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A BILL TO BE ENTITLED
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AN ACT
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relating to the employment of certain individuals at a sexually |
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oriented business. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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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controlled substance in violation of Chapter 481, Health and Safety |
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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 an individual younger than 21 years of |
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age [a 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; or |
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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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SECTION 2. Sections 51.016(b) and (h), Labor Code, are |
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amended to read as follows: |
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(b) A sexually oriented business may not employ 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 the sexually oriented business within the two years preceding |
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the date of the inspection. |
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SECTION 3. 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 4. The change in law made by this Act to Section |
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125.0015, Civil Practice and Remedies Code, applies only to a cause |
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of action that accrues on or after the effective date of this Act. A |
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cause of action that accrues before the effective date of this Act |
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is governed by the law in effect immediately before that date, and |
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the former law is continued in effect for that purpose. |
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SECTION 5. The changes in law made by this Act to Section |
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51.016, Labor Code, and Section 43.251, Penal Code, apply only to an |
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offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2017. |