Amend HB 1751 (House committee printing) by striking all
below the enacting clause and substituting the following:
SECTION 1. Sections 47.001 through 47.004, Business &
Commerce Code, are designated as Subchapter A, Chapter 47, Business &
Commerce Code, and a heading for Subchapter A is added to read as
follows:
SUBCHAPTER A. RESTRICTION ON OWNERS, OPERATORS, MANAGERS, OR
EMPLOYEES OF SEXUALLY ORIENTED BUSINESSES
SECTION 2. Section 47.001, Business & Commerce Code, 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 3. Chapter 47, Business & Commerce Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. FEE IMPOSED ON 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" means a nightclub,
bar, restaurant, or similar commercial enterprise that:
(A) provides for an audience of two or more
individuals live nude entertainment or live nude performances; and
(B) authorizes on-premises consumption of
alcoholic beverages, regardless of whether the consumption of
alcoholic beverages is under a license or permit issued under the
Alcoholic Beverage Code.
Sec. 47.052. FEE BASED ON ADMISSIONS; RECORDS. (a) A fee
is imposed on a sexually oriented business in an amount equal to $5
for each entry by each customer admitted to the business.
(b) A sexually oriented business shall record daily in the
manner required by the comptroller the number of customers admitted
to the business. The business shall maintain the records for the
period required by the comptroller and make the records available
for inspection and audit on request by the comptroller.
(c) This section does not require a sexually oriented
business to impose a fee on a customer of the business. A business
has discretion to determine the manner in which the business
derives the money required to pay the fee imposed under this
section.
Sec. 47.053. REMISSION OF FEE; SUBMISSION OF REPORTS. Each
quarter, a sexually oriented business shall:
(1) remit the fee imposed by Section 47.052 to the
comptroller in the manner prescribed by the comptroller; and
(2) file a report with the comptroller in the manner
and containing the information required by the comptroller.
Sec. 47.054. ALLOCATION OF CERTAIN REVENUE FOR SEXUAL
ASSAULT PROGRAMS. The comptroller shall deposit the first $25
million received from the fee imposed under this subchapter in a
state fiscal biennium to the credit of the sexual assault program
fund.
Sec. 47.055. ALLOCATION OF ADDITIONAL REVENUE. (a) The
comptroller shall deposit all amounts received from the fee imposed
under this subchapter after the first $25 million in a state fiscal
biennium in the Texas health opportunity pool established under
Subchapter N, Chapter 531, Government Code. Money deposited in the
pool under this section may be used only to provide health benefits
coverage premium payment assistance to low-income persons through a
premium payment assistance program developed under that
subchapter.
(b) This section takes effect only if Senate Bill No. 10,
Acts of the 80th Legislature, Regular Session, 2007, becomes law
and the Texas health opportunity pool is established under that
Act. If that Act does not become law, or that Act becomes law but
the pool is not established, this section has no effect, and the
revenue is deposited as provided by Section 47.0551.
Sec. 47.0551. ALLOCATION OF ADDITIONAL REVENUE. (a) The
comptroller shall deposit all amounts received from the fee imposed
under this subchapter after the first $25 million in a state fiscal
biennium to the credit of the premium payment assistance account.
The premium payment assistance account is an account in the general
revenue fund that may be appropriated to the Health and Human
Services Commission only to provide health benefits coverage
premium payment assistance to low-income persons through a program
developed by the commission.
(b) This section takes effect only if Senate Bill No. 10,
Acts of the 80th Legislature, Regular Session, 2007, does not
become law, or that Act becomes law, but the Texas health
opportunity pool is not established under that Act. If that Act
becomes law and the pool is established, this section has no effect,
and the revenue is deposited as provided by Section 47.055.
Sec. 47.056. ADMINISTRATION, COLLECTION, AND ENFORCEMENT.
The provisions of Subtitle B, Title 2, Tax Code, apply to the
administration, payment, collection, and enforcement of the fee
imposed by this chapter.
SECTION 4. Sections 420.005(a) and (b), Government Code,
are amended to read as follows:
(a) The attorney general may award grants to programs
described by Section 420.008 [for maintaining or expanding existing
services]. A grant may not result in the reduction of the financial
support a program receives from another source.
(b) The attorney general may by rule require that to [To] be
eligible for a grant, certain programs [a program] must provide at a
minimum:
(1) a 24-hour crisis hotline;
(2) crisis intervention;
(3) public education;
(4) advocacy and accompaniment to hospitals, law
enforcement offices, prosecutors' offices, and courts for
survivors and their family members; and
(5) crisis intervention volunteer training.
SECTION 5. Sections 420.008(b) and (c), Government Code,
are amended to read as follows:
(b) The fund consists of fees collected under:
(1) Section 19(e), Article 42.12, Code of Criminal
Procedure;
(2) [, and] Section 508.189, Government Code; and
(3) Subchapter B, Chapter 47, Business & Commerce
Code, and deposited under Section 47.054.
(c) The legislature may appropriate money deposited to the
credit of the fund only to:
(1) the attorney general, for:
(A) sexual violence awareness and prevention
campaigns;
(B) grants to faith-based groups, independent
school districts, and community action organizations for programs
for the prevention of sexual assault;
(C) grants for equipment for sexual assault nurse
examiner programs, to support the preceptorship of future sexual
assault nurse examiners, and for the continuing education of sexual
assault nurse examiners;
(D) grants to increase the level of sexual
assault services in this state;
(E) grants to support victim assistance
coordinators;
(F) grants to support technology in rape crisis
centers;
(G) grants to and contracts with a statewide
nonprofit organization exempt from federal income taxation under
Section 501(c)(3), Internal Revenue Code of 1986, having as a
primary purpose ending sexual violence in this state, for programs
for the prevention of sexual violence, outreach programs, and
technical assistance to and support of youth and rape crisis
centers working to prevent sexual violence; and
(H) grants to regional nonprofit providers of
civil legal services to provide legal assistance for sexual assault
victims;
(2) the Department of State Health Services, to
measure the prevalence of sexual assault in this state;
(3) the Institute on Domestic Violence and Sexual
Assault at The University of Texas at Austin, to conduct research on
all aspects of sexual assault and domestic violence;
(4) Texas State University, for training and technical
assistance to independent school districts for campus safety;
(5) the office of the governor, for grants to support
sexual assault prosecution projects;
(6) the Department of Public Safety, to support sexual
assault training for commissioned officers;
(7) the comptroller's judiciary section, for
increasing the capacity of the sex offender civil commitment
program;
(8) the Texas Department of Criminal Justice:
(A) for pilot projects for monitoring sex
offenders on parole; and
(B) for increasing the number of adult
incarcerated sex offenders receiving treatment;
(9) the Texas Youth Commission, for increasing the
number of incarcerated juvenile sex offenders receiving treatment;
(10) the comptroller, for the administration of the
fee imposed on sexually oriented businesses under Section 47.052,
Business & Commerce Code; and
(11) the supreme court, to be transferred to the Texas
Equal Access to Justice Foundation, or a similar entity, to provide
victim-related legal services to sexual assault victims, including
legal assistance with protective orders, relocation-related
matters, victim compensation, and actions to secure privacy
protections available to victims under law [to finance the grant
program created by this chapter].
SECTION 6. Subchapter A, Chapter 420, Government Code, is
amended by adding Section 420.015 to read as follows:
Sec. 420.015. ASSESSMENT OF SEXUALLY ORIENTED BUSINESS
REGULATIONS. The legislature may appropriate funds for a
third-party assessment of the sexually oriented business industry
in this state and provide recommendations to the legislature on how
to further regulate the growth of the sexually oriented business
industry in this state.
SECTION 7. (a) The Sexual Assault Advisory Council is
established to:
(1) serve as an information clearinghouse and informal
coordinator of existing and future sexual assault programming
efforts at state and local levels;
(2) report to the governor and the 81st Legislature
the results of actions taken by the 80th Legislature on any gaps
with respect to research, prevention, response and other victims'
services, adjudication, and incarceration at state and local
levels;
(3) develop recommendations for appropriate
performance measures that enable the governor and the legislature
to biennially assess and respond to the status of sexual assault in
this state; and
(4) report to the 81st Legislature on the
effectiveness of appropriations made in this Act and other sexual
assault legislation passed by the 80th Legislature.
(b) The Sexual Assault Advisory Council is composed of
representatives designated by the attorney general from state
agencies that receive sexual assault-related appropriations in the
General Appropriations Act.
(c) The legislature intends that agencies receiving sexual
assault-related appropriations coordinate with the Sexual Assault
Advisory Council to provide answers for:
(1) how prevalent is sexual assault in Texas, and why;
(2) how to reduce the recidivism of known sex
offenders;
(3) how to increase the reporting of sexual assault to
law enforcement;
(4) how to increase conviction and prosecution rates
of sexual assault;
(5) how to identify the geographic areas in this state
with higher rates of sexual assault and how to coordinate
delivering resources to these areas; and
(6) how to convey that assistance is available for all
victims of sexual assault and how to ensure that residents of this
state know how to obtain assistance if they have been sexually
assaulted.
SECTION 8. The fee imposed by Section 47.052, Business &
Commerce Code, as added by this Act, applies only to a sexually
oriented business with respect to the admission by the business of
customers on or after the effective date of this Act.
SECTION 9. This Act takes effect January 1, 2008.