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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain erotic performances; creating a |
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criminal offense; authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.001, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 102.001. DEFINITIONS. In this subchapter: |
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(1) "Child" means an individual younger than 18 years |
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of age. |
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(2) "Erotic performance" has the meaning assigned by |
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Section 243.002, Local Government Code. |
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(3) "Sex offender" means a person who has been |
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convicted of or placed on deferred adjudication for an offense for |
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which a person is subject to registration under Chapter 62, Code of |
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Criminal Procedure. |
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(4) [(2)] "Sexually oriented business" has the |
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meaning assigned by Section 243.002, Local Government Code. |
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SECTION 2. Section 102.0031, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 102.0031. PROHIBITION ON [CERTAIN ACTIVITIES BY] |
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BUSINESS ALLOWING [IN RELATION TO A] CHILD ON PREMISES. A sexually |
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oriented business may not allow a child [an individual younger than |
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18 years of age] to enter the premises of the business. |
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SECTION 3. Subchapter A, Chapter 102, Business & Commerce |
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Code, is amended by adding Section 102.0032 to read as follows: |
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Sec. 102.0032. PROHIBITION ON BUSINESS ALLOWING EROTIC |
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PERFORMANCE IN PRESENCE OF CHILD. A sexually oriented business may |
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not allow an erotic performance to take place in the presence of a |
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child. |
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SECTION 4. Section 102.004(a), Business & Commerce Code, is |
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amended to read as follows: |
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(a) The attorney general or appropriate district or county |
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attorney, in the name of the state, may bring an action for an |
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injunction or other process against a person who violates or |
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threatens to violate Section 102.002, 102.003, [or] 102.0031, or |
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102.0032. |
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SECTION 5. Section 102.005, Business & Commerce Code, is |
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amended by amending Subsection (c) and adding Subsections (b-1) and |
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(d) to read as follows: |
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(b-1) A sexually oriented business commits an offense if the |
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business violates Section 102.0032. |
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(c) An offense under Subsection (a) or (b) [this section] is |
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a Class A misdemeanor. |
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(d) An offense under Subsection (b-1) is a felony of the |
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third degree. |
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SECTION 6. Subchapter A, Chapter 102, Business & Commerce |
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Code, is amended by adding Sections 102.006 and 102.007 to read as |
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follows: |
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Sec. 102.006. CIVIL AND OTHER PENALTY. (a) A sexually |
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oriented business that violates Section 102.0032 is: |
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(1) liable to this state for a civil penalty not to |
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exceed $10,000 for each violation; and |
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(2) subject to the revocation of applicable licenses |
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for a second violation in accordance with Section 102.007. |
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(b) The attorney general may bring an action in the name of |
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the state to recover a civil penalty under this section. |
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(c) The action may be brought in a district court in: |
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(1) Travis County; or |
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(2) a county in which any part of the violation occurs. |
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(d) A civil penalty collected under this section shall be |
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deposited in the state treasury to the credit of the general revenue |
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fund. |
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Sec. 102.007. NOTICE TO LICENSING AUTHORITY; REVOCATION OF |
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CERTAIN LICENSES. (a) In this section: |
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(1) "License" means a license, certificate, |
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registration, permit, or other authorization that: |
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(A) is issued by a licensing authority; |
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(B) is subject before expiration to renewal, |
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suspension, revocation, forfeiture, or termination by a licensing |
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authority; and |
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(C) a person must obtain to: |
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(i) practice or engage in a particular |
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business, occupation, or profession; or |
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(ii) engage in any other regulated |
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commercial activity for which a license or permit is required. |
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(2) "Licensing authority" means a department, |
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commission, board, office, or other agency of this state or a |
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political subdivision of this state, including a municipality or |
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county with regulatory authority under Section 243.007, Local |
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Government Code, that issues or renews a license or that otherwise |
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has authority to suspend or refuse to renew a license. |
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(b) Not later than the 30th day after the date the attorney |
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general prevails in a second action against a sexually oriented |
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business under Section 102.006, the attorney general shall provide |
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notice to each appropriate licensing authority with regulatory |
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authority over licensing the business. If authorized under |
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applicable law, the licensing authority shall revoke the business's |
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license through the applicable revocation process. |
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SECTION 7. Section 102.051, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 102.051. DEFINITIONS. In this subchapter: |
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(1) "Business" means a foreign or domestic for-profit |
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or nonprofit entity. |
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(1-a) "Erotic performance" has the meaning assigned by |
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Section 243.002, Local Government Code. |
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(1-b) "Nude" means: |
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(A) entirely unclothed; or |
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(B) clothed in a manner that leaves uncovered or |
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visible through less than fully opaque clothing any portion of the |
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breasts below the top of the areola of the breasts, if the person is |
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female, or any portion of the genitals or buttocks. |
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(2) "Sexually oriented business" means: |
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(A) a nightclub, bar, restaurant, or similar |
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commercial enterprise that: |
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(i) [(A)] provides for an audience of two |
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or more individuals live nude entertainment or live nude |
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performances; and |
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(ii) [(B)] authorizes on-premises |
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consumption of alcoholic beverages, regardless of whether the |
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consumption of alcoholic beverages is under a license or permit |
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issued under the Alcoholic Beverage Code; or |
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(B) a business that provides for an audience of |
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two or more individuals an erotic performance. |
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SECTION 8. Section 243.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 243.002. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Biological sex" means the physical condition of |
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being male or female as determined by the sex organs, chromosomes, |
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and endogenous profile of the individual at birth. |
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(2) "Business" means a foreign or domestic for-profit |
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or nonprofit entity. |
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(3) "Erotic performance" means a performance with the |
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intent to or in such a way that a reasonable person would conclude |
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the movement is intended to, likely to, or would naturally cause |
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sexual arousal or gratification or any performance that would |
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otherwise appeal to the prurient interest of any person, including |
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a performance: |
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(A) depicting a sex act, including depicting a |
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sex act while nude; |
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(B) involving the progressive removal of |
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clothing or the placement of money into undergarments; and |
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(C) in which a person exhibits a sex or gender |
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that is different than the person's biological sex, using clothing, |
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makeup, or other physical markers, and sings, lip-syncs, dances, or |
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otherwise performs for an audience. |
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(4) "Sexually [, "sexually] oriented business" means: |
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(A) a sex parlor, nude studio, modeling studio, |
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love parlor, adult bookstore, adult movie theater, adult video |
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arcade, adult movie arcade, adult video store, adult motel, or |
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other commercial enterprise the primary business of which is the |
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offering of a service or the selling, renting, or exhibiting of |
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devices or any other items intended to provide sexual stimulation |
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or sexual gratification to the customer; or |
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(B) a business that provides for an audience of |
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two or more individuals an erotic performance. |
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SECTION 9. Subchapter B, Chapter 43, Penal Code, is amended |
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by adding Section 43.28 to read as follows: |
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Sec. 43.28. CERTAIN EROTIC PERFORMANCES PROHIBITED. (a) |
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In this section: |
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(1) "Biological sex" means the physical condition of |
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being male or female as determined by the sex organs, chromosomes, |
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and endogenous profile of the individual at birth. |
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(2) "Erotic performance" means an act that is |
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performed with the intent to or in such a way that a reasonable |
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person would conclude the act is intended to, likely to, or would |
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naturally cause arousal or gratify the sexual desire of any person |
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or to otherwise appeal to the prurient interest of any person in sex |
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or nudity, including an act: |
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(A) depicting a sex act, including depicting a |
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sex act while nude; |
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(B) involving the progressive removal of |
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clothing or the placement of money into undergarments; and |
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(C) in which a person exhibits a sex or gender |
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that is different than the person's biological sex, using clothing, |
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makeup, or other physical markers, and sings, lip-syncs, dances, or |
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otherwise performs for an audience. |
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(b) A person commits an offense if the person engages in an |
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erotic performance in a location where the performance is |
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reasonably likely to be viewed by a person younger than 18 years of |
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age. |
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(c) An offense under this section is a felony of the third |
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degree. |
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SECTION 10. This Act takes effect September 1, 2023. |