HBA-ATS S.B. 222 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 222
By: Gallegos
Licensing & Administrative Procedures
4/23/1999
Engrossed



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.  S.B. 222 amends the Alcoholic Beverage Code to provide that
a permit- or licenseholder 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.  Amends Subsection (a), Section 11.64, Alcoholic Beverage Code,
to make a conforming change. 

SECTION 2.  Amends Chapter 106, Alcoholic Beverage Code, by adding Section
106.15, as follows: 

Sec. 106.15.  PROHIBITED ACTIVITIES BY PERSONS YOUNGER THAN 18.  Provides
that a permittee or licensee commits a Class A misdemeanor if the person
employs, authorizes, permits, or induces a person younger than 18 to dance
with another person for a benefit on the premises covered by the permit or
license.  Requires the Texas Alcoholic Beverage Commission or its
administrator, to 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, in addition to the
misdemeanor penalty.  Provides that this section does not apply to a gift
or benefit given for a dance at a wedding, anniversary, or similar event.
Provides that a person younger than 18 does not commit an offense under
this section if the person falsely represents the person's age by
displaying 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.