BILL ANALYSIS

 

 

Senate Research Center

S.B. 1244

88R3289 SRA-D

By: Huffman

 

Finance

 

3/15/2023

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

GR Account 5010 is the state's sexual assault program fund. Amounts in the account may be appropriated to the Attorney General, Department of State Health Services, UT Austin, Texas State University, Governor's Office, Department of Public Safety, Comptroller Judiciary, Department of Criminal Justice, Juvenile Justice Department, Comptroller, and the Supreme Court for uses specified in law. Funds in the account are primarily for grants to such programs as: sexual violence awareness and prevention campaigns, victims of human trafficking, sexual assault nurse examiner programs, increase the level of sexual assault services in this state, victim assistance coordinators, and technology in rape crisis centers.

 

To establish a consistent revenue stream for this fund, S.B. 1244 would allocate 1% of the revenue from the mixed beverage tax to the sexual assault program fund.

 

As proposed, S.B. 1244 amends current law relating to the amount of the fee imposed on certain sexually oriented businesses that is allocated to the sexual assault program fund and the allocation of certain other revenue to that fund and authorizes an increase in the amount of a fee.

 

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 102.052(a), Business & Commerce Code, as follows:

 

(a) Provides that a fee is imposed on a sexually oriented business for each entry by each customer admitted to the business. Provides that the amount of the fee is $5 or a greater amount set by the legislature in the General Appropriations Act. Deletes existing text providing that the fee imposed be in an amount equal to $5.

 

SECTION 2. Amends Section 420.008(b), Government Code, as follows:

 

(b) Provides that the sexual assault program fund consists of certain monies, including amounts allocated under Section 183.054, Tax Code. Makes nonsubstantive changes.

 

SECTION 3. Amends Section 183.023(b), Tax Code, as follows:

 

(b) Requires the Comptroller of Public Accounts of the State of Texas (comptroller) to deposit the revenue received under Section 183.023 (Payment) in the general revenue fund, except for the amounts allocated under Subsection (c) (relating to requiring the comptroller to deposit each fiscal year $10 million of the revenue received under this section to the credit of the Texas music incubator account) of this section or Subchapter C (Disposition of Proceeds) of Chapter 183 (Mixed Beverage Taxes).

 

SECTION 4. Amends Subchapter C, Chapter 183, Tax Code, by adding Section 183.054, as follows:

 

Sec. 183.054. ALLOCATION OF CERTAIN REVENUE TO SEXUAL ASSAULT PROGRAM FUND. Requires the comptroller to deposit an amount of money equal to one percent of the revenue received under Subchapters B (Mixed Beverage Gross Receipts Tax) and B-1 (Mixed Beverage Sales Tax) to the credit of the sexual assault program fund established under Section 420.008 (Sexual Assault Program Fund), Government Code.

 

SECTION 5. Effective date: September 1, 2023.