81R4584 NC-D
By: Nelson S.B. No. 707
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. Subchapter B, Chapter 51, Labor Code, is amended
by adding Section 51.016 to read as follows:
Sec. 51.016. SEXUALLY ORIENTED BUSINESSES. (a) In this
section, "sexually oriented business" has the meaning assigned by
Section 243.002, Local Government Code.
(b) A sexually oriented business may not employ a child.
(c) 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 premises of the business.
(d) A proof of identification satisfies the requirements of
Subsection (c) 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.
(e) The form of identification under Subsection (c) 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.
(f) A sexually oriented business shall maintain a record
under this section for at least two years after the date the
employee or independent contractor ends employment with or a
contractual obligation to the business.
(g) The requirements of Subsections (c) and (f) 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.
(h) The commission, the attorney general, or a local law
enforcement agency may inspect a record maintained under this
section if there is good reason to believe that a child is employed
or has been employed by the sexually oriented business within the
two years preceding the date of the inspection.
(i) A person commits an offense if the person:
(1) fails to maintain a record as required by this
section; or
(2) knowingly or intentionally hinders an inspection
authorized under Subsection (h).
SECTION 2. This Act takes effect September 1, 2009.