HBA-MPA H.B. 874 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 874 By: Farrar Licensing & Administrative Procedures 3/8/1999 Introduced BACKGROUND AND PURPOSE "Taxi-dancing" is the practice of permitting a patron to dance with another person for money. Taxidancing became the subject of scrutiny by state and city officials after eight underage girls were taken into protective custody during an October 1998 investigation of Houston nightclubs offering this service. H.B. 874 amends the Alcoholic Beverage Code to provide that a permit-holder who allows taxi-dancing with minors in an establishment commits a Class A misdemeanor, punishable by a fine not to exceed $4,000 or a jail term not to exceed one year, or both. In addition, the permit or license will be suspended for five days on the first offense, 60 days on the second offense, and revoked upon conviction of a third offense. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Makes a conforming change. SECTION 2. Amends Chapter 106, Alcoholic Beverage Code, by adding Section 106.15, as follows: Sec. 106.15. Provides that a person holding a permit or license issued under this code commits a Class A misdemeanor if the person employs, authorizes, permits or induces a person younger than 18 to dance with or for another person for benefit on the premises covered by the permit or license. Requires that in addition to the misdemeanor penalty, the Texas Alcoholic Beverage Commission or its administrator, must suspend the license or permit of the person for five days for the first offense, 60 days for the second offense, and cancel the license or permit for the third offense of this section. Provides that a person does not commit an offense under this section if the person under 18 falsely represents the person's age by displays an apparently valid Texas driver's license or Texas Department of Public Safety identification card containing a physical description consistent with the person's appearance. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.