Texas 2021 - 87th Regular

Texas Senate Bill SB315 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 315
	1	+	By: Huffman, et al. S.B. No. 315
	2	+	(Hunter, Thompson of Harris, Jetton, Thierry, Shaheen)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to restrictions on the age of persons employed by or
6	8		allowed on the premises of a sexually oriented business; creating a
7	9		criminal offense.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended
10	12		by adding Section 106.17 to read as follows:
11	13		Sec. 106.17. PRESENCE OF CERTAIN MINORS ON PERMITTED OR
12	14		LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) An
13	15		individual younger than 18 years of age may not be on premises
14	16		covered by a permit or license issued under this code if a sexually
15	17		oriented business, as defined by Section 243.002, Local Government
16	18		Code, operates on the premises.
17	19		(b) The holder of a permit or license covering a premises
18	20		described by Subsection (a) may not knowingly or recklessly allow
19	21		an individual younger than 18 years of age to be on the premises.
20	22		(c) Notwithstanding any other provision of this code, if it
21	23		is found, after notice and hearing, that a permittee or licensee has
22	24		violated Subsection (b) the commission or administrator shall:
23	25		(1) suspend the permit or license for 30 days for the
24	26		first violation;
25	27		(2) suspend the permit or license for 60 days for the
26	28		second violation; and
27	29		(3) cancel the permit or license for the third
28	30		violation.
29	31		SECTION 2. Subchapter A, Chapter 102, Business & Commerce
30	32		Code, is amended by adding Section 102.0031 to read as follows:
31	33		Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY
32	34		BUSINESS IN RELATION TO A CHILD. A sexually oriented business may
33	35		not allow an individual younger than 18 years of age to enter the
34	36		premises of the business.
35	37		SECTION 3. Section 102.004(a), Business & Commerce Code, is
36	38		amended to read as follows:
37	39		(a) The attorney general or appropriate district or county
38	40		attorney, in the name of the state, may bring an action for an
39	41		injunction or other process against a person who violates or
40	42		threatens to violate Section 102.002, [or] 102.003, or 102.0031.
41	43		SECTION 4. Section 102.005(b), Business & Commerce Code, is
42	44		amended to read as follows:
43	45		(b) A sexually oriented business commits an offense if the
44	46		business violates Section 102.003 or 102.0031.
45	47		SECTION 5. Section 125.0015(a), Civil Practice and Remedies
46	48		Code, is amended to read as follows:
47	49		(a) A person who maintains a place to which persons
48	50		habitually go for the following purposes and who knowingly
49	51		tolerates the activity and furthermore fails to make reasonable
50	52		attempts to abate the activity maintains a common nuisance:
51	53		(1) discharge of a firearm in a public place as
52	54		prohibited by the Penal Code;
53	55		(2) reckless discharge of a firearm as prohibited by
54	56		the Penal Code;
55	57		(3) engaging in organized criminal activity as a
56	58		member of a combination as prohibited by the Penal Code;
57	59		(4) delivery, possession, manufacture, or use of a
58	60		substance or other item in violation of Chapter 481, Health and
59	61		Safety Code;
60	62		(5) gambling, gambling promotion, or communicating
61	63		gambling information as prohibited by the Penal Code;
62	64		(6) prostitution, promotion of prostitution, or
63	65		aggravated promotion of prostitution as prohibited by the Penal
64	66		Code;
65	67		(7) compelling prostitution as prohibited by the Penal
66	68		Code;
67	69		(8) commercial manufacture, commercial distribution,
68	70		or commercial exhibition of obscene material as prohibited by the
69	71		Penal Code;
70	72		(9) aggravated assault as described by Section 22.02,
71	73		Penal Code;
72	74		(10) sexual assault as described by Section 22.011,
73	75		Penal Code;
74	76		(11) aggravated sexual assault as described by Section
75	77		22.021, Penal Code;
76	78		(12) robbery as described by Section 29.02, Penal
77	79		Code;
78	80		(13) aggravated robbery as described by Section 29.03,
79	81		Penal Code;
80	82		(14) unlawfully carrying a weapon as described by
81	83		Section 46.02, Penal Code;
82	84		(15) murder as described by Section 19.02, Penal Code;
83	85		(16) capital murder as described by Section 19.03,
84	86		Penal Code;
85	87		(17) continuous sexual abuse of young child or
86	88		children as described by Section 21.02, Penal Code;
87	89		(18) massage therapy or other massage services in
88	90		violation of Chapter 455, Occupations Code;
89	91		(19) employing or entering into a contract for the
90	92		performance of work or the provision of a service with an individual
91	93		younger than 21 years of age for work or services performed [a
92	94		minor] at a sexually oriented business as defined by Section
93	95		243.002, Local Government Code;
94	96		(20) trafficking of persons as described by Section
95	97		20A.02, Penal Code;
96	98		(21) sexual conduct or performance by a child as
97	99		described by Section 43.25, Penal Code;
98	100		(22) employment harmful to a child as described by
99	101		Section 43.251, Penal Code;
100	102		(23) criminal trespass as described by Section 30.05,
101	103		Penal Code;
102	104		(24) disorderly conduct as described by Section 42.01,
103	105		Penal Code;
104	106		(25) arson as described by Section 28.02, Penal Code;
105	107		(26) criminal mischief as described by Section 28.03,
106	108		Penal Code, that causes a pecuniary loss of $500 or more; [or]
107	109		(27) a graffiti offense in violation of Section 28.08,
108	110		Penal Code; or
109	111		(28) permitting an individual younger than 18 years of
110	112		age to enter the premises of a sexually oriented business as defined
111	113		by Section 243.002, Local Government Code.
112	114		SECTION 6. Sections 51.016(b), (h), and (i), Labor Code,
113	115		are amended to read as follows:
114	116		(b) A sexually oriented business may not employ or enter
115	117		into a contract, other than a contract described by Subsection (g),
116	118		for the performance of work or the provision of a service with an
117	119		individual younger than 21 [18] years of age.
118	120		(h) The commission, the attorney general, or a local law
119	121		enforcement agency may inspect a record maintained under this
120	122		section if there is good reason to believe that an individual
121	123		younger than 21 [18] years of age is employed or has been employed
122	124		by, or has entered into a contract, other than a contract described
123	125		by Subsection (g), for the performance of work or the provision of a
124	126		service with, the sexually oriented business within the two years
125	127		preceding the date of the inspection.
126	128		(i) A person commits an offense if the person:
127	129		(1) fails to maintain a record as required by this
128	130		section; [or]
129	131		(2) knowingly or intentionally hinders an inspection
130	132		authorized under Subsection (h); or
131	133		(3) violates Subsection (b).
132	134		SECTION 7. Section 51.031(b), Labor Code, is amended to
133	135		read as follows:
134	136		(b) An offense under Section 51.014(d), [or Section]
135	137		51.0145, or 51.016(i)(3) is a Class A misdemeanor.
136	138		SECTION 8. Section 43.251(a)(1), Penal Code, is amended to
137	139		read as follows:
138	140		(1) "Child" means a person younger than 21 [18] years
139	141		of age.
140	142		SECTION 9. The changes in law made by this Act apply only to
141	143		an offense committed on or after the effective date of this Act. An
142	144		offense committed before the effective date of this Act is governed
143	145		by the law in effect on the date the offense was committed, and the
144	146		former law is continued in effect for that purpose. For purposes of
145	147		this section, an offense was committed before the effective date of
146	148		this Act if any element of the offense was committed before that
147	149		date.
148	150		SECTION 10. This Act takes effect immediately if it
149	151		receives a vote of two-thirds of all the members elected to each
150	152		house, as provided by Section 39, Article III, Texas Constitution.
151	153		If this Act does not receive the vote necessary for immediate
152	154		effect, this Act takes effect September 1, 2021.
153		-	______________________________ ______________________________
154		-	President of the Senate Speaker of the House
155		-	I hereby certify that S.B. No. 315 passed the Senate on
156		-	April 29, 2021, by the following vote: Yeas 31, Nays 0.
157		-	______________________________
158		-	Secretary of the Senate
159		-	I hereby certify that S.B. No. 315 passed the House on
160		-	May 6, 2021, by the following vote: Yeas 142, Nays 0, two present
161		-	not voting.
162		-	______________________________
163		-	Chief Clerk of the House
164		-	Approved:
165		-	______________________________
166		-	Date
167		-	______________________________
168		-	Governor