S.B. No. 707
  relating to requiring a sexually oriented business to maintain
  certain photographic identification records; providing a criminal
         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
               (1)  a driver's license issued by this state or another
               (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