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A BILL TO BE ENTITLED
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AN ACT
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relating to imposing a fee on admissions to 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 47.001-47.004, Business & Commerce |
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Code, are redesignated 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 IN |
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GENERAL REVENUE. A sexually oriented business shall remit the fee |
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imposed by Section 47.052 to the comptroller each quarter in the |
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manner prescribed by the comptroller for deposit to the credit of |
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the general revenue fund. |
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Sec. 47.054. ADMINISTRATION, COLLECTION, AND ENFORCEMENT. |
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The comptroller shall adopt any necessary rules for 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. 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 5. This Act takes effect September 1, 2007. |