Texas 2009 - 81st Regular

Texas House Bill HB2070 Compare Versions

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1	1	81R22055 ATP-D
2	2	By: Cohen, Anchia, Dukes, Pitts, Hartnett, H.B. No. 2070
3	3	et al.
4	4	Substitute the following for H.B. No. 2070:
5	5	By: Oliveira C.S.H.B. No. 2070
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the fee based on admissions to certain sexually
11	11	oriented businesses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 47.052, Business & Commerce Code, is
14	14	amended by amending Subsection (a) and adding Subsection (a-1) to
15	15	read as follows:
16	16	(a) A fee is imposed on a sexually oriented business in an
17	17	amount equal to $3 [$5] for each entry by each customer admitted to
18	18	the business.
19	19	(a-1) For purposes of Section 151.007, Tax Code, the amount
20	20	of a fee imposed under this section is not considered part of the
21	21	sales price of the service for which the sales tax is otherwise
22	22	imposed or part of the receipts of a sexually oriented business.
23	23	SECTION 2. Section 47.054, Business & Commerce Code, is
24	24	amended to read as follows:
25	25	Sec. 47.054. ALLOCATION OF [CERTAIN] REVENUE FOR SEXUAL
26	26	ASSAULT PROGRAMS. The comptroller shall deposit the amount [first
27	27	$25 million] received from the fee imposed under this subchapter
28	28	[in a state fiscal biennium] to the credit of the sexual assault
29	29	program fund.
30	30	SECTION 3. Subchapter B, Chapter 47, Business & Commerce
31	31	Code, is amended by adding Section 47.057 to read as follows:
32	32	Sec. 47.057. COMPTROLLER REPORT. (a) The comptroller
33	33	shall submit quarterly reports to the chairs of the senate finance
34	34	and the house of representatives appropriations committees
35	35	regarding the fee collected by the comptroller under this
36	36	subchapter. The report must include the amounts collected under
37	37	this subchapter during the preceding quarter and any other
38	38	information the comptroller considers appropriate.
39	39	(b) The comptroller may require a sexually oriented
40	40	business to provide information as necessary for the comptroller's
41	41	compliance with the reporting requirement under this section.
42	42	SECTION 4. Section 7, Chapter 1206 (H.B. 1751), Acts of the
43	43	80th Legislature, Regular Session, 2007, is amended by amending
44	44	Subsections (a) and (b) to read as follows:
45	45	(a) The Sexual Assault Advisory Council is established to:
46	46	(1) serve as an information clearinghouse and informal
47	47	coordinator of existing and future sexual assault programming
48	48	efforts at state and local levels;
49	49	(2) report to the governor and the 81st Legislature
50	50	the results of actions taken by the 80th Legislature on any gaps
51	51	with respect to research, prevention, response and other victims'
52	52	services, adjudication, and incarceration at state and local
53	53	levels;
54	54	(3) develop recommendations for appropriate
55	55	performance measures that enable the governor and the legislature
56	56	to biennially assess and respond to the status of sexual assault in
57	57	this state; [and]
58	58	(4) report to the 81st Legislature on the
59	59	effectiveness of appropriations made in this Act and other sexual
60	60	assault legislation passed by the 80th Legislature;
61	61	(5) biennially report to the legislature on the cost
62	62	of sexual assault to the State of Texas and major local
63	63	jurisdictions;
64	64	(6) develop a statewide, multiyear strategy for
65	65	eradication of sexual assault in Texas; and
66	66	(7) make recommendations regarding the improvement of
67	67	public safety in and around adult cabarets, particularly regarding
68	68	sex and drug infractions.
69	69	(b) The Sexual Assault Advisory Council is composed of
70	70	representatives designated by the attorney general from state
71	71	agencies that receive sexual assault-related appropriations in the
72	72	General Appropriations Act and from the Texas Alcoholic Beverage
73	73	Commission.
74	74	SECTION 5. Not later than November 1, 2010, the attorney
75	75	general, through the Sexual Assault Advisory Council established by
76	76	Chapter 1206 (H.B. 1751), Acts of the 80th Legislature, Regular
77	77	Session, 2007, shall conduct the following studies for inclusion in
78	78	a comprehensive strategic report that the attorney general shall
79	79	submit to the 82nd Legislature:
80	80	(1) research relating to perpetrators of sexual
81	81	assault;
82	82	(2) research relating to women entertainers and the
83	83	incidence of underage dancing;
84	84	(3) a special study on sexually oriented businesses;
85	85	and
86	86	(4) a study regarding revenue for and costs of sexual
87	87	assault in this state.
88	88	SECTION 6. (a) The comptroller of public accounts shall
89	89	collect the fee imposed under Section 47.052, Business & Commerce
90	90	Code, as amended by this Act, until a court, in a final judgment
91	91	upheld on appeal or no longer subject to appeal, finds Section
92	92	47.052, Business & Commerce Code, to be unconstitutional.
93	93	(b) If a court, in a final judgment upheld on appeal or no
94	94	longer subject to appeal, finds Section 47.052, Business & Commerce
95	95	Code, as amended by this Act, to be unconstitutional, the
96	96	comptroller of public accounts shall develop procedures for
97	97	equitable and timely distributions of refunds of amounts collected
98	98	by the comptroller pursuant to that section to persons who paid the
99	99	fee imposed under that section. A rule of the comptroller of public
100	100	accounts relating to the maximum amount of refund that may be paid
101	101	to a person during a fiscal biennium does not apply.
102	102	(c) The attorney general shall promptly notify the
103	103	comptroller of public accounts of a court finding described by this
104	104	section.
105	105	SECTION 7. Sections 47.055 and 47.0551, Business & Commerce
106	106	Code, are repealed.
107	107	SECTION 8. The changes in law made by this Act apply only to
108	108	a fee imposed for the admission of a customer to a sexually oriented
109	109	business on or after the effective date of this Act.
110	110	SECTION 9. This Act takes effect immediately if it receives
111	111	a vote of two-thirds of all the members elected to each house, as
112	112	provided by Section 39, Article III, Texas Constitution. If this
113	113	Act does not receive the vote necessary for immediate effect, this
114	114	Act takes effect September 1, 2009.