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.