81R22055 ATP-D
By: Cohen, Anchia, Dukes, Pitts, Hartnett, H.B. No. 2070
et al.
Substitute the following for H.B. No. 2070:
By: Oliveira C.S.H.B. No. 2070
A BILL TO BE ENTITLED
AN ACT
relating to the fee based on admissions to certain sexually
oriented businesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47.052, Business & Commerce Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) A fee is imposed on a sexually oriented business in an
amount equal to $3 [$5] for each entry by each customer admitted to
the business.
(a-1) For purposes of Section 151.007, Tax Code, the amount
of a fee imposed under this section is not considered part of the
sales price of the service for which the sales tax is otherwise
imposed or part of the receipts of a sexually oriented business.
SECTION 2. Section 47.054, Business & Commerce Code, is
amended to read as follows:
Sec. 47.054. ALLOCATION OF [CERTAIN] REVENUE FOR SEXUAL
ASSAULT PROGRAMS. The comptroller shall deposit the amount [first
$25 million] received from the fee imposed under this subchapter
[in a state fiscal biennium] to the credit of the sexual assault
program fund.
SECTION 3. Subchapter B, Chapter 47, Business & Commerce
Code, is amended by adding Section 47.057 to read as follows:
Sec. 47.057. COMPTROLLER REPORT. (a) The comptroller
shall submit quarterly reports to the chairs of the senate finance
and the house of representatives appropriations committees
regarding the fee collected by the comptroller under this
subchapter. The report must include the amounts collected under
this subchapter during the preceding quarter and any other
information the comptroller considers appropriate.
(b) The comptroller may require a sexually oriented
business to provide information as necessary for the comptroller's
compliance with the reporting requirement under this section.
SECTION 4. Section 7, Chapter 1206 (H.B. 1751), Acts of the
80th Legislature, Regular Session, 2007, is amended by amending
Subsections (a) and (b) to read as follows:
(a) The Sexual Assault Advisory Council is established to:
(1) serve as an information clearinghouse and informal
coordinator of existing and future sexual assault programming
efforts at state and local levels;
(2) report to the governor and the 81st Legislature
the results of actions taken by the 80th Legislature on any gaps
with respect to research, prevention, response and other victims'
services, adjudication, and incarceration at state and local
levels;
(3) develop recommendations for appropriate
performance measures that enable the governor and the legislature
to biennially assess and respond to the status of sexual assault in
this state; [and]
(4) report to the 81st Legislature on the
effectiveness of appropriations made in this Act and other sexual
assault legislation passed by the 80th Legislature;
(5) biennially report to the legislature on the cost
of sexual assault to the State of Texas and major local
jurisdictions;
(6) develop a statewide, multiyear strategy for
eradication of sexual assault in Texas; and
(7) make recommendations regarding the improvement of
public safety in and around adult cabarets, particularly regarding
sex and drug infractions.
(b) The Sexual Assault Advisory Council is composed of
representatives designated by the attorney general from state
agencies that receive sexual assault-related appropriations in the
General Appropriations Act and from the Texas Alcoholic Beverage
Commission.
SECTION 5. Not later than November 1, 2010, the attorney
general, through the Sexual Assault Advisory Council established by
Chapter 1206 (H.B. 1751), Acts of the 80th Legislature, Regular
Session, 2007, shall conduct the following studies for inclusion in
a comprehensive strategic report that the attorney general shall
submit to the 82nd Legislature:
(1) research relating to perpetrators of sexual
assault;
(2) research relating to women entertainers and the
incidence of underage dancing;
(3) a special study on sexually oriented businesses;
and
(4) a study regarding revenue for and costs of sexual
assault in this state.
SECTION 6. (a) The comptroller of public accounts shall
collect the fee imposed under Section 47.052, Business & Commerce
Code, as amended by this Act, until a court, in a final judgment
upheld on appeal or no longer subject to appeal, finds Section
47.052, Business & Commerce Code, to be unconstitutional.
(b) If a court, in a final judgment upheld on appeal or no
longer subject to appeal, finds Section 47.052, Business & Commerce
Code, as amended by this Act, to be unconstitutional, the
comptroller of public accounts shall develop procedures for
equitable and timely distributions of refunds of amounts collected
by the comptroller pursuant to that section to persons who paid the
fee imposed under that section. A rule of the comptroller of public
accounts relating to the maximum amount of refund that may be paid
to a person during a fiscal biennium does not apply.
(c) The attorney general shall promptly notify the
comptroller of public accounts of a court finding described by this
section.
SECTION 7. Sections 47.055 and 47.0551, Business & Commerce
Code, are repealed.
SECTION 8. The changes in law made by this Act apply only to
a fee imposed for the admission of a customer to a sexually oriented
business on or after the effective date of this Act.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.