Floor Packet Page No. 51                                                    



	

Amend HB 3 as follows:                                                       



(1)  Add the following appropriately numbered SECTION to 	Part A of Article 3 of the bill and renumber subsequent SECTIONS 

accordingly:

	SECTION 3A.__.  (a)  There are exempted from the increase in 

the rate of the tax imposed by Chapter 151, Tax Code, that is made by 

this part the receipts from the sale, use, or rental and the 

storage, use, or consumption in this state of taxable items, if:

		(1)  the items are used:                                                      

			(A)  for the performance of a contract for the 

improvement of real property entered into on or before July 27, 

2005, if the contract is not subject to change or modification 

because of the tax rate increase made by this part; or

			(B)  pursuant to an obligation of a bid submitted 

for the improvement of real property submitted on or before July 27, 

2005, if the bid may not be withdrawn, modified, or changed because 

of the tax rate increase made by this part; and

		(2)  an electronic or paper copy of the contract or bid 

on which the exemption is claimed is given by the taxpayer to the 

comptroller not later than October 1, 2005.

	(b)  The exemption provided by this section expires 

September 1, 2007.       

	(2)  Add the following appropriately numbered ARTICLE to the 

bill and renumber subsequent ARTICLES of the bill accordingly:



ARTICLE ___.  SEXUALLY ORIENTED BUSINESS ADMISSIONS FEE

	SECTION ___.01.  Sections 47.001-47.004, Business &

Commerce Code, as renumbered by HB 2018, Acts of the 79th 

Legislature, Regular Session, 2005, are redesignated as Subchapter 

A, Chapter 47, Business & Commerce Code, and a subchapter heading is 

added to read as follows:



SUBCHAPTER A.  RESTRICTION ON OWNERS, OPERATORS, MANAGERS, OR



EMPLOYEES OF SEXUALLY ORIENTED BUSINESSES

	SECTION ___.02.  Section 47.001, Business & Commerce Code, 

as renumbered by HB 2018, Acts of the 79th Legislature, Regular 

Session, 2005, is amended to read as follows:

	Sec. 47.001.  DEFINITIONS.  In this subchapter [chapter]:

		(1)  "Sex offender" means a person who has been 

convicted of or placed on deferred adjudication for an offense for 

which a person is subject to registration under Chapter 62, Code of 

Criminal Procedure.

		(2)  "Sexually oriented business" has the meaning 

assigned by Section 243.002, Local Government Code.

	SECTION ___.03.  Chapter 47, Business & Commerce Code, as 

renumbered by HB 2018, Acts of the 79th Legislature, Regular 

Session, 2005, is amended by adding Subchapter B to read as follows:



SUBCHAPTER B.  FEE ON ADMISSIONS TO CERTAIN SEXUALLY



ORIENTED BUSINESSES

	Sec. 47.051.  DEFINITIONS.  In this subchapter:                         

		(1)  "Nude" means:                                                     

			(A)  entirely unclothed; or                                           

			(B)  clothed in a manner that leaves uncovered or 

visible through less than fully opaque clothing any portion of the 

breasts below the top of the areola of the breasts, if the person is 

female, or any portion of the genitals or buttocks.

		(2)  "Sexually oriented business" has the meaning 

assigned by Section 243.002, Local Government Code.

	Sec. 47.052.  ADMISSION FEE.  (a)  A fee is imposed on a 

sexually oriented business that provides live nude entertainment or 

performances in an amount equal to $4 for each entry by each 

customer admitted to the business.

	(b)  For purposes of this section, the amount that a business 

charges a customer for admission includes a membership fee or a 

multiple-entry admission charge.

	Sec. 47.053.  REMISSION OF FEE TO COMPTROLLER; DEPOSIT IN 

GENERAL REVENUE.  A sexually oriented business shall remit the fee 

imposed by Section 47.052 to the comptroller each quarter in the 

manner prescribed by the comptroller for deposit to the credit of 

the general revenue fund.

	Sec. 47.054.  ADMINISTRATION, COLLECTION, AND ENFORCEMENT.  

The comptroller shall adopt any necessary rules for the 

administration, payment, collection, and enforcement of the fee 

imposed by this chapter.

	SECTION ___.04.  Subchapter B, Chapter 47, Business &

Commerce Code, as added by this article, expires August 31, 2007.

	SECTION ___.05.  The fee imposed by Section 47.052, Business &

 Commerce Code, as added by this article, applies only to a 

customer admitted to a sexually oriented business on or after the 

effective date of this article.

	SECTION ___.06.  This article takes effect January 1, 2006.