| 1 | 1 | | 81R345 NC-D |
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| 2 | 2 | | By: Jackson H.B. No. 1034 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring a sexually oriented business to maintain |
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| 8 | 8 | | certain photographic identification records; providing a criminal |
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| 9 | 9 | | penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 102, Business & Commerce Code, as |
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| 12 | 12 | | effective April 1, 2009, is amended by adding Section 102.0031 to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 102.0031. REQUIREMENT TO MAINTAIN PHOTOGRAPHIC |
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| 15 | 15 | | IDENTIFICATION RECORDS. (a) A sexually oriented business shall |
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| 16 | 16 | | maintain at the business a record that contains a copy of a valid |
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| 17 | 17 | | proof of identification of each employee or independent contractor |
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| 18 | 18 | | working at the business. |
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| 19 | 19 | | (b) A proof of identification satisfies the requirements of |
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| 20 | 20 | | Subsection (a) if the identification: |
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| 21 | 21 | | (1) contains a physical description and photograph |
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| 22 | 22 | | consistent with the person's appearance; |
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| 23 | 23 | | (2) contains the date of birth of the person; and |
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| 24 | 24 | | (3) was issued by a government agency. |
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| 25 | 25 | | (c) The form of identification under Subsection (a) may |
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| 26 | 26 | | include: |
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| 27 | 27 | | (1) a driver's license issued by this state or another |
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| 28 | 28 | | state; |
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| 29 | 29 | | (2) a passport; or |
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| 30 | 30 | | (3) an identification card issued by this or another |
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| 31 | 31 | | state or the federal government. |
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| 32 | 32 | | (d) A sexually oriented business shall maintain a record |
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| 33 | 33 | | under this section for at least five years after the date the |
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| 34 | 34 | | employee or independent contractor ends employment with or a |
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| 35 | 35 | | contractual obligation to the business. |
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| 36 | 36 | | (e) The requirements of this section do not apply with |
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| 37 | 37 | | regard to an independent contractor who contracts with a sexually |
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| 38 | 38 | | oriented business solely to perform repair, maintenance, or |
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| 39 | 39 | | construction services at the business. |
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| 40 | 40 | | SECTION 2. Section 102.005(b), Business & Commerce Code, as |
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| 41 | 41 | | effective April 1, 2009, is amended to read as follows: |
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| 42 | 42 | | (b) A sexually oriented business commits an offense if the |
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| 43 | 43 | | business violates Section 102.003 or 102.0031. |
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| 44 | 44 | | SECTION 3. Chapter 102, Business & Commerce Code, as |
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| 45 | 45 | | effective September 1, 2009, is amended by adding Subchapter C to |
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| 46 | 46 | | read as follows: |
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| 47 | 47 | | SUBCHAPTER C. REQUIREMENT TO MAINTAIN CERTAIN RECORDS |
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| 48 | 48 | | Sec. 102.101. DEFINITION. In this subchapter, "sexually |
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| 49 | 49 | | oriented business" has the meaning assigned by Section 243.002, |
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| 50 | 50 | | Local Government Code. |
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| 51 | 51 | | Sec. 102.102. REQUIREMENT TO MAINTAIN PHOTOGRAPHIC |
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| 52 | 52 | | IDENTIFICATION RECORDS. (a) A sexually oriented business shall |
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| 53 | 53 | | maintain at the business a record that contains a copy of a valid |
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| 54 | 54 | | proof of identification of each employee or independent contractor |
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| 55 | 55 | | working at the business. |
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| 56 | 56 | | (b) A proof of identification satisfies the requirements of |
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| 57 | 57 | | Subsection (a) if the identification: |
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| 58 | 58 | | (1) contains a physical description and photograph |
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| 59 | 59 | | consistent with the person's appearance; |
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| 60 | 60 | | (2) contains the date of birth of the person; and |
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| 61 | 61 | | (3) was issued by a government agency. |
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| 62 | 62 | | (c) The form of identification under Subsection (a) may |
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| 63 | 63 | | include: |
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| 64 | 64 | | (1) a driver's license issued by this state or another |
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| 65 | 65 | | state; |
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| 66 | 66 | | (2) a passport; or |
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| 67 | 67 | | (3) an identification card issued by this or another |
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| 68 | 68 | | state or the federal government. |
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| 69 | 69 | | (d) A sexually oriented business shall maintain a record |
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| 70 | 70 | | under this section for at least five years after the date the |
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| 71 | 71 | | employee or independent contractor ends employment with or a |
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| 72 | 72 | | contractual obligation to the business. |
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| 73 | 73 | | (e) The requirements of this section do not apply with |
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| 74 | 74 | | regard to an independent contractor who contracts with a sexually |
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| 75 | 75 | | oriented business solely to perform repair, maintenance, or |
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| 76 | 76 | | construction services at the business. |
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| 77 | 77 | | Sec. 102.103. CRIMINAL PENALTY. (a) A sexually oriented |
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| 78 | 78 | | business commits an offense if the business violates Section |
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| 79 | 79 | | 102.102. |
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| 80 | 80 | | (b) An offense under this section is a Class A misdemeanor. |
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| 81 | 81 | | SECTION 4. (a) Sections 1 and 2 of this Act take effect only |
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| 82 | 82 | | if the Act of the 81st Legislature, Regular Session, 2009, relating |
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| 83 | 83 | | to nonsubstantive additions to and corrections in existing codes |
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| 84 | 84 | | does not become law. |
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| 85 | 85 | | (b) Section 3 of this Act takes effect only if the Act of |
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| 86 | 86 | | the 81st Legislature, Regular Session, 2009, relating to |
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| 87 | 87 | | nonsubstantive additions to and corrections in existing codes |
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| 88 | 88 | | becomes law. |
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| 89 | 89 | | SECTION 5. This Act takes effect September 1, 2009. |
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