By Hamric H.B. No. 272
75R366 PEP-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 [CHILDREN]. (a) In this section:
1-9 (1) ["Child" means a person younger than 18 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).
1-15 (2) [(3)] "Massage establishment" has the meaning
1-16 assigned by Section 1, Chapter 752, Acts of the 69th Legislature,
1-17 Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
1-18 Statutes).
1-19 (3) [(4)] "Nude" means a person [child] who is:
1-20 (A) entirely unclothed; or
1-21 (B) clothed in a manner that leaves uncovered or
1-22 visible through less than fully opaque clothing any portion of the
1-23 breasts below the top of the areola of the breasts, if the person
1-24 [child] is female, or any portion of the genitals or buttocks.
2-1 (4) [(5)] "Sexually oriented commercial activity"
2-2 means a massage establishment, nude studio, modeling studio, love
2-3 parlor, or other similar commercial enterprise the primary business
2-4 of which is the offering of a service that is intended to provide
2-5 sexual stimulation or sexual gratification to the customer.
2-6 (5) [(6)] "Topless" means a female person [child]
2-7 clothed in a manner that leaves uncovered or visible through less
2-8 than fully opaque clothing any portion of her breasts below the top
2-9 of the areola.
2-10 (b) A person commits an offense if the person employs,
2-11 authorizes, or induces a person younger than 21 years of age
2-12 [child] to work:
2-13 (1) in a sexually oriented commercial activity; or
2-14 (2) in any place of business permitting, requesting,
2-15 or requiring a person [child] to work nude or topless.
2-16 (c) A person commits an offense if the person:
2-17 (1) as an owner of the activity or place of business,
2-18 authorizes or employs another to work in a sexually oriented
2-19 commercial activity or in any place of business permitting,
2-20 requesting, or requiring a person to work nude or topless; and
2-21 (2) does not have physically present at the premises
2-22 while the other person is working a valid Texas driver's license or
2-23 an identification card issued by the Department of Public Safety
2-24 that contains a physical description consistent with the appearance
2-25 of the person who is working and that establishes that the person
2-26 who is working is legally able to be employed by the establishment
2-27 as described by this section.
3-1 (d) An offense under Subsection (b) is a Class A
3-2 misdemeanor.
3-3 (e) An offense under Subsection (c) is a Class C
3-4 misdemeanor.
3-5 [(c) An offense under this section is a Class A
3-6 misdemeanor.]
3-7 SECTION 2. (a) The change in law made by this Act applies
3-8 only to an offense committed on or after the effective date of this
3-9 Act. For purposes of this section, an offense is committed before
3-10 the effective date of this Act if any element of the offense is
3-11 committed before the effective date.
3-12 (b) An offense committed before the effective date of this
3-13 Act is covered by the law in effect when the offense is committed,
3-14 and the former law is continued in effect for that purpose.
3-15 SECTION 3. This Act takes effect September 1, 1997.
3-16 SECTION 4. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.