SRC-TAG H.B. 155 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 155
78R6437 SMH-DBy: West, George "Buddy" (Whitmire)
Criminal Justice
5/22/2003
Engrossed


DIGEST AND PURPOSE 

Current law does not prohibit a registered sex offender from owning,
managing, or working for a sexually oriented business.  H.B. 155 prohibits
a registered sex offender from owning or working for a sexually oriented
business and prohibits sexually oriented businesses from hiring registered
sex offenders. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4, Business & Commerce Code, by adding Chapter
46, as follows: 

CHAPTER 46.  SEXUALLY ORIENTED BUSINESSES

 Sec.  46.001.  DEFINITIONS.  Defines "sex offender" and "sexually
oriented business." 

Sec.  46.002.  PROHIBITION ON OWNERSHIP, OPERATION OR MANAGEMENT BY OR
EMPLOYMENT OF SEX OFFENDER.  (a)  Prohibits a sex offender from owning
wholly or partly or serving as a director, officer, operator, manager, or
employee of a sexually oriented business. 

(b)  Prohibits a sexually oriented business from contracting with a person
to operate or manage the business as an independent contractor or employ a
person as an officer, operator, manager, or other employee if the business
knows the person is a sex offender. 

Sec. 46.003.  INJUNCTION.  (a)  Authorizes the attorney general or the
appropriate district or county attorney, in the name of the state, to
bring an action for an injunction or other process against a person who is
violating or threatening to violate Section 46.002.  Authorizes the action
to be brought in a district court of Travis County or of a county in which
any part of the violation or threatened violation occurs. 

 (b)  Authorizes the district court to grant any prohibitory or mandatory
relief 
warranted by the facts, including a temporary restraining order, temporary
injunction, or permanent injunction. 

Sec. 46.004.  CRIMINAL PENALTY.  (a)  Provides that sex offender commits
an offense if the offender violates Section 46.002(a). 
 
(b)  Provides that a sexually oriented business commits an offense if the
business violates Section 46.002(b). 
   
  (c)  Provides that an offense under this section is a Class A
misdemeanor. 

SECTION 2.  Effective date:  September 1, 2003.