By Howard                                             H.B. No. 1794
         76R6186 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the offense of employment harmful to certain persons.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 43.251, Penal Code, is amended to read as
 1-5     follows:
 1-6           Sec. 43.251.  EMPLOYMENT HARMFUL TO MINORS [CHILDREN].  (a)
 1-7     In this section:
 1-8                 (1)  "Minor" has the meaning assigned by Section
 1-9     106.01, Alcoholic Beverage Code ["Child" means a person younger
1-10     than 18 years of 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                 (3)  "Massage establishment" has the meaning assigned
1-16     by Section 1, Chapter 752, Acts of the 69th Legislature, Regular
1-17     Session, 1985 (Article 4512k, Vernon's Texas Civil Statutes).
1-18                 (4)  "Nude" means a minor [child] who is:
1-19                       (A)  entirely unclothed; or
1-20                       (B)  clothed in a manner that leaves uncovered or
1-21     visible through less than fully opaque clothing any portion of the
1-22     breasts below the top of the areola of the breasts, if the minor
1-23     [child] is female, or any portion of the genitals or buttocks.
1-24                 (5)  "Sexually oriented commercial activity" means a
 2-1     massage establishment, nude studio, modeling studio, love parlor,
 2-2     or other similar commercial enterprise the primary business of
 2-3     which is the offering of a service that is intended to provide
 2-4     sexual stimulation or sexual gratification to the customer.
 2-5                 (6)  "Topless" means a female minor [child] clothed in
 2-6     a manner that leaves uncovered or visible through less than fully
 2-7     opaque clothing any portion of the minor's [her] breasts below the
 2-8     top of the areola.
 2-9           (b)  A person commits an offense if the person employs,
2-10     authorizes, or induces a minor [child] to work:
2-11                 (1)  in a sexually oriented commercial activity; or
2-12                 (2)  in any place of business permitting, requesting,
2-13     or requiring a minor [child] to work nude or topless.
2-14           (c)  An offense under this section is a Class A misdemeanor.
2-15           SECTION 2.  The change in law made by this Act applies only
2-16     to an offense committed on or after the effective date of this Act.
2-17     An offense committed before the effective date of this Act is
2-18     covered by the law in effect when the offense was committed, and
2-19     the former law is continued in effect for that purpose.  For
2-20     purposes of this section, an offense was committed before the
2-21     effective date of this Act if any element of the offense occurred
2-22     before that date.
2-23           SECTION 3.  This Act takes effect September 1, 1999.
2-24           SECTION 4.  The importance of this legislation and the
2-25     crowded condition of the calendars in both houses create an
2-26     emergency and an imperative public necessity that the
2-27     constitutional rule requiring bills to be read on three several
 3-1     days in each house be suspended, and this rule is hereby suspended.