Texas 2015 - 84th Regular

Texas Senate Bill SB1653 Compare Versions

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Old	New	Differences
1	1	84R9309 NC-D
2	2	By: Taylor of Collin S.B. No. 1653
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of owners, operators, employees, and
8	8	independent contractors of sexually oriented businesses to reduce
9	9	risks to public and occupational health and to prevent human
10	10	trafficking; requiring an occupational license; imposing fees;
11	11	providing civil penalties; creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The legislature finds that:
14	14	(1) human trafficking is an affront to the rights and
15	15	liberties of free people and an anathema to the living principles
16	16	enshrined within the United States Constitution and the Texas
17	17	Constitution;
18	18	(2) human trafficking is a form of modern-day slavery,
19	19	where human beings are traded for sexual exploitation or forced
20	20	labor;
21	21	(3) the moral problem of human trafficking exists in
22	22	Texas, where the United States Department of Justice identified the
23	23	Interstate 10 corridor as the number one human trafficking route in
24	24	the United States, with as many as one out of four victims passing
25	25	through Texas;
26	26	(4) human trafficking in Texas has been known to occur
27	27	in strip clubs, spas, massage parlors, modeling studios, and adult
28	28	theaters;
29	29	(5) the Internet and other technologies are being used
30	30	to facilitate human trafficking;
31	31	(6) demand for commercial sex fuels the criminal
32	32	enterprise of human trafficking;
33	33	(7) human trafficking in Texas involves the
34	34	disproportionate exploitation of children; and
35	35	(8) the legislature has a justified interest in
36	36	leveraging the full power of the state toward the curtailment and
37	37	eradication of practices enabling human trafficking.
38	38	SECTION 2. Subtitle D, Title 13, Occupations Code, is
39	39	amended by adding Chapter 2159 to read as follows:
40	40	CHAPTER 2159. SEXUALLY ORIENTED BUSINESSES
41	41	SUBCHAPTER A. GENERAL PROVISIONS
42	42	Sec. 2159.001. DEFINITIONS. In this chapter:
43	43	(1) "Commission" means the Public Safety Commission.
44	44	(2) "Department" means the Department of Public
45	45	Safety.
46	46	(3) "License holder" means a person who holds a
47	47	license issued under this chapter.
48	48	(4) "Sexually oriented business" has the meaning
49	49	assigned by Section 243.002, Local Government Code.
50	50	Sec. 2159.002. ADMINISTRATION BY DEPARTMENT OF PUBLIC
51	51	SAFETY. The department shall administer this chapter.
52	52	Sec. 2159.003. MUNICIPAL AND COUNTY REGULATION. This
53	53	chapter is in addition to any municipal or county regulation. To
54	54	the extent of a conflict between this chapter and a municipal or
55	55	county regulation, this chapter controls.
56	56	Sec. 2159.004. EXEMPTIONS. (a) This chapter does not apply
57	57	to:
58	58	(1) a business operated by or employing a licensed
59	59	psychologist, licensed physical therapist, licensed massage
60	60	therapist, licensed vocational nurse, registered nurse, licensed
61	61	athletic trainer, licensed cosmetologist, or licensed barber
62	62	engaged only in performing the normal and customary functions
63	63	authorized under the license;
64	64	(2) a business operated by or employing a licensed
65	65	physician or licensed chiropractor engaged in practicing the
66	66	healing arts;
67	67	(3) a retail establishment whose principal business is
68	68	the offering of wearing apparel for sale to customers and that does
69	69	not exhibit merchandise on live models;
70	70	(4) an activity conducted or sponsored:
71	71	(A) by a proprietary school licensed by this
72	72	state or a state-supported junior college or institution of higher
73	73	education; or
74	74	(B) by a private institution of higher education
75	75	that maintains or operates educational programs in which credits
76	76	are transferable to a state-supported junior college or institution
77	77	of higher education;
78	78	(5) a person licensed as an occupational therapist
79	79	under Chapter 454;
80	80	(6) a person who is providing a repair, maintenance,
81	81	air conditioning, or delivery service on the premises of a sexually
82	82	oriented business; or
83	83	(7) a nonsexual nudist camp.
84	84	(b) An activity conducted or sponsored by an entity
85	85	identified in Subsection (a)(4):
86	86	(1) must be in a structure that does not have a sign or
87	87	other advertising visible from the exterior of the structure
88	88	indicating that a nude person is available for viewing;
89	89	(2) must require that, to participate in the activity
90	90	or conduct of a class, a student must enroll in the class at least
91	91	three days in advance of the class; and
92	92	(3) may not have more than one nude model on the
93	93	premises at any time.
94	94	SUBCHAPTER B. POWERS AND DUTIES
95	95	Sec. 2159.051. FEES. (a) The department shall set fees in
96	96	an amount sufficient to cover the cost of administering this
97	97	chapter.
98	98	(b) The department shall reimburse sheriff's departments
99	99	for the cost of processing license applications and issuing license
100	100	cards or certificates under this chapter.
101	101	Sec. 2159.052. RULES. (a) The commission shall adopt rules
102	102	necessary to administer and enforce this chapter.
103	103	(b) Rules adopted under this section must:
104	104	(1) seek to identify and prevent human trafficking
105	105	through sexually oriented businesses; and
106	106	(2) establish public and occupational health
107	107	standards for sexually oriented businesses that may relate to:
108	108	(A) the supervision of public health and
109	109	occupational health risks at all times during the operation of a
110	110	sexually oriented business;
111	111	(B) the proper safeguards for sanitation, public
112	112	health, and occupational health in the operation of a sexually
113	113	oriented business or in the conduct of an employee on the premises
114	114	of a sexually oriented business; and
115	115	(C) the inspection of a sexually oriented
116	116	business for public health risks, occupational health risks, and
117	117	other violations of this chapter.
118	118	Sec. 2159.053. RECORDS DISCLOSURE; CONFIDENTIALITY. (a)
119	119	The department shall disclose to a law enforcement agency
120	120	information contained in the department's files and records
121	121	regarding whether a named individual is licensed under this
122	122	chapter.
123	123	(b) Except as otherwise provided by this section, all
124	124	records maintained under this chapter regarding an applicant or
125	125	license holder are confidential and are not subject to mandatory
126	126	disclosure under Chapter 552, Government Code, except that an
127	127	applicant or license holder may be furnished a copy of disclosable
128	128	records regarding that applicant or license holder on request and
129	129	the payment of a reasonable fee.
130	130	Sec. 2159.054. HUMAN TRAFFICKING EDUCATIONAL COURSE. (a)
131	131	The commission by rule shall establish the content of and approval
132	132	requirements for the human trafficking educational course an
133	133	applicant is required to take to be eligible for a license under
134	134	Section 2159.105.
135	135	(b) In adopting the rules, the commission shall establish a
136	136	task force to collaborate with nonprofit organizations designated
137	137	by the department to develop the content for the course. The
138	138	department shall make the course available to applicants through
139	139	the department's Internet website.
140	140	SUBCHAPTER C. LICENSE REQUIREMENTS
141	141	Sec. 2159.101. LICENSE REQUIRED. (a) A person may not own,
142	142	operate, or otherwise engage in a business transaction as an owner
143	143	or operator at a sexually oriented business unless the person holds
144	144	a license under this chapter.
145	145	(b) A person may not employ or hire a person to work at, or
146	146	contract with an independent contractor to work at, a sexually
147	147	oriented business unless the person employed or the independent
148	148	contractor entering into the contract holds a license under this
149	149	chapter.
150	150	(c) A sexually oriented business shall maintain a copy of
151	151	the license of any owner, operator, employee, or independent
152	152	contractor associated with the business for at least 30 days after
153	153	the last day the owner, operator, employee, or independent
154	154	contractor is associated with the business.
155	155	Sec. 2159.102. ISSUANCE OF LICENSE. (a) The department
156	156	shall issue a sexually oriented business license to an applicant
157	157	that meets the requirements of this chapter. The sheriff's
158	158	departments of each county shall assist the department in
159	159	administering the issuance of licenses under this chapter. The
160	160	department shall establish procedures for sheriff's departments to
161	161	accept applications for and to issue license cards or certificates
162	162	issued under this chapter.
163	163	(b) The department may not issue a license under this
164	164	chapter before the fifth day after the date the application for the
165	165	license is submitted to the department.
166	166	(c) The department shall establish separate categories of
167	167	licenses issued under this chapter for:
168	168	(1) an owner or operator of a sexually oriented
169	169	business; and
170	170	(2) an employee of or independent contractor for a
171	171	sexually oriented business.
172	172	(d) A license issued under this chapter is not transferable.
173	173	Sec. 2159.103. FORM OF LICENSE. A license issued to an
174	174	individual under this chapter must be in the form of a card or
175	175	certificate and be capable of being verified as belonging to the
176	176	license holder on inspection by the department or a law enforcement
177	177	agency.
178	178	Sec. 2159.104. LICENSE APPLICATION. (a) A license
179	179	applicant must apply to the department on a form and in the manner
180	180	the department prescribes. A sheriff's department may accept and
181	181	process a license application for the department.
182	182	(b) The application must be accompanied by a nonrefundable
183	183	application fee and any other appropriate fees.
184	184	Sec. 2159.105. ELIGIBILITY FOR LICENSE; INELIGIBILITY DUE
185	185	TO CERTAIN OFFENSES. (a) To be eligible for a license under this
186	186	chapter, an applicant must:
187	187	(1) be at least 18 years of age;
188	188	(2) be a United States citizen or legal resident of the
189	189	United States;
190	190	(3) submit a complete set of fingerprints for purposes
191	191	of obtaining criminal history record information;
192	192	(4) successfully complete a human trafficking
193	193	educational course approved by the department; and
194	194	(5) meet any other requirements approved by the
195	195	department.
196	196	(b) A person is ineligible to be issued a license under this
197	197	chapter if the person has been convicted of:
198	198	(1) an offense under Section 20A.02, Penal Code
199	199	(trafficking of persons);
200	200	(2) an offense under Section 43.25, Penal Code (sexual
201	201	performance by a child);
202	202	(3) prostitution;
203	203	(4) promotion of prostitution;
204	204	(5) aggravated promotion of prostitution;
205	205	(6) compelling prostitution;
206	206	(7) obscenity;
207	207	(8) sale, distribution, or display of harmful material
208	208	to a minor;
209	209	(9) possession of child pornography;
210	210	(10) public lewdness;
211	211	(11) indecent exposure;
212	212	(12) indecency with a child;
213	213	(13) sexual assault or aggravated sexual assault;
214	214	(14) incest, including an offense under Section 25.02,
215	215	Penal Code (prohibited sexual conduct); or
216	216	(15) harboring a runaway child.
217	217	Sec. 2159.106. LICENSE EXPIRATION AND RENEWAL. (a) An
218	218	initial license expires on the 180th day after the date the license
219	219	was issued. The first renewal of an initial license expires on the
220	220	first anniversary of the date the initial license was issued.
221	221	Subsequent renewals of the license expire on the first anniversary
222	222	of the date the license was renewed.
223	223	(b) A person who is otherwise eligible to renew a license
224	224	may renew an unexpired license by paying the required renewal fee to
225	225	the department before the expiration date of the license. A person
226	226	whose license has expired may not engage in activities that require
227	227	a license until the license is renewed.
228	228	(c) A person whose license has been expired for 90 days or
229	229	less may renew the license by paying to the department a renewal fee
230	230	that is equal to 1-1/2 times the normally required renewal fee.
231	231	(d) A person whose license has been expired for more than 90
232	232	days but less than one year may renew the license by paying to the
233	233	department a renewal fee that is equal to two times the normally
234	234	required renewal fee.
235	235	(e) A person whose license has been expired for one year or
236	236	more may not renew the license. The person may obtain a new license
237	237	by complying with the requirements and procedures for obtaining an
238	238	original license.
239	239	Sec. 2159.107. NOTICE OF RENEWAL. Not later than the 30th
240	240	day before the date a person's license is scheduled to expire, the
241	241	department shall send written notice of the impending expiration to
242	242	the person at the person's last known address according to the
243	243	records of the department.
244	244	Sec. 2159.108. LICENSE AVAILABILITY FOR INSPECTION. (a)
245	245	An owner, operator, employee, or independent contractor licensed
246	246	under this chapter must have the person's license available for
247	247	inspection by the department or a law enforcement agency at the
248	248	premises of the sexually oriented business when conducting business
249	249	or working at the sexually oriented business.
250	250	(b) In a prosecution for a violation under this section, a
251	251	presumption exists that the owner, operator, employee, or
252	252	independent contractor did not have a license issued under this
253	253	chapter if the license is not at the premises of the business as
254	254	required by this section.
255	255	SUBCHAPTER D. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
256	256	Sec. 2159.151. ADMINISTRATIVE SANCTIONS. (a) The
257	257	department shall revoke, suspend, or refuse to issue or renew a
258	258	license or shall reprimand a license holder for a violation of this
259	259	chapter or a rule adopted under this chapter.
260	260	(b) The department may place on probation a person whose
261	261	license is suspended. If a license suspension is probated, the
262	262	department may require the person:
263	263	(1) to report regularly to the department on matters
264	264	that are the basis of the probation;
265	265	(2) to limit business activities to the areas
266	266	prescribed by the department; or
267	267	(3) to continue or review professional education until
268	268	the person attains a degree of skill satisfactory to the department
269	269	in those areas that are the basis of the probation.
270	270	Sec. 2159.152. COMPLAINTS. Any person may file a complaint
271	271	with the department alleging a violation of this chapter or a rule
272	272	adopted under this chapter.
273	273	Sec. 2159.153. PROHIBITED ACTIONS. A license holder may
274	274	not:
275	275	(1) obtain a license by means of fraud,
276	276	misrepresentation, or concealment of a material fact;
277	277	(2) sell, barter, or offer to sell or barter a license;
278	278	or
279	279	(3) engage in unprofessional conduct that endangers or
280	280	is likely to endanger the health, welfare, or safety of the public
281	281	as defined by a commission rule.
282	282	Sec. 2159.154. MONITORING OF LICENSE HOLDER; RULES. (a)
283	283	The commission by rule may develop a system for monitoring a license
284	284	holder's compliance with this chapter.
285	285	(b) Rules adopted under this section may include procedures
286	286	to:
287	287	(1) monitor for compliance a license holder who is
288	288	ordered by the department to perform certain acts; and
289	289	(2) identify and monitor license holders who represent
290	290	a risk to the public.
291	291	Sec. 2159.155. LICENSE DENIAL, REVOCATION, OR SUSPENSION
292	292	FOR CRIMINAL CONVICTION. (a) The department may deny a license
293	293	application or request for renewal, or may suspend or revoke a
294	294	license, if the applicant or license holder has been convicted of:
295	295	(1) a felony; or
296	296	(2) a misdemeanor involving:
297	297	(A) prostitution;
298	298	(B) promotion of prostitution;
299	299	(C) obscenity;
300	300	(D) sale, distribution, or display of harmful
301	301	material to a minor;
302	302	(E) public lewdness;
303	303	(F) indecent exposure; or
304	304	(G) harboring a runaway child.
305	305	(b) The department may take action authorized by this
306	306	section:
307	307	(1) after the time for appeal of the person's
308	308	conviction has elapsed;
309	309	(2) after the judgment or conviction has been affirmed
310	310	on appeal; or
311	311	(3) on issuance of an order granting probation and
312	312	suspending the imposition of the person's sentence, without regard
313	313	to whether a subsequent order:
314	314	(A) allows withdrawal of a plea of guilty;
315	315	(B) sets aside a verdict of guilty; or
316	316	(C) dismisses an information or indictment.
317	317	(c) A plea or verdict of guilty or a conviction following a
318	318	plea of nolo contendere is a conviction for purposes of this
319	319	section.
320	320	Sec. 2159.156. SCHEDULE OF SANCTIONS; RULES. The
321	321	department shall use the schedule of sanctions adopted by
322	322	commission rule for any sanction imposed as the result of a hearing
323	323	conducted by the department.
324	324	Sec. 2159.157. REINSTATEMENT. (a) A person may apply for
325	325	reinstatement of a revoked license on or after the first
326	326	anniversary of the date of revocation.
327	327	(b) The department may accept or reject the application.
328	328	Sec. 2159.158. EMERGENCY SUSPENSION. (a) The department
329	329	or a three-member committee of members designated by the department
330	330	shall temporarily suspend the license of a license holder if the
331	331	department or committee determines from the evidence or information
332	332	presented to it that continued practice by the license holder would
333	333	constitute a continuing and imminent threat to the public health or
334	334	welfare.
335	335	(b) A license may be suspended under this section without
336	336	notice or hearing on the complaint if:
337	337	(1) action is taken to initiate proceedings for a
338	338	hearing before the State Office of Administrative Hearings
339	339	simultaneously with the temporary suspension; and
340	340	(2) a hearing is held as soon as practicable under this
341	341	chapter and Chapter 2001, Government Code.
342	342	(c) The State Office of Administrative Hearings shall hold a
343	343	preliminary hearing not later than the 14th day after the date of
344	344	the temporary suspension to determine if there is probable cause to
345	345	believe that a continuing and imminent threat to the public health
346	346	or welfare still exists. A final hearing on the matter shall be
347	347	held not later than the 61st day after the date of the temporary
348	348	suspension.
349	349	SUBCHAPTER E. PENALTIES AND OTHER ENFORCEMENT PROCEDURES
350	350	Sec. 2159.201. INJUNCTION. The department may apply to a
351	351	district court in any county for an injunction or another order to
352	352	restrain the violation of this chapter by a person other than a
353	353	license holder under this chapter.
354	354	Sec. 2159.202. CRIMINAL OFFENSES. (a) A person commits an
355	355	offense if the person violates Section 2159.101.
356	356	(b) A person commits an offense if the person:
357	357	(1) works as an employee or independent contractor for
358	358	a sexually oriented business; and
359	359	(2) does not have a license issued under this chapter.
360	360	(c) An offense under Subsection (a) is a Class A
361	361	misdemeanor. An offense under Subsection (b) is a Class C
362	362	misdemeanor.
363	363	(d) On a finding by a justice or municipal court that an
364	364	individual has committed an offense under Subsection (b), the court
365	365	has jurisdiction to enter an order, in lieu of a fine, that requires
366	366	the individual to perform community service for a nonprofit
367	367	organization.
368	368	(e) A justice or municipal court shall dismiss the complaint
369	369	against an individual alleging that the individual committed an
370	370	offense under Subsection (b) if the court finds that the
371	371	individual has successfully complied with the conditions imposed on
372	372	the individual by the court under Subsection (d).
373	373	Sec. 2159.203. CIVIL PENALTY. (a) A person who violates
374	374	Section 2159.101 is liable to the state for a civil penalty in an
375	375	amount not to exceed $1,000 for each violation. Each day a
376	376	violation occurs is a separate violation.
377	377	(b) The attorney general, a district attorney, or a county
378	378	attorney may institute an action to recover a civil penalty under
379	379	this section. Venue for the action is a district court in Travis
380	380	County or the county in which the person who is alleged to have
381	381	violated Section 2159.101 resides.
382	382	(c) If the attorney general institutes an action under this
383	383	section, a civil penalty recovered in the action shall be deposited
384	384	in the state treasury to the credit of the general revenue fund. If
385	385	a district or county attorney institutes the action, the penalty
386	386	shall be deposited to the credit of the county's general fund.
387	387	SUBCHAPTER F. ADMINISTRATIVE PENALTY
388	388	Sec. 2159.251. IMPOSITION OF ADMINISTRATIVE PENALTY. The
389	389	department may impose an administrative penalty on a person
390	390	licensed under this chapter who violates Section 2159.101 or a rule
391	391	or order adopted under that section.
392	392	Sec. 2159.252. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The
393	393	amount of the administrative penalty may not be less than $500 or
394	394	more than $20,000 for each violation. Each day a violation
395	395	continues or occurs is a separate violation for the purpose of
396	396	imposing a penalty.
397	397	(b) The amount shall be based on:
398	398	(1) the seriousness of the violation, including the
399	399	nature, circumstances, extent, and gravity of the violation;
400	400	(2) the economic harm caused by the violation;
401	401	(3) the history of previous violations;
402	402	(4) the amount necessary to deter a future violation;
403	403	(5) the risk to public health or occupational health
404	404	posed by the violation;
405	405	(6) efforts to correct the violation; and
406	406	(7) any other matter that justice may require.
407	407	Sec. 2159.253. REPORT AND NOTICE OF VIOLATION AND PENALTY.
408	408	(a) If the department determines that a violation of Section
409	409	2159.101 occurred, the department may issue a report stating:
410	410	(1) the facts on which the determination is based; and
411	411	(2) the department's recommendation on the imposition
412	412	of an administrative penalty, including a recommendation on the
413	413	amount of the penalty.
414	414	(b) Not later than the 14th day after the date the report is
415	415	issued, the department shall give written notice of the report to
416	416	the person. The notice must:
417	417	(1) include a brief summary of the alleged violation;
418	418	(2) state the amount of the recommended administrative
419	419	penalty; and
420	420	(3) inform the person of the person's right to a
421	421	hearing on the occurrence of the violation, the amount of the
422	422	penalty, or both.
423	423	Sec. 2159.254. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
424	424	Not later than the 10th day after the date the person receives the
425	425	notice, the person in writing may:
426	426	(1) accept the determination and recommended
427	427	administrative penalty of the department; or
428	428	(2) make a request for a hearing on the occurrence of
429	429	the violation, the amount of the penalty, or both.
430	430	(b) If the person accepts the determination and recommended
431	431	penalty of the department, the department by order shall approve
432	432	the determination and impose the recommended penalty.
433	433	Sec. 2159.255. HEARING. (a) If the person requests a
434	434	hearing or fails to respond to the notice within the period
435	435	prescribed by Section 2159.254(a), the department shall set a
436	436	hearing and give written notice of the hearing to the person.
437	437	(b) An administrative law judge of the State Office of
438	438	Administrative Hearings shall hold the hearing.
439	439	(c) The administrative law judge shall make findings of fact
440	440	and conclusions of law and promptly issue to the department a
441	441	proposal for a decision about the occurrence of the violation and
442	442	the amount of a proposed administrative penalty.
443	443	Sec. 2159.256. DECISION BY DEPARTMENT. (a) Based on the
444	444	findings of fact, conclusions of law, and proposal for decision,
445	445	the department by order may determine that:
446	446	(1) a violation occurred and impose an administrative
447	447	penalty; or
448	448	(2) a violation did not occur.
449	449	(b) The notice of the department's order given to the person
450	450	must include a statement of the right of the person to judicial
451	451	review of the order.
452	452	Sec. 2159.257. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
453	453	(a) Not later than the 30th day after the date the department's
454	454	order becomes final, the person shall:
455	455	(1) pay the administrative penalty; or
456	456	(2) file a petition for judicial review contesting the
457	457	occurrence of the violation, the amount of the penalty, or both.
458	458	(b) A person who files a petition for judicial review within
459	459	the period prescribed by Subsection (a) may:
460	460	(1) stay enforcement of the penalty by:
461	461	(A) paying the penalty to the court for placement
462	462	in an escrow account; or
463	463	(B) giving the court a supersedeas bond approved
464	464	by the court that:
465	465	(i) is for the amount of the penalty; and
466	466	(ii) is effective until all judicial review
467	467	of the department's order is final; or
468	468	(2) request the court to stay enforcement of the
469	469	penalty by:
470	470	(A) filing with the court a sworn affidavit
471	471	stating that the person is financially unable to pay the penalty and
472	472	is financially unable to give the supersedeas bond; and
473	473	(B) giving a copy of the affidavit to the
474	474	department by certified mail.
475	475	(c) If the department receives a copy of an affidavit under
476	476	Subsection (b)(2), the department may file with the court, not
477	477	later than the fifth day after the date the copy is received, a
478	478	contest to the affidavit.
479	479	(d) The court shall hold a hearing on the facts alleged in
480	480	the affidavit as soon as practicable and shall stay the enforcement
481	481	of the penalty on finding that the alleged facts are true. The
482	482	person who files an affidavit has the burden of proving that the
483	483	person is financially unable to pay the penalty and to give a
484	484	supersedeas bond.
485	485	Sec. 2159.258. COLLECTION OF PENALTY. (a) If the person
486	486	does not pay the administrative penalty and the enforcement of the
487	487	penalty is not stayed, the penalty may be collected.
488	488	(b) The attorney general may sue to collect the penalty.
489	489	Sec. 2159.259. DETERMINATION BY COURT. (a) If the court
490	490	sustains the determination that a violation occurred, the court may
491	491	uphold or reduce the amount of the administrative penalty and order
492	492	the person to pay the full or reduced amount of the penalty.
493	493	(b) If the court does not sustain the finding that a
494	494	violation occurred, the court shall order that a penalty is not
495	495	owed.
496	496	Sec. 2159.260. REMITTANCE OF PENALTY AND INTEREST. (a) If
497	497	the person paid the administrative penalty and if the amount of the
498	498	penalty is reduced or the penalty is not upheld by the court, the
499	499	court shall order, when the court's judgment becomes final, that
500	500	the appropriate amount plus accrued interest be remitted to the
501	501	person.
502	502	(b) The interest accrues at the rate charged on loans to
503	503	depository institutions by the New York Federal Reserve Bank.
504	504	(c) The interest shall be paid for the period beginning on
505	505	the date the penalty is paid and ending on the date the penalty is
506	506	remitted.
507	507	(d) If the person gave a supersedeas bond and the penalty is
508	508	not upheld by the court, the court shall order, when the court's
509	509	judgment becomes final, the release of the bond.
510	510	(e) If the person gave a supersedeas bond and the amount of
511	511	the penalty is reduced, the court shall order the release of the
512	512	bond after the person pays the reduced amount.
513	513	SECTION 3. Not later than February 1, 2016, the Public
514	514	Safety Commission shall adopt rules and the Department of Public
515	515	Safety shall set fees, prescribe forms, and approve the human
516	516	trafficking educational course necessary to implement Chapter
517	517	2159, Occupations Code, as added by this Act.
518	518	SECTION 4. (a) Except as required by Subsection (b) of this
519	519	section, this Act takes effect September 1, 2015.
520	520	(b) Section 2159.101 and Subchapters D, E, and F, Chapter
521	521	2159, Occupations Code, as added by this Act, take effect September
522	522	1, 2016.