By: Huffman, Kolkhorst, Nelson	S.B. No. 766

	A BILL TO BE ENTITLED
	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 OF CERTAIN MINORS ON 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 knowingly or recklessly allow
	an individual younger than 18 years of age to be 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.