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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. 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 MINOR ON PERMITTED OR LICENSED |
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PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) A minor may |
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not be on premises covered by a permit or license issued under this |
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code if a sexually oriented business, as defined by Section |
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243.002, Local Government 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 a |
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minor 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 2. 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 21 years of age to enter the |
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premises of the business. |
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SECTION 3. 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 4. 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 5. 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 |