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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition and use of a fee on certain sexually |
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oriented businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 47.001 through 47.004, Business & |
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Commerce Code, are designated as Subchapter A, Chapter 47, Business & |
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Commerce Code, and a heading for Subchapter A is added to read as |
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follows: |
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SUBCHAPTER A. RESTRICTION ON OWNERS, OPERATORS, MANAGERS, OR |
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EMPLOYEES OF SEXUALLY ORIENTED BUSINESSES |
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SECTION 2. Section 47.001, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 47.001. DEFINITIONS. In this subchapter [chapter]: |
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(1) "Sex offender" means a person who has been |
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convicted of or placed on deferred adjudication for an offense for |
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which a person is subject to registration under Chapter 62, Code of |
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Criminal Procedure. |
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(2) "Sexually oriented business" has the meaning |
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assigned by Section 243.002, Local Government Code. |
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SECTION 3. Chapter 47, Business & Commerce Code, is amended |
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by adding Subchapter B to read as follows: |
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SUBCHAPTER B. FEE ON ADMISSIONS TO CERTAIN SEXUALLY ORIENTED |
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BUSINESSES |
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Sec. 47.051. DEFINITIONS. In this subchapter: |
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(1) "Nude" means: |
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(A) entirely unclothed; or |
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(B) clothed in a manner that leaves uncovered or |
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visible through less than fully opaque clothing any portion of the |
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breasts below the top of the areola of the breasts, if the person is |
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female, or any portion of the genitals or buttocks. |
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(2) "Sexually oriented business" has the meaning |
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assigned by Section 243.002, Local Government Code. |
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Sec. 47.052. ADMISSION FEE. A fee is imposed on a sexually |
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oriented business that provides live nude entertainment or |
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performances in an amount equal to $5 for each entry by each |
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customer admitted to the business. |
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Sec. 47.053. REMISSION OF FEE TO COMPTROLLER; DEPOSIT. (a) |
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A sexually oriented business shall remit the fee imposed by Section |
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47.052 to the comptroller each quarter in the manner prescribed by |
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the comptroller for deposit to the credit of the sexual assault |
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program fund, except as provided by Subsection (b). |
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(b) The comptroller shall deposit any amount received from |
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the fee imposed under this subchapter that exceeds $18 million in a |
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fiscal biennium to the credit of the general revenue fund. |
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Sec. 47.054. ADMINISTRATION, COLLECTION, AND ENFORCEMENT. |
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The provisions of Subtitle B, Title 2, Tax Code, apply to the |
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administration, payment, collection, and enforcement of the fee |
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imposed by this chapter. |
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SECTION 4. Sections 420.005(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The attorney general may award grants to programs |
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described by Section 420.008 [for maintaining or expanding existing
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services]. A grant may not result in the reduction of the financial |
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support a program receives from another source. |
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(b) The attorney general may by rule require that to [To] be |
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eligible for a grant, certain programs [a program] must provide at a |
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minimum: |
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(1) a 24-hour crisis hotline; |
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(2) crisis intervention; |
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(3) public education; |
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(4) advocacy and accompaniment to hospitals, law |
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enforcement offices, prosecutors' offices, and courts for |
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survivors and their family members; and |
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(5) crisis intervention volunteer training. |
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SECTION 5. Sections 420.008(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) The fund consists of fees collected under: |
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(1) Section 19(e), Article 42.12, Code of Criminal |
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Procedure; |
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(2) [, and] Section 508.189, Government Code; and |
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(3) Subchapter B, Chapter 47, Business & Commerce |
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Code. |
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(c) The legislature may appropriate money deposited to the |
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credit of the fund only to: |
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(1) the attorney general, for: |
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(A) sexual violence prevention campaigns; |
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(B) grants to faith-based groups, independent |
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school districts, and community action organizations for programs |
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for the prevention of sexual assault; |
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(C) grants for equipment for sexual assault nurse |
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examiner programs, to support the preceptorship of future sexual |
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assault nurse examiners, and for the continuing education of sexual |
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assault nurse examiners; |
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(D) grants to increase the level of sexual |
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assault services in this state; |
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(E) grants to support victim assistance |
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coordinators; and |
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(F) grants to support technology in rape crisis |
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centers; |
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(2) the Department of State Health Services, to |
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measure the prevalence of sexual assault in this state; |
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(3) the Institute on Domestic Violence and Sexual |
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Assault at The University of Texas at Austin, to conduct research on |
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all aspects of sexual assault and domestic violence; |
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(4) Texas State University, for training and technical |
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assistance to independent school districts for campus safety; |
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(5) the office of the governor, for grants to support |
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sexual assault prosecution projects; |
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(6) the Department of Public Safety, to support sexual |
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assault training for the Texas Rangers; |
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(7) the Texas Department of Criminal Justice: |
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(A) for increasing the capacity of the sex |
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offender civil commitment program; |
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(B) for pilot projects for monitoring sex |
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offenders on parole; and |
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(C) for increasing the number of adult |
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incarcerated sex offenders receiving treatment; and |
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(8) the Texas Youth Commission, for increasing the |
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number of incarcerated juvenile sex offenders receiving treatment |
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[to finance the grant program created by this chapter]. |
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SECTION 6. The fee imposed by Section 47.052, Business & |
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Commerce Code, as added by this Act, applies only to a customer |
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admitted to a sexually oriented business on or after the effective |
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date of this Act. |
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SECTION 7. This Act takes effect September 1, 2007. |