BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 708

81R4579 KCR-D                                                                                                 By: Nelson, Deuell

Criminal Justice

3/20/2009

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, exploitation of a child is a crime under the Penal Code, but the Office of the Attorney General may seek to enjoin the operation of a business that employs children only after  the business repeatedly violates the Labor Code.  This statute needs to be changed to allow the Office of the Attorney General to seek injunctive relief after the first time a sexually oriented business employs a child because even one violation is too many.

As proposed, S.B. 708 authorizes the attorney general to seek injunctive relief in district court against a sexually oriented business on a first or subsequent violation of the law relating to the employment of children.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.034, Labor Code, as follows:

Sec. 51.034.  INJUNCTION:  ATTORNEY GENERAL'S ACTION.  (a) Defines "sexually oriented business."

(b)  Creates this subsection from existing text.  Authorizes the attorney general to seek injunctive relief  in district court against an employer other than a sexually oriented business who repeatedly violates the requirements established by this chapter relating to the employment of children.

(c)  Authorizes the attorney general to seek injunctive relief in district court against a sexually oriented business on a first or subsequent violation by the business of the requirements established by this chapter relating to the employment of children.

SECTION 2.  Effective date:  September 1, 2009.