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.