By Schechter, et al. H.B. No. 549
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of employment harmful to a person younger
1-3 than 21 years of age.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.251, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 43.251. Employment Harmful to PERSONS YOUNGER THAN 21
1-8 <Minors>. (a) In this section:
1-9 (1) <"Child" means a person younger than 17 years of
1-10 age.>
1-11 <(2)> "Massage" has the meaning assigned to the term
1-12 "massage therapy" by Section 1, Chapter 752, Acts of the 69th
1-13 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
1-14 Civil Statutes) <means the rubbing, kneading, tapping, compression,
1-15 vibration, application of friction, or percussion of the human body
1-16 or parts of it by hand or with an instrument or apparatus>.
1-17 (2) <(3)> "Massage establishment" has the meaning
1-18 assigned by Section 1, Chapter 752, Acts of the 69th Legislature,
1-19 Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
1-20 Statutes) <means a commercial activity the primary business of
1-21 which is the rendering of massage. The term does not include the
1-22 businesses of licensed physical therapists, licensed athletic
1-23 trainers, licensed cosmetologists, or licensed barbers engaged in
1-24 performing functions authorized by the license held>.
2-1 (3) <(4)> "Nude" means a person <child> who is:
2-2 (A) entirely unclothed; or
2-3 (B) clothed in a manner that leaves uncovered or
2-4 visible through less than fully opaque clothing any portion of the
2-5 breasts below the top of the areola of the breasts, if the person
2-6 <child> is female, or any portion of the genitals or buttocks.
2-7 (4) <(5)> "Sexually oriented commercial activity"
2-8 means a massage establishment, nude studio, modeling studio, love
2-9 parlor, or other similar commercial enterprise the primary business
2-10 of which is the offering of a service that is intended to provide
2-11 sexual stimulation or sexual gratification to the customer.
2-12 (5) <(6)> "Topless" means a female person <child>
2-13 clothed in a manner that leaves uncovered or visible through less
2-14 than fully opaque clothing any portion of her breasts below the top
2-15 of the areola.
2-16 (b) A person commits an offense if the person employs,
2-17 authorizes, or induces a person younger than 21 years of age
2-18 <child> to work:
2-19 (1) in a sexually oriented commercial activity; or
2-20 (2) in any place of business permitting, requesting,
2-21 or requiring a person <child> to work nude or topless.
2-22 (c) A person commits an offense if the person:
2-23 (1) as an owner of the activity or place of business,
2-24 authorizes or employs another to work in a sexually oriented
2-25 commercial activity or in any place of business permitting,
2-26 requesting, or requiring a person to work nude or topless; and
2-27 (2) does not have physically present at the premises
3-1 while the other person is working a valid Texas driver's license or
3-2 an identification card issued by the Department of Public Safety
3-3 that contains a physical description consistent with the appearance
3-4 of the person who is working and that establishes that the person
3-5 who is working is legally able to be employed by the establishment
3-6 as described by this section.
3-7 (d) An offense under Subsection (b) is a Class A
3-8 misdemeanor.
3-9 (e) An offense under Subsection (c) is a Class C
3-10 misdemeanor.
3-11 <(c) An offense under this section is a Class A
3-12 misdemeanor.>
3-13 SECTION 2. (a) The change in law made by this Act applies
3-14 only to an offense committed on or after the effective date of this
3-15 Act. For purposes of this section, an offense is committed before
3-16 the effective date of this Act if any element of the offense is
3-17 committed before the effective date.
3-18 (b) An offense committed before the effective date of this
3-19 Act is covered by the law in effect when the offense is committed,
3-20 and the former law is continued in effect for that purpose.
3-21 SECTION 3. This Act takes effect September 1, 1993.
3-22 SECTION 4. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.