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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the age of persons employed by or |
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allowed on the premises of a sexually oriented business; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Standardizing |
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Minimum Age Requirements in Texas (SMART) Act. |
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SECTION 2. Chapter 106, Alcoholic Beverage Code, is amended |
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by adding Section 106.17 to read as follows: |
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Sec. 106.17. PRESENCE OF CERTAIN MINORS ON PERMITTED OR |
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LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) An |
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individual younger than 18 years of age may not be on premises |
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covered by a permit or license issued under this code if a sexually |
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oriented business, as defined by Section 243.002, Local Government |
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Code, operates on the premises. |
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(b) The holder of a permit or license covering a premises |
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described by Subsection (a) may not knowingly or recklessly allow |
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an individual younger than 18 years of age to be on the premises. |
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(c) Notwithstanding any other provision of this code, if it |
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is found, after notice and hearing, that a permittee or licensee has |
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violated Subsection (b) the commission or administrator shall: |
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(1) suspend the permit or license for 30 days for the |
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first violation; |
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(2) suspend the permit or license for 60 days for the |
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second violation; and |
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(3) cancel the permit or license for the third |
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violation. |
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SECTION 3. Subchapter A, Chapter 102, Business & Commerce |
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Code, is amended by adding Section 102.0031 to read as follows: |
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Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY |
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BUSINESS IN RELATION TO A CHILD. A sexually oriented business may |
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not allow an individual younger than 18 years of age to enter the |
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premises of the business. |
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SECTION 4. Section 102.004(a), Business & Commerce Code, is |
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amended to read as follows: |
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(a) The attorney general or appropriate district or county |
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attorney, in the name of the state, may bring an action for an |
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injunction or other process against a person who violates or |
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threatens to violate Section 102.002, [or] 102.003, or 102.0031. |
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SECTION 5. Section 102.005(b), Business & Commerce Code, is |
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amended to read as follows: |
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(b) A sexually oriented business commits an offense if the |
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business violates Section 102.003 or 102.0031. |
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SECTION 6. Section 125.0015(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person who maintains a place to which persons |
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habitually go for the following purposes and who knowingly |
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tolerates the activity and furthermore fails to make reasonable |
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attempts to abate the activity maintains a common nuisance: |
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(1) discharge of a firearm in a public place as |
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prohibited by the Penal Code; |
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(2) reckless discharge of a firearm as prohibited by |
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the Penal Code; |
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(3) engaging in organized criminal activity as a |
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member of a combination as prohibited by the Penal Code; |
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(4) delivery, possession, manufacture, or use of a |
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substance or other item in violation of Chapter 481, Health and |
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Safety Code; |
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(5) gambling, gambling promotion, or communicating |
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gambling information as prohibited by the Penal Code; |
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(6) prostitution, promotion of prostitution, or |
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aggravated promotion of prostitution as prohibited by the Penal |
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Code; |
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(7) compelling prostitution as prohibited by the Penal |
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Code; |
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(8) commercial manufacture, commercial distribution, |
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or commercial exhibition of obscene material as prohibited by the |
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Penal Code; |
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(9) aggravated assault as described by Section 22.02, |
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Penal Code; |
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(10) sexual assault as described by Section 22.011, |
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Penal Code; |
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(11) aggravated sexual assault as described by Section |
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22.021, Penal Code; |
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(12) robbery as described by Section 29.02, Penal |
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Code; |
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(13) aggravated robbery as described by Section 29.03, |
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Penal Code; |
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(14) unlawfully carrying a weapon as described by |
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Section 46.02, Penal Code; |
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(15) murder as described by Section 19.02, Penal Code; |
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(16) capital murder as described by Section 19.03, |
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Penal Code; |
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(17) continuous sexual abuse of young child or |
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children as described by Section 21.02, Penal Code; |
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(18) massage therapy or other massage services in |
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violation of Chapter 455, Occupations Code; |
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(19) employing or entering into a contract for the |
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performance of work or the provision of a service with an individual |
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younger than 21 years of age for work or services performed [a |
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minor] at a sexually oriented business as defined by Section |
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243.002, Local Government Code; |
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(20) trafficking of persons as described by Section |
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20A.02, Penal Code; |
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(21) sexual conduct or performance by a child as |
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described by Section 43.25, Penal Code; |
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(22) employment harmful to a child as described by |
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Section 43.251, Penal Code; |
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(23) criminal trespass as described by Section 30.05, |
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Penal Code; |
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(24) disorderly conduct as described by Section 42.01, |
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Penal Code; |
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(25) arson as described by Section 28.02, Penal Code; |
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(26) criminal mischief as described by Section 28.03, |
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Penal Code, that causes a pecuniary loss of $500 or more; [or] |
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(27) a graffiti offense in violation of Section 28.08, |
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Penal Code; or |
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(28) permitting an individual younger than 18 years of |
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age to enter the premises of a sexually oriented business as defined |
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by Section 243.002, Local Government Code. |
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SECTION 7. Sections 51.016(b), (h), and (i), Labor Code, |
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are amended to read as follows: |
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(b) A sexually oriented business may not employ or enter |
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into a contract, other than a contract described by Subsection (g), |
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for the performance of work or the provision of a service with an |
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individual younger than 21 [18] years of age. |
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(h) The commission, the attorney general, or a local law |
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enforcement agency may inspect a record maintained under this |
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section if there is good reason to believe that an individual |
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younger than 21 [18] years of age is employed or has been employed |
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by, or has entered into a contract, other than a contract described |
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by Subsection (g), for the performance of work or the provision of a |
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service with, the sexually oriented business within the two years |
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preceding the date of the inspection. |
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(i) A person commits an offense if the person: |
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(1) fails to maintain a record as required by this |
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section; [or] |
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(2) knowingly or intentionally hinders an inspection |
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authorized under Subsection (h); or |
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(3) violates Subsection (b). |
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SECTION 8. Section 51.031(b), Labor Code, is amended to |
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read as follows: |
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(b) An offense under Section 51.014(d), [or Section] |
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51.0145, or 51.016(i)(3) is a Class A misdemeanor. |
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SECTION 9. Section 43.251(a)(1), Penal Code, is amended to |
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read as follows: |
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(1) "Child" means a person younger than 21 [18] years |
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of age. |
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SECTION 10. The changes in law made by this Act apply only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2021. |