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A BILL TO BE ENTITLED
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AN ACT
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relating to the sexual assault program fund and to the fee imposed |
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on certain sexually oriented businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.054, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 102.054. ALLOCATION OF [CERTAIN] REVENUE FOR SEXUAL |
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ASSAULT PROGRAMS. The comptroller shall deposit the amount [first
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$25 million] received from the fee imposed under this subchapter |
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[in a state fiscal biennium] to the credit of the sexual assault |
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program fund. |
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SECTION 2. Section 420.008, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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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 awareness and prevention |
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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 and programs for victims of |
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human trafficking; |
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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; |
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(F) grants to support technology in rape crisis |
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centers; |
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(G) grants to and contracts with a statewide |
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nonprofit organization exempt from federal income taxation under |
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Section 501(c)(3), Internal Revenue Code of 1986, having as a |
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primary purpose ending sexual violence in this state, for programs |
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for the prevention of sexual violence, outreach programs, and |
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technical assistance to and support of youth and rape crisis |
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centers working to prevent sexual violence; [and] |
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(H) grants to regional nonprofit providers of |
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civil legal services to provide legal assistance for sexual assault |
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victims; and |
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(I) grants to health science centers and related |
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nonprofit entities exempt from federal income taxation under |
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Section 501(a), Internal Revenue Code of 1986, by being listed as an |
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exempt organization under Section 501(c)(3) of that code, for |
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research relating to the prevention and mitigation of sexual |
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assault; |
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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 and for |
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grants to support programs assisting victims of human trafficking; |
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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 and human trafficking prosecution projects; |
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(6) the Department of Public Safety, to support sexual |
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assault training for commissioned officers; |
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(7) the comptroller's judiciary section, for |
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increasing the capacity of the sex offender civil commitment |
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program; |
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(8) the Texas Department of Criminal Justice: |
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(A) for pilot projects for monitoring sex |
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offenders on parole; and |
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(B) for increasing the number of adult |
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incarcerated sex offenders receiving treatment; |
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(9) the Texas Youth Commission, for increasing the |
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number of incarcerated juvenile sex offenders receiving treatment; |
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(10) the comptroller, for the administration of the |
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fee imposed on sexually oriented businesses under Section 102.052, |
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Business & Commerce Code; [and] |
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(11) the supreme court, to be transferred to the Texas |
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Equal Access to Justice Foundation, or a similar entity, to provide |
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victim-related legal services to sexual assault victims, including |
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legal assistance with protective orders, relocation-related |
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matters, victim compensation, and actions to secure privacy |
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protections available to victims under law; and |
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(12) the Department of Family and Protective Services |
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for: |
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(A) programs related to sexual assault |
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prevention and intervention; and |
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(B) research relating to how the department can |
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effectively address the prevention of sexual assault. |
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(d) A board, commission, department, office, or other |
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agency in the executive or judicial branch of state government to |
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which money is appropriated from the sexual assault program fund |
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under this section shall, not later than December 1 of each |
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even-numbered year, provide to the Legislative Budget Board a |
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report stating, for the preceding fiscal biennium: |
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(1) the amount appropriated to the entity under this |
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section; |
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(2) the purposes for which the money was used; and |
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(3) any results of a program or research funded under |
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this section. |
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SECTION 3. The comptroller of public accounts shall collect |
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the fee imposed under Section 102.052, Business & Commerce Code, |
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until a court, in a final judgment upheld on appeal or no longer |
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subject to appeal, finds Section 102.052, Business & Commerce Code, |
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or its predecessor statute, to be unconstitutional. |
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SECTION 4. Section 102.055, Business & Commerce Code, is |
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repealed. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |