By Wilson H.B. No. 1442
76R6284 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to employment harmful to persons younger than 21 years of
1-3 age; providing a criminal penalty.
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 child is
1-24 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 [(6) "Topless" means a female child clothed in a
2-7 manner that leaves uncovered or visible through less than fully
2-8 opaque clothing any portion of her breasts below the top of the
2-9 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) An offense under this section is a Class A misdemeanor.
2-17 SECTION 2. Chapter 106, Alcoholic Beverage Code, is amended
2-18 by adding Section 106.15 to read as follows:
2-19 Sec. 106.15. EMPLOYMENT HARMFUL TO PERSONS YOUNGER THAN 21.
2-20 (a) The commission or administrator shall cancel a license or
2-21 permit issued under this code if the license or permit holder
2-22 employs, authorizes, or induces a person younger than 21 years of
2-23 age to work on the holder's premises:
2-24 (1) in a sexually oriented commercial activity; or
2-25 (2) in a place of business permitting, requesting, or
2-26 requiring a person to work nude.
2-27 (b) In this section, "nude" and "sexually oriented
3-1 commercial activity" have the meanings assigned by Section 43.251,
3-2 Penal Code.
3-3 SECTION 3. This Act takes effect September 1, 1999.
3-4 SECTION 4. The change in law made by this Act applies only
3-5 to an offense committed on or after the effective date of this Act.
3-6 An offense committed before the effective date of this Act is
3-7 covered by the law in effect when the offense was committed, and
3-8 the former law is continued in effect for that purpose. For the
3-9 purposes of this section, an offense was committed before the
3-10 effective date of this Act if any element of the offense occurred
3-11 before that date.
3-12 SECTION 5. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.