By Davila H.B. No. 1120
75R4533 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the employment of minors on the premises of a sexually
1-3 oriented business; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 132, Revised Statutes, is amended by adding
1-6 Article 9031 to read as follows:
1-7 Art. 9031. SEXUALLY ORIENTED BUSINESSES
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Employee of a sexually oriented business" means a
1-10 person who, on the premises of a sexually oriented business, is
1-11 nude or is performing any part of the person's employment relating
1-12 to the operation of the sexually oriented business. The term
1-13 includes an independent contractor or other person not directly
1-14 employed by the owner or operator of a sexually oriented business.
1-15 The term does not include a person who:
1-16 (A) does not have a full-time or part-time job
1-17 that requires the person's regular presence on the premises of a
1-18 sexually oriented business; and
1-19 (B) does not appear nude on the premises.
1-20 (2) "Nude" means:
1-21 (A) entirely unclothed; or
1-22 (B) clothed in a manner that leaves uncovered or
1-23 visible through less than fully opaque clothing any portion of the
1-24 female breasts below the top of the areola or any portion of the
2-1 genitals or buttocks.
2-2 (3) "Sexually oriented business" has the meaning
2-3 assigned by Section 243.002, Local Government Code.
2-4 Sec. 2. AGE RESTRICTIONS. (a) A person younger than 21
2-5 years of age may not be an employee of a sexually oriented
2-6 business.
2-7 (b) A person who owns, operates, or employs persons to work
2-8 on the premises of a sexually oriented business may not, with
2-9 criminal negligence, employ a person younger than 21 years of age
2-10 to work on the premises of the business.
2-11 (c) A person commits an offense if the person violates this
2-12 section. An offense under this subsection is a Class A
2-13 misdemeanor.
2-14 SECTION 2. This Act takes effect September 1, 1997.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.