Bill Text: TX SB766 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: 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.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB766 Detail]
Download: Texas-2021-SB766-Enrolled.html
S.B. No. 766 |
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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[ |
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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 [ |
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(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 [ |
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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) [ |
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(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) | ||
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(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 [ |
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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 [ |
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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 [ |
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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; [ |
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(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, [ |
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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 [ |
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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; [ |
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(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), [ |
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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 [ |
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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 |