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.