87R2995 JAM-F     By: Hunter, Jetton, Thierry, Shaheen H.B. No. 3520       A BILL TO BE ENTITLED   AN ACT   relating to restrictions on the age of persons employed by or   allowed on the premises of a sexually oriented business; creating a   criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 106, Alcoholic Beverage Code, is amended   by adding Section 106.17 to read as follows:          Sec. 106.17.  PRESENCE OF CERTAIN MINORS ON PERMITTED OR   LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) An   individual younger than 18 years of age may not be on premises   covered by a permit or license issued under this code if a sexually   oriented business, as defined by Section 243.002, Local Government   Code, operates on the premises.          (b)  The holder of a permit or license covering a premises   described by Subsection (a) may not knowingly or recklessly allow   an individual younger than 18 years of age to be on the premises.          (c)  Notwithstanding any other provision of this code, if it   is found, after notice and hearing, that a permittee or licensee has   violated Subsection (b) the commission or administrator shall:                (1)  suspend the permit or license for 30 days for the   first violation;                (2)  suspend the permit or license for 60 days for the   second violation; and                (3)  cancel the permit or license for the third   violation.          SECTION 2.  Subchapter A, Chapter 102, Business & Commerce   Code, is amended by adding Section 102.0031 to read as follows:          Sec. 102.0031.  PROHIBITION ON CERTAIN ACTIVITIES BY   BUSINESS IN RELATION TO A CHILD. A sexually oriented business may   not allow an individual younger than 18 years of age to enter the   premises of the business.          SECTION 3.  Section 102.004(a), Business & Commerce Code, is   amended to read as follows:          (a)  The attorney general or appropriate district or county   attorney, in the name of the state, may bring an action for an   injunction or other process against a person who violates or   threatens to violate Section 102.002, [or] 102.003, or 102.0031.          SECTION 4.  Section 102.005(b), Business & Commerce Code, is   amended to read as follows:          (b)  A sexually oriented business commits an offense if the   business violates Section 102.003 or 102.0031.          SECTION 5.  Section 125.0015(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  A person who maintains a place to which persons   habitually go for the following purposes and who knowingly   tolerates the activity and furthermore fails to make reasonable   attempts to abate the activity maintains a common nuisance:                (1)  discharge of a firearm in a public place as   prohibited by the Penal Code;                (2)  reckless discharge of a firearm as prohibited by   the Penal Code;                (3)  engaging in organized criminal activity as a   member of a combination as prohibited by the Penal Code;                (4)  delivery, possession, manufacture, or use of a   substance or other item in violation of Chapter 481, Health and   Safety Code;                (5)  gambling, gambling promotion, or communicating   gambling information as prohibited by the Penal Code;                (6)  prostitution, promotion of prostitution, or   aggravated promotion of prostitution as prohibited by the Penal   Code;                (7)  compelling prostitution as prohibited by the Penal   Code;                (8)  commercial manufacture, commercial distribution,   or commercial exhibition of obscene material as prohibited by the   Penal Code;                (9)  aggravated assault as described by Section 22.02,   Penal Code;                (10)  sexual assault as described by Section 22.011,   Penal Code;                (11)  aggravated sexual assault as described by Section   22.021, Penal Code;                (12)  robbery as described by Section 29.02, Penal   Code;                (13)  aggravated robbery as described by Section 29.03,   Penal Code;                (14)  unlawfully carrying a weapon as described by   Section 46.02, Penal Code;                (15)  murder as described by Section 19.02, Penal Code;                (16)  capital murder as described by Section 19.03,   Penal Code;                (17)  continuous sexual abuse of young child or   children as described by Section 21.02, Penal Code;                (18)  massage therapy or other massage services in   violation of Chapter 455, Occupations Code;                (19)  employing or entering into a contract for the   performance of work or the provision of a service with an individual   younger than 21 years of age for work or services performed [a   minor] at a sexually oriented business as defined by Section   243.002, Local Government Code;                (20)  trafficking of persons as described by Section   20A.02, Penal Code;                (21)  sexual conduct or performance by a child as   described by Section 43.25, Penal Code;                (22)  employment harmful to a child as described by   Section 43.251, Penal Code;                (23)  criminal trespass as described by Section 30.05,   Penal Code;                (24)  disorderly conduct as described by Section 42.01,   Penal Code;                (25)  arson as described by Section 28.02, Penal Code;                (26)  criminal mischief as described by Section 28.03,   Penal Code, that causes a pecuniary loss of $500 or more; [or]                (27)  a graffiti offense in violation of Section 28.08,   Penal Code; or                (28)  permitting an individual younger than 18 years of   age to enter the premises of a sexually oriented business as defined   by Section 243.002, Local Government Code.          SECTION 6.  Sections 51.016(b), (h), and (i), Labor Code,   are amended to read as follows:          (b)  A sexually oriented business may not employ or enter   into a contract, other than a contract described by Subsection (g),   for the performance of work or the provision of a service with an   individual younger than 21 [18] years of age.          (h)  The commission, the attorney general, or a local law   enforcement agency may inspect a record maintained under this   section if there is good reason to believe that an individual   younger than 21 [18] years of age is employed or has been employed   by, or has entered into a contract, other than a contract described   by Subsection (g), for the performance of work or the provision of a   service with, the sexually oriented business within the two years   preceding the date of the inspection.          (i)  A person commits an offense if the person:                (1)  fails to maintain a record as required by this   section; [or]                (2)  knowingly or intentionally hinders an inspection   authorized under Subsection (h); or                (3)  violates Subsection (b).          SECTION 7.  Section 51.031(b), Labor Code, is amended to   read as follows:          (b)  An offense under Section 51.014(d), [or Section]   51.0145, or 51.016(i)(3) is a Class A misdemeanor.          SECTION 8.  Section 43.251(a)(1), Penal Code, is amended to   read as follows:                (1)  "Child" means a person younger than 21 [18] years   of age.          SECTION 9.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act. An   offense committed before the effective date of this Act is governed   by the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose. For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense was committed before that   date.          SECTION 10.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2021.