1 | 1 | | S.B. No. 707 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to requiring a sexually oriented business to maintain |
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6 | 6 | | certain photographic identification records; providing a criminal |
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7 | 7 | | penalty. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Subchapter B, Chapter 51, Labor Code, is amended |
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10 | 10 | | by adding Section 51.016 to read as follows: |
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11 | 11 | | Sec. 51.016. SEXUALLY ORIENTED BUSINESSES. (a) In this |
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12 | 12 | | section, "sexually oriented business" has the meaning assigned by |
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13 | 13 | | Section 243.002, Local Government Code. |
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14 | 14 | | (b) A sexually oriented business may not employ an |
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15 | 15 | | individual younger than 18 years of age. |
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16 | 16 | | (c) A sexually oriented business shall maintain at the |
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17 | 17 | | business a record that contains a copy of a valid proof of |
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18 | 18 | | identification of each employee or independent contractor working |
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19 | 19 | | at the premises of the business. |
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20 | 20 | | (d) A proof of identification satisfies the requirements of |
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21 | 21 | | Subsection (c) if the identification: |
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22 | 22 | | (1) contains a physical description and photograph |
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23 | 23 | | consistent with the person's appearance; |
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24 | 24 | | (2) contains the date of birth of the person; and |
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25 | 25 | | (3) was issued by a government agency. |
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26 | 26 | | (e) The form of identification under Subsection (c) may |
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27 | 27 | | include: |
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28 | 28 | | (1) a driver's license issued by this state or another |
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29 | 29 | | state; |
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30 | 30 | | (2) a passport; or |
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31 | 31 | | (3) an identification card issued by this or another |
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32 | 32 | | state or the federal government. |
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33 | 33 | | (f) A sexually oriented business shall maintain a record |
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34 | 34 | | under this section for at least two years after the date the |
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35 | 35 | | employee or independent contractor ends employment with or a |
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36 | 36 | | contractual obligation to the business. |
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37 | 37 | | (g) The requirements of Subsections (c) and (f) do not apply |
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38 | 38 | | with regard to an independent contractor who contracts with a |
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39 | 39 | | sexually oriented business solely to perform repair, maintenance, |
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40 | 40 | | or construction services at the business. |
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41 | 41 | | (h) The commission, the attorney general, or a local law |
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42 | 42 | | enforcement agency may inspect a record maintained under this |
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43 | 43 | | section if there is good reason to believe that an individual |
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44 | 44 | | younger than 18 years of age is employed or has been employed by the |
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45 | 45 | | sexually oriented business within the two years preceding the date |
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46 | 46 | | of the inspection. |
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47 | 47 | | (i) A person commits an offense if the person: |
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48 | 48 | | (1) fails to maintain a record as required by this |
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49 | 49 | | section; or |
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50 | 50 | | (2) knowingly or intentionally hinders an inspection |
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51 | 51 | | authorized under Subsection (h). |
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52 | 52 | | SECTION 2. This Act takes effect September 1, 2009. |
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53 | 53 | | ______________________________ ______________________________ |
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54 | 54 | | President of the Senate Speaker of the House |
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55 | 55 | | I hereby certify that S.B. No. 707 passed the Senate on |
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56 | 56 | | April 9, 2009, by the following vote: Yeas 31, Nays 0. |
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57 | 57 | | ______________________________ |
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58 | 58 | | Secretary of the Senate |
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59 | 59 | | I hereby certify that S.B. No. 707 passed the House on |
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60 | 60 | | May 26, 2009, by the following vote: Yeas 144, Nays 0, one present |
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61 | 61 | | not voting. |
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62 | 62 | | ______________________________ |
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63 | 63 | | Chief Clerk of the House |
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64 | 64 | | Approved: |
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65 | 65 | | ______________________________ |
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66 | 66 | | Date |
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67 | 67 | | ______________________________ |
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68 | 68 | | Governor |
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