By:  Ellis                                             S.B. No. 287
       73R3067 GWK-D
                                 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" means the rubbing, kneading, tapping,
   1-12  compression, vibration, application of friction, or percussion of
   1-13  the human body or parts of it by hand or with an instrument or
   1-14  apparatus.
   1-15              (2) <(3)>  "Massage establishment" means a commercial
   1-16  activity the primary business of which is the rendering of massage.
   1-17  The term does not include the businesses of licensed physical
   1-18  therapists, licensed athletic trainers, licensed cosmetologists, or
   1-19  licensed barbers engaged in performing functions authorized by the
   1-20  license held.
   1-21              (3) <(4)>  "Nude" means a person <child> who is:
   1-22                    (A)  entirely unclothed; or
   1-23                    (B)  clothed in a manner that leaves uncovered or
   1-24  visible through less than fully opaque clothing any portion of the
    2-1  breasts below the top of the areola of the breasts, if the person
    2-2  <child> is female, or any portion of the genitals or buttocks.
    2-3              (4) <(5)>  "Sexually oriented commercial activity"
    2-4  means a massage establishment, nude studio, modeling studio, love
    2-5  parlor, or other similar commercial enterprise the primary business
    2-6  of which is the offering of a service that is intended to provide
    2-7  sexual stimulation or sexual gratification to the customer.
    2-8              (5) <(6)>  "Topless" means a female person <child>
    2-9  clothed in a manner that leaves uncovered or visible through less
   2-10  than fully opaque clothing any portion of her breasts below the top
   2-11  of the areola.
   2-12        (b)  A person commits an offense if the person employs,
   2-13  authorizes, or induces a person younger than 21 years of age
   2-14  <child> to work:
   2-15              (1)  in a sexually oriented commercial activity; or
   2-16              (2)  in any place of business permitting, requesting,
   2-17  or requiring a person <child> to work nude or topless.
   2-18        (c)  An offense under this section is a Class A misdemeanor.
   2-19        SECTION 2.  (a)  The change in law made by this Act applies
   2-20  only to an offense committed on or after the effective date of this
   2-21  Act.  For purposes of this section, an offense is committed before
   2-22  the effective date of this Act if any element of the offense is
   2-23  committed before the effective date.
   2-24        (b)  An offense committed before the effective date of this
   2-25  Act is covered by the law in effect when the offense is committed,
   2-26  and the former law is continued in effect for that purpose.
   2-27        SECTION 3.  This Act takes effect September 1, 1993.
    3-1        SECTION 4.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.