By:  Jones                                            H.B. No. 1323
       73R892 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of the offense of authorizing or employing
    1-3  persons without identification to work in certain sexually oriented
    1-4  businesses.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter B, Chapter 43, Penal Code, is amended
    1-7  by adding Section 43.252 to read as follows:
    1-8        Sec. 43.252.  EMPLOYMENT OF PERSONS WITHOUT IDENTIFICATION IN
    1-9  CERTAIN SEXUALLY ORIENTED BUSINESSES.  (a)  In this section:
   1-10              (1)  "Nude" means a person who is:
   1-11                    (A)  entirely unclothed; or
   1-12                    (B)  clothed in a manner that leaves uncovered or
   1-13  visible through less than fully opaque clothing any portion of the
   1-14  breasts below the top of the areola of the breasts, if the person
   1-15  is female, or any portion of the genitals or buttocks.
   1-16              (2)  "Sexually oriented commercial activity" has the
   1-17  meaning assigned by Section 43.251 of this code.
   1-18              (3)  "Topless" means a female clothed in a manner that
   1-19  leaves uncovered or visible through less than fully opaque clothing
   1-20  any portion of her breasts below the top of the areola.
   1-21        (b)  A person commits an offense if the person:
   1-22              (1)  authorizes or employs another to work in a
   1-23  sexually oriented commercial activity or in any place of business
   1-24  permitting, requesting, or requiring a person to work nude or
    2-1  topless; and
    2-2              (2)  does not have physically present at the premises
    2-3  while the other person is working a valid Texas driver's license or
    2-4  an identification card issued by the Department of Public Safety
    2-5  that contains a physical description consistent with the appearance
    2-6  of the person who is working and that establishes that the person
    2-7  who is working is 18 years of age or older.
    2-8        (c)  An offense under this section is a Class C misdemeanor.
    2-9        SECTION 2.  This Act takes effect September 1, 1993.
   2-10        SECTION 3.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency   and   an   imperative   public   necessity   that   the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended.