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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. Subchapter B, Chapter 51, Labor Code, is amended |
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by adding Section 51.016 to read as follows: |
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Sec. 51.016. SEXUALLY ORIENTED BUSINESSES. (a) In this |
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section, "sexually oriented business" has the meaning assigned by |
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Section 243.002, Local Government Code. |
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(b) A sexually oriented business may not employ a child. |
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(c) A sexually oriented business shall maintain at the |
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business a record that contains a copy of a valid proof of |
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identification of each employee or independent contractor working |
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at the premises of the business. |
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(d) A proof of identification satisfies the requirements of |
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Subsection (c) 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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(e) The form of identification under Subsection (c) 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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(f) A sexually oriented business shall maintain a record |
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under this section for at least two 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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(g) The requirements of Subsections (c) and (f) do not apply |
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with regard to an independent contractor who contracts with a |
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sexually oriented business solely to perform repair, maintenance, |
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or construction services at the business. |
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(h) The commission, the attorney general, or a local law |
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enforcement agency may inspect a record maintained under this |
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section if there is good reason to believe that a child is employed |
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or has been employed by the sexually oriented business within the |
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two years preceding the date of the inspection. |
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(i) A person commits an offense if the person: |
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(1) fails to maintain a record as required by this |
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section; or |
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(2) knowingly or intentionally hinders an inspection |
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authorized under Subsection (h). |
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SECTION 2. This Act takes effect September 1, 2009. |