
amended to read as follows:
(b) A sexually oriented business may not employ an
individual younger than 21 [18] years of age.
(h) The commission, the attorney general, or a local law
enforcement agency may inspect a record maintained under this
section if there is good reason to believe that an individual
younger than 21 [18] years of age is employed or has been employed
by the sexually oriented business within the two years preceding
the date of the inspection.
SECTION 3. Section 43.251(a)(1), Penal Code, is amended to
read as follows:
(1) "Child" means a person younger than 21 [18] years
of age.
SECTION 4. The change in law made by this Act to Section
125.0015, Civil Practice and Remedies Code, applies only to a cause
of action that accrues on or after the effective date of this Act. A
cause of action that accrues before the effective date of this Act
is governed by the law in effect immediately before that date, and
the former law is continued in effect for that purpose.
SECTION 5. The changes in law made by this Act to Section
51.016, Labor Code, and Section 43.251, Penal Code, apply 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, 2017.