Bill Caption

Relating to sexually oriented businesses, including a requirement to participate in the federal electronic verification of employment authorization program, or E-verify, and restricting the age of persons employed by or allowed on the premises creating criminal offenses.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 766 would require sexually oriented businesses to participate in the federal E-verify program and verify the information of all of their employees and contractors.

SB 766 would prohibit a sexually oriented business from employing, or for contracting for certain purposes, anyone under 21 years of age rather than under 18 years of age. This would prohibit adults age 18-20 from working in these businesses.

The state and any law enforcement agency would be able to inspect the records and request proof of E-verify program information verification if they have reason to believe an individual under the age of 21 (rather than a minor under the age of 18) has been employed or contracted for certain purposes within the prior five years, rather than the past two years as current law provides. 

SB 766 would make it a Class B misdemeanor criminal offense for an applicable person to fail to register and participate in the E-verify program.

SB 766 would prohibit an individual younger than 18 years of age from being on the premises of any permitted or licensed business operating as a sexually oriented business. Penalties are proscribed for violations of this prohibition. 

Vote Recommendation Notes

Texas Action opposes SB 766 because it would unnecessarily expand government. No private employers in the state that do not contract with state agencies are currently required to participate in the E-verify program. SB 766 would place a new regulation on a specific subset of businesses and create a criminal offense for non-compliance. Existing law already requires sexually oriented businesses to maintain identification records and provides criminal penalties for trafficking and the employment of minors.

Furthermore this bill would erode the individual liberty of adults age 18-20 by prohibiting them from being employed by a sexually oriented business. Ironically, adults age 18-20 would still be able to patronize such businesses. 

The state of Texas should have a consistent standard for the age of majority in Texas. If the age of majority is 18 for some purposes (including punishment under the criminal justice system), that should be the age of majority for all purposes. The recent trend of elevating the age of majority for only certain purposes (such as purchasing tobacco or working in a sexually oriented business) is inconsistent and has no basis in principle.

Consider: In Texas a person can be executed for a crime they committed at 18 years of age but under this bill a person the same age would be considered underage for the purposes of working in a sexually oriented business. Texas needs a more coherent, consistent, and logical policy on the age of majority.