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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a sexually oriented business to maintain |
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certain photographic identification records; providing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 102, Business & Commerce Code, as |
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effective April 1, 2009, is amended by adding Section 102.0031 to |
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read as follows: |
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Sec. 102.0031. REQUIREMENT TO MAINTAIN PHOTOGRAPHIC |
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IDENTIFICATION RECORDS. (a) A sexually oriented business shall |
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maintain at the business a record that contains a copy of a valid |
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proof of identification of each employee or independent contractor |
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working at the business. |
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(b) A proof of identification satisfies the requirements of |
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Subsection (a) if the identification: |
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(1) contains a physical description and photograph |
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consistent with the person's appearance; |
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(2) contains the date of birth of the person; and |
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(3) was issued by a government agency. |
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(c) The form of identification under Subsection (a) may |
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include: |
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(1) a driver's license issued by this state or another |
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state; |
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(2) a passport; or |
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(3) an identification card issued by this or another |
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state or the federal government. |
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(d) A sexually oriented business shall maintain a record |
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under this section for at least five years after the date the |
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employee or independent contractor ends employment with or a |
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contractual obligation to the business. |
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(e) The requirements of this section do not apply with |
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regard to an independent contractor who contracts with a sexually |
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oriented business solely to perform repair, maintenance, or |
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construction services at the business. |
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SECTION 2. Section 102.005(b), Business & Commerce Code, as |
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effective April 1, 2009, is amended to read as follows: |
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(b) A sexually oriented business commits an offense if the |
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business violates Section 102.003 or 102.0031. |
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SECTION 3. Chapter 102, Business & Commerce Code, as |
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effective September 1, 2009, is amended by adding Subchapter C to |
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read as follows: |
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SUBCHAPTER C. REQUIREMENT TO MAINTAIN CERTAIN RECORDS |
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Sec. 102.101. DEFINITION. In this subchapter, "sexually |
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oriented business" has the meaning assigned by Section 243.002, |
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Local Government Code. |
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Sec. 102.102. REQUIREMENT TO MAINTAIN PHOTOGRAPHIC |
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IDENTIFICATION RECORDS. (a) A sexually oriented business shall |
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maintain at the business a record that contains a copy of a valid |
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|
proof of identification of each employee or independent contractor |
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working at the business. |
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|
(b) A proof of identification satisfies the requirements of |
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Subsection (a) if the identification: |
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(1) contains a physical description and photograph |
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consistent with the person's appearance; |
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(2) contains the date of birth of the person; and |
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(3) was issued by a government agency. |
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(c) The form of identification under Subsection (a) may |
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include: |
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(1) a driver's license issued by this state or another |
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state; |
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(2) a passport; or |
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(3) an identification card issued by this or another |
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state or the federal government. |
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(d) A sexually oriented business shall maintain a record |
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under this section for at least five years after the date the |
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employee or independent contractor ends employment with or a |
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contractual obligation to the business. |
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(e) The requirements of this section do not apply with |
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regard to an independent contractor who contracts with a sexually |
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oriented business solely to perform repair, maintenance, or |
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construction services at the business. |
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Sec. 102.103. CRIMINAL PENALTY. (a) A sexually oriented |
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business commits an offense if the business violates Section |
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102.102. |
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(b) An offense under this section is a Class A misdemeanor. |
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SECTION 4. (a) Sections 1 and 2 of this Act take effect only |
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if the Act of the 81st Legislature, Regular Session, 2009, relating |
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to nonsubstantive additions to and corrections in existing codes |
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does not become law. |
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(b) Section 3 of this Act takes effect only if the Act of |
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the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in existing codes |
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becomes law. |
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SECTION 5. This Act takes effect September 1, 2009. |