87(R) SB 766 - Enrolled version - Bill Text

	S.B.  No.  766

	AN ACT
	relating to sexually oriented businesses, including a requirement
	to participate in the federal electronic verification of employment
	authorization program, or E-verify, and restricting the age of
	persons employed by or allowed on the premises; creating criminal
	offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 51.016, Labor Code, is amended by
	amending Subsections (a), (b), (c), (d), (e), (h), and (i) and
	adding Subsection (j) to read as follows:
	(a)    In this section:
	(1)    "E-verify program" has the meaning assigned by
	Section 673.001, Government Code.
	(2)    "Sexually[, "sexually] oriented business" has the
	meaning assigned by Section 243.002, Local Government Code.
	(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.
	(c)    A sexually oriented business shall:
	(1)    maintain at the business a record that contains a
	copy of a valid proof of identification of each employee and [or]
	independent contractor working at the premises of the business; and
	(2)    register and participate in the E-verify program
	to verify information of all employees and independent contractors.
	(d)    A proof of identification satisfies the requirements of
	Subsection (c)(1) [(c)] if the identification:
	(1)    contains a physical description and photograph
	consistent with the person's appearance;
	(2)    contains the date of birth of the person; and
	(3)    was issued by a government agency.
	(e)    The form of identification under Subsection (c)(1)
	[(c)] may include:
	(1)    a driver's license issued by this state or another
	state;
	(2)    a passport; or
	(3)    an identification card issued by this or another
	state or the federal government.
	(h)    The commission, the attorney general, or a [local] law
	enforcement agency may inspect a record maintained under this
	section and request proof of E-verify program information
	verification 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 five [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).
	(j)    A person commits an offense if the person fails to
	register and participate in the E-verify program as required by
	Subsection (c)(2).
	SECTION  2.    Chapter 106, Alcoholic Beverage Code, is amended
	by adding Section 106.17 to read as follows:
	Sec.  106.17.    PRESENCE OR EMPLOYMENT OF CERTAIN PERSONS AT
	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:
	(1)    knowingly or recklessly allow an individual
	younger than 18 years of age to be on the premises; or
	(2)    enter into a contract, other than a contract
	described by Section 51.016(g), Labor Code, with an individual
	younger than 21 years of age for the performance of work or the
	provision of a service 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: