Texas 2019 - 86th Regular

Texas House Bill HB2336 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12811 JAM-F
2	2	By: Miller H.B. No. 2336
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions on the age of persons employed by or
8	8	allowed on the premises of a sexually oriented business; creating a
9	9	criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended
12	12	by adding Section 106.17 to read as follows:
13	13	Sec. 106.17. PRESENCE OF MINOR ON PERMITTED OR LICENSED
14	14	PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) A minor may
15	15	not be on premises covered by a permit or license issued under this
16	16	code if a sexually oriented business, as defined by Section
17	17	243.002, Local Government Code, operates on the premises.
18	18	(b) The holder of a permit or license covering a premises
19	19	described by Subsection (a) may not knowingly or recklessly allow a
20	20	minor to be on the premises.
21	21	(c) Notwithstanding any other provision of this code, if it
22	22	is found, after notice and hearing, that a permittee or licensee has
23	23	violated Subsection (b) the commission or administrator shall:
24	24	(1) suspend the permit or license for 30 days for the
25	25	first violation;
26	26	(2) suspend the permit or license for 60 days for the
27	27	second violation; and
28	28	(3) cancel the permit or license for the third
29	29	violation.
30	30	SECTION 2. Subchapter A, Chapter 102, Business & Commerce
31	31	Code, is amended by adding Section 102.0031 to read as follows:
32	32	Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY
33	33	BUSINESS IN RELATION TO A CHILD. A sexually oriented business may
34	34	not allow an individual younger than 21 years of age to enter the
35	35	premises of the business.
36	36	SECTION 3. Section 102.004(a), Business & Commerce Code, is
37	37	amended to read as follows:
38	38	(a) The attorney general or appropriate district or county
39	39	attorney, in the name of the state, may bring an action for an
40	40	injunction or other process against a person who violates or
41	41	threatens to violate Section 102.002, [or] 102.003, or 102.0031.
42	42	SECTION 4. Section 102.005(b), Business & Commerce Code, is
43	43	amended to read as follows:
44	44	(b) A sexually oriented business commits an offense if the
45	45	business violates Section 102.003 or 102.0031.
46	46	SECTION 5. Section 125.0015(a), Civil Practice and Remedies
47	47	Code, is amended to read as follows:
48	48	(a) A person who maintains a place to which persons
49	49	habitually go for the following purposes and who knowingly
50	50	tolerates the activity and furthermore fails to make reasonable
51	51	attempts to abate the activity maintains a common nuisance:
52	52	(1) discharge of a firearm in a public place as
53	53	prohibited by the Penal Code;
54	54	(2) reckless discharge of a firearm as prohibited by
55	55	the Penal Code;
56	56	(3) engaging in organized criminal activity as a
57	57	member of a combination as prohibited by the Penal Code;
58	58	(4) delivery, possession, manufacture, or use of a
59	59	substance or other item in violation of Chapter 481, Health and
60	60	Safety Code;
61	61	(5) gambling, gambling promotion, or communicating
62	62	gambling information as prohibited by the Penal Code;
63	63	(6) prostitution, promotion of prostitution, or
64	64	aggravated promotion of prostitution as prohibited by the Penal
65	65	Code;
66	66	(7) compelling prostitution as prohibited by the Penal
67	67	Code;
68	68	(8) commercial manufacture, commercial distribution,
69	69	or commercial exhibition of obscene material as prohibited by the
70	70	Penal Code;
71	71	(9) aggravated assault as described by Section 22.02,
72	72	Penal Code;
73	73	(10) sexual assault as described by Section 22.011,
74	74	Penal Code;
75	75	(11) aggravated sexual assault as described by Section
76	76	22.021, Penal Code;
77	77	(12) robbery as described by Section 29.02, Penal
78	78	Code;
79	79	(13) aggravated robbery as described by Section 29.03,
80	80	Penal Code;
81	81	(14) unlawfully carrying a weapon as described by
82	82	Section 46.02, Penal Code;
83	83	(15) murder as described by Section 19.02, Penal Code;
84	84	(16) capital murder as described by Section 19.03,
85	85	Penal Code;
86	86	(17) continuous sexual abuse of young child or
87	87	children as described by Section 21.02, Penal Code;
88	88	(18) massage therapy or other massage services in
89	89	violation of Chapter 455, Occupations Code;
90	90	(19) employing an individual younger than 21 years of
91	91	age [a minor] at a sexually oriented business as defined by Section
92	92	243.002, Local Government Code;
93	93	(20) trafficking of persons as described by Section
94	94	20A.02, Penal Code;
95	95	(21) sexual conduct or performance by a child as
96	96	described by Section 43.25, Penal Code;
97	97	(22) employment harmful to a child as described by
98	98	Section 43.251, Penal Code;
99	99	(23) criminal trespass as described by Section 30.05,
100	100	Penal Code;
101	101	(24) disorderly conduct as described by Section 42.01,
102	102	Penal Code;
103	103	(25) arson as described by Section 28.02, Penal Code;
104	104	(26) criminal mischief as described by Section 28.03,
105	105	Penal Code, that causes a pecuniary loss of $500 or more; [or]
106	106	(27) a graffiti offense in violation of Section 28.08,
107	107	Penal Code; or
108	108	(28) permitting an individual younger than 21 years of
109	109	age to remain on the premises of a sexually oriented business as
110	110	defined by Section 243.002, Local Government Code.
111	111	SECTION 6. Sections 51.016(b), (h), and (i), Labor Code,
112	112	are amended to read as follows:
113	113	(b) A sexually oriented business may not employ an
114	114	individual younger than 21 [18] years of age.
115	115	(h) The commission, the attorney general, or a local law
116	116	enforcement agency may inspect a record maintained under this
117	117	section if there is good reason to believe that an individual
118	118	younger than 21 [18] years of age is employed or has been employed
119	119	by the sexually oriented business within the two years preceding
120	120	the date of the inspection.
121	121	(i) A person commits an offense if the person:
122	122	(1) fails to maintain a record as required by this
123	123	section; [or]
124	124	(2) knowingly or intentionally hinders an inspection
125	125	authorized under Subsection (h); or
126	126	(3) violates Subsection (b).
127	127	SECTION 7. Section 51.031(b), Labor Code, is amended to
128	128	read as follows:
129	129	(b) An offense under Section 51.014(d), [or] Section
130	130	51.0145, or 51.016(i)(3) is a Class A misdemeanor.
131	131	SECTION 8. Section 43.251(a)(1), Penal Code, is amended to
132	132	read as follows:
133	133	(1) "Child" means a person younger than 21 [18] years
134	134	of age.
135	135	SECTION 9. The changes in law made by this Act apply only to
136	136	an offense committed on or after the effective date of this Act. An
137	137	offense committed before the effective date of this Act is governed
138	138	by the law in effect on the date the offense was committed, and the
139	139	former law is continued in effect for that purpose. For purposes of
140	140	this section, an offense was committed before the effective date of
141	141	this Act if any element of the offense was committed before that
142	142	date.
143	143	SECTION 10. This Act takes effect immediately if it
144	144	receives a vote of two-thirds of all the members elected to each
145	145	house, as provided by Section 39, Article III, Texas Constitution.
146	146	If this Act does not receive the vote necessary for immediate
147	147	effect, this Act takes effect September 1, 2019.