87(R) HB 3520 - House Committee Report version - Bill Text

	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;