Texas 2019 - 86th Regular

Texas House Bill HB4319 Compare Versions

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

Old	New	Differences
1	1	86R10455 JAM-F
2	2	By: Hernandez H.B. No. 4319
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) An
15	15	individual younger than 18 years of age may not be on premises
16	16	covered by a permit or license issued under this code if a sexually
17	17	oriented business, as defined by Section 243.002, Local Government
18	18	Code, operates on the premises.
19	19	(b) The holder of a permit or license covering a premises
20	20	described by Subsection (a) may not knowingly or recklessly allow a
21	21	minor to be on the premises.
22	22	(c) Notwithstanding any other provision of this code, if it
23	23	is found, after notice and hearing, that a permittee or licensee has
24	24	violated Subsection (b) the commission or administrator shall:
25	25	(1) suspend the permit or license for 30 days for the
26	26	first violation;
27	27	(2) suspend the permit or license for 60 days for the
28	28	second violation; and
29	29	(3) cancel the permit or license for the third
30	30	violation.
31	31	SECTION 2. Subchapter A, Chapter 102, Business & Commerce
32	32	Code, is amended by adding Section 102.0031 to read as follows:
33	33	Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY
34	34	BUSINESS IN RELATION TO A CHILD. A sexually oriented business may
35	35	not allow an individual younger than 18 years of age to enter the
36	36	premises of the business.
37	37	SECTION 3. Section 102.004(a), Business & Commerce Code, is
38	38	amended to read as follows:
39	39	(a) The attorney general or appropriate district or county
40	40	attorney, in the name of the state, may bring an action for an
41	41	injunction or other process against a person who violates or
42	42	threatens to violate Section 102.002, [or] 102.003, or 102.0031.
43	43	SECTION 4. Section 102.005(b), Business & Commerce Code, is
44	44	amended to read as follows:
45	45	(b) A sexually oriented business commits an offense if the
46	46	business violates Section 102.003 or 102.0031.
47	47	SECTION 5. Section 125.0015(a), Civil Practice and Remedies
48	48	Code, is amended to read as follows:
49	49	(a) A person who maintains a place to which persons
50	50	habitually go for the following purposes and who knowingly
51	51	tolerates the activity and furthermore fails to make reasonable
52	52	attempts to abate the activity maintains a common nuisance:
53	53	(1) discharge of a firearm in a public place as
54	54	prohibited by the Penal Code;
55	55	(2) reckless discharge of a firearm as prohibited by
56	56	the Penal Code;
57	57	(3) engaging in organized criminal activity as a
58	58	member of a combination as prohibited by the Penal Code;
59	59	(4) delivery, possession, manufacture, or use of a
60	60	substance or other item in violation of Chapter 481, Health and
61	61	Safety Code;
62	62	(5) gambling, gambling promotion, or communicating
63	63	gambling information as prohibited by the Penal Code;
64	64	(6) prostitution, promotion of prostitution, or
65	65	aggravated promotion of prostitution as prohibited by the Penal
66	66	Code;
67	67	(7) compelling prostitution as prohibited by the Penal
68	68	Code;
69	69	(8) commercial manufacture, commercial distribution,
70	70	or commercial exhibition of obscene material as prohibited by the
71	71	Penal Code;
72	72	(9) aggravated assault as described by Section 22.02,
73	73	Penal Code;
74	74	(10) sexual assault as described by Section 22.011,
75	75	Penal Code;
76	76	(11) aggravated sexual assault as described by Section
77	77	22.021, Penal Code;
78	78	(12) robbery as described by Section 29.02, Penal
79	79	Code;
80	80	(13) aggravated robbery as described by Section 29.03,
81	81	Penal Code;
82	82	(14) unlawfully carrying a weapon as described by
83	83	Section 46.02, Penal Code;
84	84	(15) murder as described by Section 19.02, Penal Code;
85	85	(16) capital murder as described by Section 19.03,
86	86	Penal Code;
87	87	(17) continuous sexual abuse of young child or
88	88	children as described by Section 21.02, Penal Code;
89	89	(18) massage therapy or other massage services in
90	90	violation of Chapter 455, Occupations Code;
91	91	(19) employing or entering into a contract for the
92	92	performance of work or the provision of a service with an individual
93	93	younger than 21 years of age for work or services performed [a
94	94	minor] at a sexually oriented business as defined by Section
95	95	243.002, Local Government Code;
96	96	(20) trafficking of persons as described by Section
97	97	20A.02, Penal Code;
98	98	(21) sexual conduct or performance by a child as
99	99	described by Section 43.25, Penal Code;
100	100	(22) employment harmful to a child as described by
101	101	Section 43.251, Penal Code;
102	102	(23) criminal trespass as described by Section 30.05,
103	103	Penal Code;
104	104	(24) disorderly conduct as described by Section 42.01,
105	105	Penal Code;
106	106	(25) arson as described by Section 28.02, Penal Code;
107	107	(26) criminal mischief as described by Section 28.03,
108	108	Penal Code, that causes a pecuniary loss of $500 or more; [or]
109	109	(27) a graffiti offense in violation of Section 28.08,
110	110	Penal Code; or
111	111	(28) permitting an individual younger than 18 years of
112	112	age to enter the premises of a sexually oriented business as defined
113	113	by Section 243.002, Local Government Code.
114	114	SECTION 6. Sections 51.016(b), (h), and (i), Labor Code,
115	115	are amended to read as follows:
116	116	(b) A sexually oriented business may not employ or enter
117	117	into a contract, other than a contract described by Subsection (g),
118	118	for the performance of work or the provision of a service with an
119	119	individual younger than 21 [18] years of age.
120	120	(h) The commission, the attorney general, or a local law
121	121	enforcement agency may inspect a record maintained under this
122	122	section if there is good reason to believe that an individual
123	123	younger than 21 [18] years of age is employed or has been employed
124	124	by, or has entered into a contract, other than a contract described
125	125	by Subsection (g), for the performance of work or the provision of a
126	126	service with, the sexually oriented business within the two years
127	127	preceding the date of the inspection.
128	128	(i) A person commits an offense if the person:
129	129	(1) fails to maintain a record as required by this
130	130	section; [or]
131	131	(2) knowingly or intentionally hinders an inspection
132	132	authorized under Subsection (h); or
133	133	(3) violates Subsection (b).
134	134	SECTION 7. Section 51.031(b), Labor Code, is amended to
135	135	read as follows:
136	136	(b) An offense under Section 51.014(d), [or Section]
137	137	51.0145, or 51.016(i)(3) is a Class A misdemeanor.
138	138	SECTION 8. Section 43.251(a)(1), Penal Code, is amended to
139	139	read as follows:
140	140	(1) "Child" means a person younger than 21 [18] years
141	141	of age.
142	142	SECTION 9. The changes in law made by this Act apply only to
143	143	an offense committed on or after the effective date of this Act. An
144	144	offense committed before the effective date of this Act is governed
145	145	by the law in effect on the date the offense was committed, and the
146	146	former law is continued in effect for that purpose. For purposes of
147	147	this section, an offense was committed before the effective date of
148	148	this Act if any element of the offense was committed before that
149	149	date.
150	150	SECTION 10. This Act takes effect immediately if it
151	151	receives a vote of two-thirds of all the members elected to each
152	152	house, as provided by Section 39, Article III, Texas Constitution.
153	153	If this Act does not receive the vote necessary for immediate
154	154	effect, this Act takes effect September 1, 2019.