Texas 2021 - 87th Regular

Texas Senate Bill SB766 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 766
	1	+	By: Huffman, et al. S.B. No. 766
	2	+	(Leach, Thompson of Harris, Hunter)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to sexually oriented businesses, including a requirement
6	8		to participate in the federal electronic verification of employment
7	9		authorization program, or E-verify, and restricting the age of
8	10		persons employed by or allowed on the premises; creating criminal
9	11		offenses.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 51.016, Labor Code, is amended by
12	14		amending Subsections (a), (b), (c), (d), (e), (h), and (i) and
13	15		adding Subsection (j) to read as follows:
14	16		(a) In this section:
15	17		(1) "E-verify program" has the meaning assigned by
16	18		Section 673.001, Government Code.
17	19		(2) "Sexually[, "sexually] oriented business" has the
18	20		meaning assigned by Section 243.002, Local Government Code.
19	21		(b) A sexually oriented business may not employ or enter
20	22		into a contract, other than a contract described by Subsection (g),
21	23		for the performance of work or the provision of a service with an
22	24		individual younger than 21 [18] years of age.
23	25		(c) A sexually oriented business shall:
24	26		(1) maintain at the business a record that contains a
25	27		copy of a valid proof of identification of each employee and [or]
26	28		independent contractor working at the premises of the business; and
27	29		(2) register and participate in the E-verify program
28	30		to verify information of all employees and independent contractors.
29	31		(d) A proof of identification satisfies the requirements of
30	32		Subsection (c)(1) [(c)] if the identification:
31	33		(1) contains a physical description and photograph
32	34		consistent with the person's appearance;
33	35		(2) contains the date of birth of the person; and
34	36		(3) was issued by a government agency.
35	37		(e) The form of identification under Subsection (c)(1)
36	38		[(c)] may include:
37	39		(1) a driver's license issued by this state or another
38	40		state;
39	41		(2) a passport; or
40	42		(3) an identification card issued by this or another
41	43		state or the federal government.
42	44		(h) The commission, the attorney general, or a [local] law
43	45		enforcement agency may inspect a record maintained under this
44	46		section and request proof of E-verify program information
45	47		verification if there is good reason to believe that an individual
46	48		younger than 21 [18] years of age is employed or has been employed
47	49		by, or has entered into a contract, other than a contract described
48	50		by Subsection (g), for the performance of work or the provision of a
49	51		service with, the sexually oriented business within the five [two]
50	52		years preceding the date of the inspection.
51	53		(i) A person commits an offense if the person:
52	54		(1) fails to maintain a record as required by this
53	55		section; [or]
54	56		(2) knowingly or intentionally hinders an inspection
55	57		authorized under Subsection (h); or
56	58		(3) violates Subsection (b).
57	59		(j) A person commits an offense if the person fails to
58	60		register and participate in the E-verify program as required by
59	61		Subsection (c)(2).
60	62		SECTION 2. Chapter 106, Alcoholic Beverage Code, is amended
61	63		by adding Section 106.17 to read as follows:
62		-	Sec. 106.17. PRESENCE ~~OR EMPLOYMENT~~ OF CERTAIN ~~PERSONS AT~~
63		-	~~PERMITTED OR~~ LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED
64		-	~~BUSINESS. (a) An~~ individual younger than 18 years of age may not be
65		-	~~on premises~~ covered by a permit or license issued under this code if
66		-	~~a sexually~~ oriented business, as defined by Section 243.002, Local
67		-	~~Government~~ Code, operates on the premises.
	64	+	Sec. 106.17. PRESENCE OF CERTAIN MINORS ON PERMITTED OR
	65	+	LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) An
	66	+	individual younger than 18 years of age may not be on premises
	67	+	covered by a permit or license issued under this code if a sexually
	68	+	oriented business, as defined by Section 243.002, Local Government
	69	+	Code, operates on the premises.
68	70		(b) The holder of a permit or license covering a premises
69		-	described by Subsection (a) may not:
70		-	(1) knowingly or recklessly allow an individual
71		-	younger than 18 years of age to be on the premises; or
72		-	(2) enter into a contract, other than a contract
73		-	described by Section 51.016(g), Labor Code, with an individual
74		-	younger than 21 years of age for the performance of work or the
75		-	provision of a service on the premises.
	71	+	described by Subsection (a) may not knowingly or recklessly allow
	72	+	an individual younger than 18 years of age to be on the premises.
76	73		(c) Notwithstanding any other provision of this code, if it
77	74		is found, after notice and hearing, that a permittee or licensee has
78	75		violated Subsection (b) the commission or administrator shall:
79	76		(1) suspend the permit or license for 30 days for the
80	77		first violation;
81	78		(2) suspend the permit or license for 60 days for the
82	79		second violation; and
83	80		(3) cancel the permit or license for the third
84	81		violation.
85	82		SECTION 3. Subchapter A, Chapter 102, Business & Commerce
86	83		Code, is amended by adding Section 102.0031 to read as follows:
87	84		Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY
88	85		BUSINESS IN RELATION TO A CHILD. A sexually oriented business may
89	86		not allow an individual younger than 18 years of age to enter the
90	87		premises of the business.
91	88		SECTION 4. Section 102.004(a), Business & Commerce Code, is
92	89		amended to read as follows:
93	90		(a) The attorney general or appropriate district or county
94	91		attorney, in the name of the state, may bring an action for an
95	92		injunction or other process against a person who violates or
96	93		threatens to violate Section 102.002, [or] 102.003, or 102.0031.
97	94		SECTION 5. Section 102.005(b), Business & Commerce Code, is
98	95		amended to read as follows:
99	96		(b) A sexually oriented business commits an offense if the
100	97		business violates Section 102.003 or 102.0031.
101	98		SECTION 6. Section 125.0015(a), Civil Practice and Remedies
102	99		Code, is amended to read as follows:
103	100		(a) A person who maintains a place to which persons
104	101		habitually go for the following purposes and who knowingly
105	102		tolerates the activity and furthermore fails to make reasonable
106	103		attempts to abate the activity maintains a common nuisance:
107	104		(1) discharge of a firearm in a public place as
108	105		prohibited by the Penal Code;
109	106		(2) reckless discharge of a firearm as prohibited by
110	107		the Penal Code;
111	108		(3) engaging in organized criminal activity as a
112	109		member of a combination as prohibited by the Penal Code;
113	110		(4) delivery, possession, manufacture, or use of a
114	111		substance or other item in violation of Chapter 481, Health and
115	112		Safety Code;
116	113		(5) gambling, gambling promotion, or communicating
117	114		gambling information as prohibited by the Penal Code;
118	115		(6) prostitution, promotion of prostitution, or
119	116		aggravated promotion of prostitution as prohibited by the Penal
120	117		Code;
121	118		(7) compelling prostitution as prohibited by the Penal
122	119		Code;
123	120		(8) commercial manufacture, commercial distribution,
124	121		or commercial exhibition of obscene material as prohibited by the
125	122		Penal Code;
126	123		(9) aggravated assault as described by Section 22.02,
127	124		Penal Code;
128	125		(10) sexual assault as described by Section 22.011,
129	126		Penal Code;
130	127		(11) aggravated sexual assault as described by Section
131	128		22.021, Penal Code;
132	129		(12) robbery as described by Section 29.02, Penal
133	130		Code;
134	131		(13) aggravated robbery as described by Section 29.03,
135	132		Penal Code;
136	133		(14) unlawfully carrying a weapon as described by
137	134		Section 46.02, Penal Code;
138	135		(15) murder as described by Section 19.02, Penal Code;
139	136		(16) capital murder as described by Section 19.03,
140	137		Penal Code;
141	138		(17) continuous sexual abuse of young child or
142	139		children as described by Section 21.02, Penal Code;
143	140		(18) massage therapy or other massage services in
144	141		violation of Chapter 455, Occupations Code;
145	142		(19) employing or entering into a contract for the
146	143		performance of work or the provision of a service with an individual
147	144		younger than 21 years of age for work or services performed [a
148	145		minor] at a sexually oriented business as defined by Section
149	146		243.002, Local Government Code;
150	147		(20) trafficking of persons as described by Section
151	148		20A.02, Penal Code;
152	149		(21) sexual conduct or performance by a child as
153	150		described by Section 43.25, Penal Code;
154	151		(22) employment harmful to a child as described by
155	152		Section 43.251, Penal Code;
156	153		(23) criminal trespass as described by Section 30.05,
157	154		Penal Code;
158	155		(24) disorderly conduct as described by Section 42.01,
159	156		Penal Code;
160	157		(25) arson as described by Section 28.02, Penal Code;
161	158		(26) criminal mischief as described by Section 28.03,
162	159		Penal Code, that causes a pecuniary loss of $500 or more; [or]
163	160		(27) a graffiti offense in violation of Section 28.08,
164	161		Penal Code; or
165	162		(28) permitting an individual younger than 18 years of
166	163		age to enter the premises of a sexually oriented business as defined
167	164		by Section 243.002, Local Government Code.
168	165		SECTION 7. Section 51.031(b), Labor Code, is amended to
169	166		read as follows:
170	167		(b) An offense under Section 51.014(d), [or Section]
171	168		51.0145, or 51.016(i)(3) is a Class A misdemeanor.
172	169		SECTION 8. Section 43.251(a)(1), Penal Code, is amended to
173	170		read as follows:
174	171		(1) "Child" means a person younger than 21 [18] years
175	172		of age.
176	173		SECTION 9. The changes in law made by this Act apply only to
177	174		an offense committed on or after the effective date of this Act. An
178	175		offense committed before the effective date of this Act is governed
179	176		by the law in effect on the date the offense was committed, and the
180	177		former law is continued in effect for that purpose. For purposes of
181	178		this section, an offense was committed before the effective date of
182	179		this Act if any element of the offense was committed before that
183	180		date.
184	181		SECTION 10. Section 51.016(c)(2), Labor Code, as added by
185	182		this Act, applies only to an employee of a sexually oriented
186	183		business who commences employment with the business on or after the
187	184		effective date of this Act.
188	185		SECTION 11. This Act takes effect September 1, 2021.
189		-	______________________________ ______________________________
190		-	President of the Senate Speaker of the House
191		-	I hereby certify that S.B. No. 766 passed the Senate on
192		-	April 20, 2021, by the following vote: Yeas 31, Nays 0;
193		-	May 27, 2021, Senate refused to concur in House amendments and
194		-	requested appointment of Conference Committee; May 28, 2021, House
195		-	granted request of the Senate; May 30, 2021, Senate adopted
196		-	Conference Committee Report by the following vote: Yeas 31,
197		-	Nays 0.
198		-	______________________________
199		-	Secretary of the Senate
200		-	I hereby certify that S.B. No. 766 passed the House, with
201		-	amendments, on May 25, 2021, by the following vote: Yeas 144,
202		-	Nays 0, one present not voting; May 28, 2021, House granted request
203		-	of the Senate for appointment of Conference Committee;
204		-	May 30, 2021, House adopted Conference Committee Report by the
205		-	following vote: Yeas 142, Nays 0, two present not voting.
206		-	______________________________
207		-	Chief Clerk of the House
208		-	Approved:
209		-	______________________________
210		-	Date
211		-	______________________________
212		-	Governor