Texas 2009 81st Regular

Texas Senate Bill SB707 Senate Committee Report / Bill

Filed 02/01/2025

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                    By: Nelson, Deuell S.B. No. 707
 (In the Senate - Filed February 6, 2009; February 25, 2009,
 read first time and referred to Committee on Criminal Justice;
 March 30, 2009, reported adversely, with favorable Committee
 Substitute by the following vote: Yeas 6, Nays 0; March 30, 2009,
 sent to printer.)
 COMMITTEE SUBSTITUTE FOR S.B. No. 707 By: Whitmire


 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 an
 individual younger than 18 years of age.
 (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 an individual
 younger than 18 years of age 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.
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