S.B. No. 707
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 707 passed the Senate on
April 9, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 707 passed the House on
May 26, 2009, by the following vote: Yeas 144, Nays 0, one present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor