Texas 2019 - 86th Regular

Texas Senate Bill SB923 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Huffman, et al. S.B. No. 923
	1	+	By: Huffman S.B. No. 923
	2	+	(In the Senate - Filed February 20, 2019; March 1, 2019,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	March 18, 2019, reported favorably by the following vote: Yeas 8,
	5	+	Nays 0; March 18, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to restrictions on the age of persons employed by or
7	12		allowed on the premises of a sexually oriented business; creating a
8	13		criminal offense.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended
11	16		by adding Section 106.17 to read as follows:
12	17		Sec. 106.17. PRESENCE OF MINOR ON PERMITTED OR LICENSED
13	18		PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) An
14	19		individual younger than 18 years of age may not be on premises
15	20		covered by a permit or license issued under this code if a sexually
16	21		oriented business, as defined by Section 243.002, Local Government
17	22		Code, operates on the premises.
18	23		(b) The holder of a permit or license covering a premises
19	24		described by Subsection (a) may not knowingly or recklessly allow a
20	25		minor to be on the premises.
21	26		(c) Notwithstanding any other provision of this code, if it
22	27		is found, after notice and hearing, that a permittee or licensee has
23	28		violated Subsection (b) the commission or administrator shall:
24	29		(1) suspend the permit or license for 30 days for the
25	30		first violation;
26	31		(2) suspend the permit or license for 60 days for the
27	32		second violation; and
28	33		(3) cancel the permit or license for the third
29	34		violation.
30	35		SECTION 2. Subchapter A, Chapter 102, Business & Commerce
31	36		Code, is amended by adding Section 102.0031 to read as follows:
32	37		Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY
33	38		BUSINESS IN RELATION TO A CHILD. A sexually oriented business may
34	39		not allow an individual younger than 18 years of age to enter the
35	40		premises of the business.
36	41		SECTION 3. Section 102.004(a), Business & Commerce Code, is
37	42		amended to read as follows:
38	43		(a) The attorney general or appropriate district or county
39	44		attorney, in the name of the state, may bring an action for an
40	45		injunction or other process against a person who violates or
41	46		threatens to violate Section 102.002, [or] 102.003, or 102.0031.
42	47		SECTION 4. Section 102.005(b), Business & Commerce Code, is
43	48		amended to read as follows:
44	49		(b) A sexually oriented business commits an offense if the
45	50		business violates Section 102.003 or 102.0031.
46	51		SECTION 5. Section 125.0015(a), Civil Practice and Remedies
47	52		Code, is amended to read as follows:
48	53		(a) A person who maintains a place to which persons
49	54		habitually go for the following purposes and who knowingly
50	55		tolerates the activity and furthermore fails to make reasonable
51	56		attempts to abate the activity maintains a common nuisance:
52	57		(1) discharge of a firearm in a public place as
53	58		prohibited by the Penal Code;
54	59		(2) reckless discharge of a firearm as prohibited by
55	60		the Penal Code;
56	61		(3) engaging in organized criminal activity as a
57	62		member of a combination as prohibited by the Penal Code;
58	63		(4) delivery, possession, manufacture, or use of a
59	64		substance or other item in violation of Chapter 481, Health and
60	65		Safety Code;
61	66		(5) gambling, gambling promotion, or communicating
62	67		gambling information as prohibited by the Penal Code;
63	68		(6) prostitution, promotion of prostitution, or
64	69		aggravated promotion of prostitution as prohibited by the Penal
65	70		Code;
66	71		(7) compelling prostitution as prohibited by the Penal
67	72		Code;
68	73		(8) commercial manufacture, commercial distribution,
69	74		or commercial exhibition of obscene material as prohibited by the
70	75		Penal Code;
71	76		(9) aggravated assault as described by Section 22.02,
72	77		Penal Code;
73	78		(10) sexual assault as described by Section 22.011,
74	79		Penal Code;
75	80		(11) aggravated sexual assault as described by Section
76	81		22.021, Penal Code;
77	82		(12) robbery as described by Section 29.02, Penal
78	83		Code;
79	84		(13) aggravated robbery as described by Section 29.03,
80	85		Penal Code;
81	86		(14) unlawfully carrying a weapon as described by
82	87		Section 46.02, Penal Code;
83	88		(15) murder as described by Section 19.02, Penal Code;
84	89		(16) capital murder as described by Section 19.03,
85	90		Penal Code;
86	91		(17) continuous sexual abuse of young child or
87	92		children as described by Section 21.02, Penal Code;
88	93		(18) massage therapy or other massage services in
89	94		violation of Chapter 455, Occupations Code;
90	95		(19) employing or entering into a contract for the
91	96		performance of work or the provision of a service with an individual
92	97		younger than 21 years of age for work or services performed [a
93	98		minor] at a sexually oriented business as defined by Section
94	99		243.002, Local Government Code;
95	100		(20) trafficking of persons as described by Section
96	101		20A.02, Penal Code;
97	102		(21) sexual conduct or performance by a child as
98	103		described by Section 43.25, Penal Code;
99	104		(22) employment harmful to a child as described by
100	105		Section 43.251, Penal Code;
101	106		(23) criminal trespass as described by Section 30.05,
102	107		Penal Code;
103	108		(24) disorderly conduct as described by Section 42.01,
104	109		Penal Code;
105	110		(25) arson as described by Section 28.02, Penal Code;
106	111		(26) criminal mischief as described by Section 28.03,
107	112		Penal Code, that causes a pecuniary loss of $500 or more; [or]
108	113		(27) a graffiti offense in violation of Section 28.08,
109	114		Penal Code; or
110	115		(28) permitting an individual younger than 18 years of
111	116		age to enter the premises of a sexually oriented business as defined
112	117		by Section 243.002, Local Government Code.
113	118		SECTION 6. Sections 51.016(b), (h), and (i), Labor Code,
114	119		are amended to read as follows:
115	120		(b) A sexually oriented business may not employ or enter
116	121		into a contract, other than a contract described by Subsection (g),
117	122		for the performance of work or the provision of a service with an
118	123		individual younger than 21 [18] years of age.
119	124		(h) The commission, the attorney general, or a local law
120	125		enforcement agency may inspect a record maintained under this
121	126		section if there is good reason to believe that an individual
122	127		younger than 21 [18] years of age is employed or has been employed
123	128		by, or has entered into a contract, other than a contract described
124	129		by Subsection (g), for the performance of work or the provision of a
125	130		service with, the sexually oriented business within the two years
126	131		preceding the date of the inspection.
127	132		(i) A person commits an offense if the person:
128	133		(1) fails to maintain a record as required by this
129	134		section; [or]
130	135		(2) knowingly or intentionally hinders an inspection
131	136		authorized under Subsection (h); or
132	137		(3) violates Subsection (b).
133	138		SECTION 7. Section 51.031(b), Labor Code, is amended to
134	139		read as follows:
135	140		(b) An offense under Section 51.014(d), [or Section]
136	141		51.0145, or 51.016(i)(3) is a Class A misdemeanor.
137	142		SECTION 8. Section 43.251(a)(1), Penal Code, is amended to
138	143		read as follows:
139	144		(1) "Child" means a person younger than 21 [18] years
140	145		of age.
141	146		SECTION 9. The changes in law made by this Act apply only to
142	147		an offense committed on or after the effective date of this Act. An
143	148		offense committed before the effective date of this Act is governed
144	149		by the law in effect on the date the offense was committed, and the
145	150		former law is continued in effect for that purpose. For purposes of
146	151		this section, an offense was committed before the effective date of
147	152		this Act if any element of the offense was committed before that
148	153		date.
149	154		SECTION 10. This Act takes effect immediately if it
150	155		receives a vote of two-thirds of all the members elected to each
151	156		house, as provided by Section 39, Article III, Texas Constitution.
152	157		If this Act does not receive the vote necessary for immediate
153	158		effect, this Act takes effect September 1, 2019.
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