C.S.H.B. 155 78(R)    BILL ANALYSIS


C.S.H.B. 155
By: West, George "Buddy"
Law Enforcement
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law does not prohibit a registered sex offender from owning,
managing, or working for a sexually oriented business.  C.S.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

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 155 amends Title 4 of the Business & Commerce Code by adding
Chapter 46, Sexually Oriented Businesses.  It defines a sex offender as a
person who has been convicted of or placed on deferred adjudication for an
offense for which that person is subject to registration as a sex
offender. It defines a sexually oriented business as the meaning assigned
by Section 243.002, Local Government Code.  The bill prohibits a sex
offender from owning, operating, managing, or working at a sexually
oriented business and conversely prohibits a sexually oriented business
from hiring or contracting with a person it knows to be a sex offender. 

The bill provides that the attorney general or district or county attorney
may bring a suit in the district court of the county against a person who
is currently in violation or threatening to violate this Act and states
that the district court may grant any relief warranted, including a
restraining order or injunction. 

The bill also provides a criminal penalty of a Class A misdemeanor for
either a sex offender or a sexually oriented business that commits an
offense under this Act. 

EFFECTIVE DATE

This Act takes effect September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original defines sex offender as a person subject to registration
under Chapter 62, Code of Criminal Procedure, and a person convicted or
placed on deferred adjudication for offenses under Chapter 21 of the Penal
Code (Homosexual Conduct, Public Lewdness, Indecent Exposure, Indecency
with a Child, and Improper Photography or Video Recording), Chapter 43 of
the Penal Code (prostitution, obscenity, pornography), and Section
71.02(a)(3) of the Penal Code (organized promotion of prostitution).  The
substitute confines the definition of sex offender to a person subject to
registration under Chapter 62 of the Code of Criminal Procedure.