81R345 NC-D
By: Jackson H.B. No. 1034
A BILL TO BE ENTITLED
AN ACT
relating to requiring a sexually oriented business to maintain
certain photographic identification records; providing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 102, Business & Commerce Code, as
effective April 1, 2009, is amended by adding Section 102.0031 to
read as follows:
Sec. 102.0031. REQUIREMENT TO MAINTAIN PHOTOGRAPHIC
IDENTIFICATION RECORDS. (a) A sexually oriented business shall
maintain at the business a record that contains a copy of a valid
proof of identification of each employee or independent contractor
working at the business.
(b) A proof of identification satisfies the requirements of
Subsection (a) if the identification:
(1) contains a physical description and photograph
consistent with the person's appearance;
(2) contains the date of birth of the person; and
(3) was issued by a government agency.
(c) The form of identification under Subsection (a) may
include:
(1) a driver's license issued by this state or another
state;
(2) a passport; or
(3) an identification card issued by this or another
state or the federal government.
(d) A sexually oriented business shall maintain a record
under this section for at least five years after the date the
employee or independent contractor ends employment with or a
contractual obligation to the business.
(e) The requirements of this section do not apply with
regard to an independent contractor who contracts with a sexually
oriented business solely to perform repair, maintenance, or
construction services at the business.
SECTION 2. Section 102.005(b), Business & Commerce Code, as
effective April 1, 2009, is amended to read as follows:
(b) A sexually oriented business commits an offense if the
business violates Section 102.003 or 102.0031.
SECTION 3. Chapter 102, Business & Commerce Code, as
effective September 1, 2009, is amended by adding Subchapter C to
read as follows:
SUBCHAPTER C. REQUIREMENT TO MAINTAIN CERTAIN RECORDS
Sec. 102.101. DEFINITION. In this subchapter, "sexually
oriented business" has the meaning assigned by Section 243.002,
Local Government Code.
Sec. 102.102. REQUIREMENT TO MAINTAIN PHOTOGRAPHIC
IDENTIFICATION RECORDS. (a) A sexually oriented business shall
maintain at the business a record that contains a copy of a valid
proof of identification of each employee or independent contractor
working at the business.
(b) A proof of identification satisfies the requirements of
Subsection (a) if the identification:
(1) contains a physical description and photograph
consistent with the person's appearance;
(2) contains the date of birth of the person; and
(3) was issued by a government agency.
(c) The form of identification under Subsection (a) may
include:
(1) a driver's license issued by this state or another
state;
(2) a passport; or
(3) an identification card issued by this or another
state or the federal government.
(d) A sexually oriented business shall maintain a record
under this section for at least five years after the date the
employee or independent contractor ends employment with or a
contractual obligation to the business.
(e) The requirements of this section do not apply with
regard to an independent contractor who contracts with a sexually
oriented business solely to perform repair, maintenance, or
construction services at the business.
Sec. 102.103. CRIMINAL PENALTY. (a) A sexually oriented
business commits an offense if the business violates Section
102.102.
(b) An offense under this section is a Class A misdemeanor.
SECTION 4. (a) Sections 1 and 2 of this Act take effect only
if the Act of the 81st Legislature, Regular Session, 2009, relating
to nonsubstantive additions to and corrections in existing codes
does not become law.
(b) Section 3 of this Act takes effect only if the Act of
the 81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in existing codes
becomes law.
SECTION 5. This Act takes effect September 1, 2009.