H.B. No. 1751

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