S.B. No. 766
AN ACT
relating to sexually oriented businesses, including a requirement
to participate in the federal electronic verification of employment
authorization program, or E-verify, and restricting the age of
persons employed by or allowed on the premises; creating criminal
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.016, Labor Code, is amended by
amending Subsections (a), (b), (c), (d), (e), (h), and (i) and
adding Subsection (j) to read as follows:
(a) In this section:
(1) "E-verify program" has the meaning assigned by
Section 673.001, Government Code.
(2) "Sexually[, "sexually] oriented business" has the
meaning assigned by Section 243.002, Local Government Code.
(b) A sexually oriented business may not employ or enter
into a contract, other than a contract described by Subsection (g),
for the performance of work or the provision of a service with an
individual younger than 21 [18] years of age.
(c) A sexually oriented business shall:
(1) maintain at the business a record that contains a
copy of a valid proof of identification of each employee and [or]
independent contractor working at the premises of the business; and
(2) register and participate in the E-verify program
to verify information of all employees and independent contractors.
(d) A proof of identification satisfies the requirements of
Subsection (c)(1) [(c)] if the identification:
(1) contains a physical description and photograph
consistent with the person's appearance;
(2) contains the date of birth of the person; and
(3) was issued by a government agency.
(e) The form of identification under Subsection (c)(1)
[(c)] may include:
(1) a driver's license issued by this state or another
state;
(2) a passport; or
(3) an identification card issued by this or another
state or the federal government.
(h) The commission, the attorney general, or a [local] law
enforcement agency may inspect a record maintained under this
section and request proof of E-verify program information
verification if there is good reason to believe that an individual
younger than 21 [18] years of age is employed or has been employed
by, or has entered into a contract, other than a contract described
by Subsection (g), for the performance of work or the provision of a
service with, the sexually oriented business within the five [two]
years preceding the date of the inspection.
(i) A person commits an offense if the person:
(1) fails to maintain a record as required by this
section; [or]
(2) knowingly or intentionally hinders an inspection
authorized under Subsection (h); or
(3) violates Subsection (b).
(j) A person commits an offense if the person fails to
register and participate in the E-verify program as required by
Subsection (c)(2).
SECTION 2. Chapter 106, Alcoholic Beverage Code, is amended
by adding Section 106.17 to read as follows:
Sec. 106.17. PRESENCE OR EMPLOYMENT OF CERTAIN PERSONS AT
PERMITTED OR LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED
BUSINESS. (a) An individual younger than 18 years of age may not be
on premises covered by a permit or license issued under this code if
a sexually oriented business, as defined by Section 243.002, Local
Government Code, operates on the premises.
(b) The holder of a permit or license covering a premises
described by Subsection (a) may not:
(1) knowingly or recklessly allow an individual
younger than 18 years of age to be on the premises; or
(2) enter into a contract, other than a contract
described by Section 51.016(g), Labor Code, with an individual
younger than 21 years of age for the performance of work or the
provision of a service on the premises.
(c) Notwithstanding any other provision of this code, if it
is found, after notice and hearing, that a permittee or licensee has
violated Subsection (b) the commission or administrator shall:
(1) suspend the permit or license for 30 days for the
first violation;
(2) suspend the permit or license for 60 days for the
second violation; and
(3) cancel the permit or license for the third
violation.
SECTION 3. Subchapter A, Chapter 102, Business & Commerce
Code, is amended by adding Section 102.0031 to read as follows:
Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY
BUSINESS IN RELATION TO A CHILD. A sexually oriented business may
not allow an individual younger than 18 years of age to enter the
premises of the business.
SECTION 4. Section 102.004(a), Business & Commerce Code, is
amended to read as follows:
(a) The attorney general or appropriate district or county
attorney, in the name of the state, may bring an action for an
injunction or other process against a person who violates or
threatens to violate Section 102.002, [or] 102.003, or 102.0031.
SECTION 5. Section 102.005(b), Business & Commerce Code, is
amended to read as follows:
(b) A sexually oriented business commits an offense if the
business violates Section 102.003 or 102.0031.
SECTION 6. Section 125.0015(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
substance or other item in violation of Chapter 481, Health and
Safety Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution, promotion of prostitution, or
aggravated promotion of prostitution as prohibited by the Penal
Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code;
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code;
(18) massage therapy or other massage services in
violation of Chapter 455, Occupations Code;
(19) employing or entering into a contract for the
performance of work or the provision of a service with an individual
younger than 21 years of age for work or services performed [a
minor] at a sexually oriented business as defined by Section
243.002, Local Government Code;
(20) trafficking of persons as described by Section
20A.02, Penal Code;
(21) sexual conduct or performance by a child as
described by Section 43.25, Penal Code;
(22) employment harmful to a child as described by
Section 43.251, Penal Code;
(23) criminal trespass as described by Section 30.05,
Penal Code;
(24) disorderly conduct as described by Section 42.01,
Penal Code;
(25) arson as described by Section 28.02, Penal Code;
(26) criminal mischief as described by Section 28.03,
Penal Code, that causes a pecuniary loss of $500 or more; [or]
(27) a graffiti offense in violation of Section 28.08,
Penal Code; or
(28) permitting an individual younger than 18 years of
age to enter the premises of a sexually oriented business as defined
by Section 243.002, Local Government Code.
SECTION 7. Section 51.031(b), Labor Code, is amended to
read as follows:
(b) An offense under Section 51.014(d), [or Section]
51.0145, or 51.016(i)(3) is a Class A misdemeanor.
SECTION 8. Section 43.251(a)(1), Penal Code, is amended to
read as follows:
(1) "Child" means a person younger than 21 [18] years
of age.
SECTION 9. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 10. Section 51.016(c)(2), Labor Code, as added by
this Act, applies only to an employee of a sexually oriented
business who commences employment with the business on or after the
effective date of this Act.
SECTION 11. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 766 passed the Senate on
April 20, 2021, by the following vote: Yeas 31, Nays 0;
May 27, 2021, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 28, 2021, House
granted request of the Senate; May 30, 2021, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 766 passed the House, with
amendments, on May 25, 2021, by the following vote: Yeas 144,
Nays 0, one present not voting; May 28, 2021, House granted request
of the Senate for appointment of Conference Committee;
May 30, 2021, House adopted Conference Committee Report by the
following vote: Yeas 142, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor