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AN ACT
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relating to the imposition and use of a fee on certain sexually |
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oriented businesses and certain programs for the prevention of |
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sexual assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 47.001 through 47.004, Business & |
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Commerce Code, are designated as Subchapter A, Chapter 47, Business & |
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Commerce Code, and a heading for Subchapter A is added to read as |
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follows: |
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SUBCHAPTER A. RESTRICTION ON OWNERS, OPERATORS, MANAGERS, OR |
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EMPLOYEES OF SEXUALLY ORIENTED BUSINESSES |
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SECTION 2. Section 47.001, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 47.001. DEFINITIONS. In this subchapter [chapter]: |
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(1) "Sex offender" means a person who has been |
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convicted of or placed on deferred adjudication for an offense for |
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which a person is subject to registration under Chapter 62, Code of |
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Criminal Procedure. |
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(2) "Sexually oriented business" has the meaning |
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assigned by Section 243.002, Local Government Code. |
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SECTION 3. Chapter 47, Business & Commerce Code, is amended |
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by adding Subchapter B to read as follows: |
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SUBCHAPTER B. FEE IMPOSED ON CERTAIN SEXUALLY ORIENTED BUSINESSES |
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Sec. 47.051. DEFINITIONS. In this subchapter: |
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(1) "Nude" means: |
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(A) entirely unclothed; or |
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(B) clothed in a manner that leaves uncovered or |
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visible through less than fully opaque clothing any portion of the |
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breasts below the top of the areola of the breasts, if the person is |
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female, or any portion of the genitals or buttocks. |
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(2) "Sexually oriented business" means a nightclub, |
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bar, restaurant, or similar commercial enterprise that: |
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(A) provides for an audience of two or more |
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individuals live nude entertainment or live nude performances; and |
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(B) authorizes on-premises consumption of |
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alcoholic beverages, regardless of whether the consumption of |
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alcoholic beverages is under a license or permit issued under the |
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Alcoholic Beverage Code. |
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Sec. 47.052. FEE BASED ON ADMISSIONS; RECORDS. (a) A fee |
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is imposed on a sexually oriented business in an amount equal to $5 |
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for each entry by each customer admitted to the business. |
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(b) A sexually oriented business shall record daily in the |
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manner required by the comptroller the number of customers admitted |
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to the business. The business shall maintain the records for the |
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period required by the comptroller and make the records available |
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for inspection and audit on request by the comptroller. |
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(c) This section does not require a sexually oriented |
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business to impose a fee on a customer of the business. A business |
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has discretion to determine the manner in which the business |
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derives the money required to pay the fee imposed under this |
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section. |
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Sec. 47.053. REMISSION OF FEE; SUBMISSION OF REPORTS. Each |
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quarter, a sexually oriented business shall: |
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(1) remit the fee imposed by Section 47.052 to the |
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comptroller in the manner prescribed by the comptroller; and |
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(2) file a report with the comptroller in the manner |
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and containing the information required by the comptroller. |
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Sec. 47.054. ALLOCATION OF CERTAIN REVENUE FOR SEXUAL |
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ASSAULT PROGRAMS. The comptroller shall deposit the first $25 |
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million received from the fee imposed under this subchapter in a |
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state fiscal biennium to the credit of the sexual assault program |
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fund. |
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Sec. 47.055. ALLOCATION OF ADDITIONAL REVENUE. (a) The |
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comptroller shall deposit all amounts received from the fee imposed |
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under this subchapter after the first $25 million in a state fiscal |
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biennium in the Texas health opportunity pool established under |
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Subchapter N, Chapter 531, Government Code. Money deposited in the |
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pool under this section may be used only to provide health benefits |
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coverage premium payment assistance to low-income persons through a |
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premium payment assistance program developed under that |
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subchapter. |
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(b) This section takes effect only if Senate Bill No. 10, |
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Acts of the 80th Legislature, Regular Session, 2007, becomes law |
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and the Texas health opportunity pool is established under that |
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Act. If that Act does not become law, or that Act becomes law but |
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the pool is not established, this section has no effect, and the |
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revenue is deposited as provided by Section 47.0551. |
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Sec. 47.0551. ALLOCATION OF ADDITIONAL REVENUE. (a) The |
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comptroller shall deposit all amounts received from the fee imposed |
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under this subchapter after the first $25 million in a state fiscal |
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biennium to the credit of the premium payment assistance account. |
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The premium payment assistance account is an account in the general |
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revenue fund that may be appropriated to the Health and Human |
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Services Commission only to provide health benefits coverage |
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premium payment assistance to low-income persons through a program |
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developed by the commission. |
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(b) This section takes effect only if Senate Bill No. 10, |
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Acts of the 80th Legislature, Regular Session, 2007, does not |
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become law, or that Act becomes law, but the Texas health |
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opportunity pool is not established under that Act. If that Act |
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becomes law and the pool is established, this section has no effect, |
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and the revenue is deposited as provided by Section 47.055. |
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Sec. 47.056. ADMINISTRATION, COLLECTION, AND ENFORCEMENT. |
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The provisions of Subtitle B, Title 2, Tax Code, apply to the |
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administration, payment, collection, and enforcement of the fee |
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imposed by this chapter. |
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SECTION 4. Sections 420.005(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The attorney general may award grants to programs |
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described by Section 420.008 [for maintaining or expanding existing
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services]. A grant may not result in the reduction of the financial |
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support a program receives from another source. |
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(b) The attorney general may by rule require that to [To] be |
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eligible for a grant, certain programs [a program] must provide at a |
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minimum: |
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(1) a 24-hour crisis hotline; |
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(2) crisis intervention; |
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(3) public education; |
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(4) advocacy and accompaniment to hospitals, law |
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enforcement offices, prosecutors' offices, and courts for |
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survivors and their family members; and |
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(5) crisis intervention volunteer training. |
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SECTION 5. Sections 420.008(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) The fund consists of fees collected under: |
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(1) Section 19(e), Article 42.12, Code of Criminal |
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Procedure; |
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(2) [, and] Section 508.189, Government Code; and |
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(3) Subchapter B, Chapter 47, Business & Commerce |
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Code, and deposited under Section 47.054. |
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(c) The legislature may appropriate money deposited to the |
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credit of the fund only to: |
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(1) the attorney general, for: |
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(A) sexual violence awareness and prevention |
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campaigns; |
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(B) grants to faith-based groups, independent |
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school districts, and community action organizations for programs |
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for the prevention of sexual assault and programs for victims of |
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human trafficking; |
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(C) grants for equipment for sexual assault nurse |
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examiner programs, to support the preceptorship of future sexual |
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assault nurse examiners, and for the continuing education of sexual |
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assault nurse examiners; |
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(D) grants to increase the level of sexual |
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assault services in this state; |
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(E) grants to support victim assistance |
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coordinators; |
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(F) grants to support technology in rape crisis |
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centers; |
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(G) grants to and contracts with a statewide |
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nonprofit organization exempt from federal income taxation under |
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Section 501(c)(3), Internal Revenue Code of 1986, having as a |
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primary purpose ending sexual violence in this state, for programs |
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for the prevention of sexual violence, outreach programs, and |
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technical assistance to and support of youth and rape crisis |
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centers working to prevent sexual violence; and |
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(H) grants to regional nonprofit providers of |
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civil legal services to provide legal assistance for sexual assault |
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victims; |
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(2) the Department of State Health Services, to |
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measure the prevalence of sexual assault in this state and for |
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grants to support programs assisting victims of human trafficking; |
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(3) the Institute on Domestic Violence and Sexual |
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Assault at The University of Texas at Austin, to conduct research on |
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all aspects of sexual assault and domestic violence; |
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(4) Texas State University, for training and technical |
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assistance to independent school districts for campus safety; |
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(5) the office of the governor, for grants to support |
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sexual assault and human trafficking prosecution projects; |
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(6) the Department of Public Safety, to support sexual |
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assault training for commissioned officers; |
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(7) the comptroller's judiciary section, for |
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increasing the capacity of the sex offender civil commitment |
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program; |
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(8) the Texas Department of Criminal Justice: |
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(A) for pilot projects for monitoring sex |
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offenders on parole; and |
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(B) for increasing the number of adult |
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incarcerated sex offenders receiving treatment; |
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(9) the Texas Youth Commission, for increasing the |
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number of incarcerated juvenile sex offenders receiving treatment; |
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(10) the comptroller, for the administration of the |
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fee imposed on sexually oriented businesses under Section 47.052, |
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Business & Commerce Code; and |
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(11) the supreme court, to be transferred to the Texas |
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Equal Access to Justice Foundation, or a similar entity, to provide |
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victim-related legal services to sexual assault victims, including |
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legal assistance with protective orders, relocation-related |
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matters, victim compensation, and actions to secure privacy |
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protections available to victims under law [to finance the grant
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program created by this chapter]. |
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SECTION 6. Subchapter A, Chapter 420, Government Code, is |
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amended by adding Section 420.015 to read as follows: |
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Sec. 420.015. ASSESSMENT OF SEXUALLY ORIENTED BUSINESS |
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REGULATIONS. The legislature may appropriate funds for a |
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third-party assessment of the sexually oriented business industry |
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in this state and provide recommendations to the legislature on how |
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to further regulate the growth of the sexually oriented business |
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industry in this state. |
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SECTION 7. (a) The Sexual Assault Advisory Council is |
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established to: |
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(1) serve as an information clearinghouse and informal |
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coordinator of existing and future sexual assault programming |
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efforts at state and local levels; |
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(2) report to the governor and the 81st Legislature |
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the results of actions taken by the 80th Legislature on any gaps |
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with respect to research, prevention, response and other victims' |
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services, adjudication, and incarceration at state and local |
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levels; |
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(3) develop recommendations for appropriate |
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performance measures that enable the governor and the legislature |
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to biennially assess and respond to the status of sexual assault in |
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this state; and |
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(4) report to the 81st Legislature on the |
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effectiveness of appropriations made in this Act and other sexual |
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assault legislation passed by the 80th Legislature. |
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(b) The Sexual Assault Advisory Council is composed of |
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representatives designated by the attorney general from state |
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agencies that receive sexual assault-related appropriations in the |
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General Appropriations Act. |
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(c) The legislature intends that agencies receiving sexual |
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assault-related appropriations coordinate with the Sexual Assault |
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Advisory Council to provide answers for: |
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(1) how prevalent is sexual assault in Texas, and why; |
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(2) how to reduce the recidivism of known sex |
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offenders; |
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(3) how to increase the reporting of sexual assault to |
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law enforcement; |
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(4) how to increase conviction and prosecution rates |
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of sexual assault; |
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(5) how to identify the geographic areas in this state |
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with higher rates of sexual assault and how to coordinate |
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delivering resources to these areas; and |
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(6) how to convey that assistance is available for all |
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victims of sexual assault and how to ensure that residents of this |
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state know how to obtain assistance if they have been sexually |
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assaulted. |
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SECTION 8. The fee imposed by Section 47.052, Business & |
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Commerce Code, as added by this Act, applies only to a sexually |
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oriented business with respect to the admission by the business of |
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customers on or after the effective date of this Act. |
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SECTION 9. This Act takes effect January 1, 2008. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1751 was passed by the House on May 9, |
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2007, by the following vote: Yeas 110, Nays 28, 3 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1751 on May 25, 2007, by the following vote: Yeas 112, Nays 21, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1751 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 28, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |