Law:Title 5. Regulation Of Businesses And Services (Texas)

From Law Delta

Jump to: navigation, search

Subtitle C. Business Operations

Contents

Chapter 101. International Matchmaking Organizations

Section 101.001.  Definitions.

In this chapter:

(1)  "Basic rights information" means information applicable to a noncitizen, including information about human rights, immigration, and emergency assistance and resources.

(2)  "Client" means a person who is a resident of the United States and who contracts with an international matchmaking organization to meet recruits.

(3)  "Criminal history record information" means criminal history record information obtained from the Department of Public Safety under Subchapter F, Chapter 411, Government Code, and from the Federal Bureau of Investigation under Section 411.087, Government Code.

(4)  "International matchmaking organization" means a corporation, partnership, sole proprietorship, or other legal entity that does business in the United States and offers to residents of this state dating, matrimonial, or social referral services involving recruits by:

(A)  exchanging names, telephone numbers, addresses, or statistics;

(B)  selecting photographs; or

(C)  providing a social environment for introducing clients to recruits in a country other than the United States.

(5)  "Marital history information" means a declaration of a person's current marital status, the number of times the person has been married, and whether any marriage occurred as a result of receiving services from an international matchmaking organization.

(6)  "Recruit" means a person who:

(A)  is not a citizen or resident of the United States; and

(B)  is recruited by an international matchmaking organization for the purpose of providing dating, matrimonial, or social referral services.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 101.002.  Providing Criminal History, Marital History, And Basic Rights Information.

(a) An international matchmaking organization shall provide each recruit with the criminal history record information and marital history information of the organization's clients and with basic rights information.

(b)  The information under Subsection (a) must:

(1)  be in the recruit's native language; and

(2)  be displayed in a manner that:

(A)  separates the criminal history record information, the marital history information, and the basic rights information from any other information; and

(B)  is highly noticeable.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 101.003.  Providing Additional Criminal History, Marital History, And Basic Rights Information.

(a) An international matchmaking organization shall disseminate to a recruit the criminal history record information and marital history information of a client and the basic rights information not later than the 30th day after the date the organization receives the criminal history record information and the marital history information from the client.

(b)  The international matchmaking organization shall provide the information to the recruit in the recruit's native language.  The organization shall pay the costs incurred to translate the information.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 101.004.  Obtaining Criminal History Record Information And Marital History Information.

(a) A client shall:

(1)  obtain a copy of the client's own criminal history record information;

(2)  provide the criminal history record information to the international matchmaking organization; and

(3)  provide the client's own marital history information to the international matchmaking organization.

(b)  The international matchmaking organization shall require the client to affirm that the marital history information is complete and accurate and includes information regarding marriages, annulments, and dissolutions that occurred in another state or a foreign country.

(c)  The international matchmaking organization may not provide any further services to the client or the recruit until the organization has:

(1)  obtained the requested criminal history record information and marital history information; and

(2)  provided the information to the recruit.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 101.005.  Civil Penalty.

(a) An international matchmaking organization that violates this chapter is subject to a civil penalty not to exceed $20,000 for each violation.

(b)  In determining the amount of the civil penalty, the court shall consider:

(1)  any previous violations of this chapter by the international matchmaking organization;

(2)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;

(3)  the demonstrated good faith of the international matchmaking organization; and

(4)  the amount necessary to deter future violations.

(c)  The attorney general or the appropriate district or county attorney may bring an action under this section in the name of the state in a district court in:

(1)  Travis County; or

(2)  a county in which any part of the violation occurs.

(d)  A penalty collected under this section by the attorney general or a district or county attorney shall be deposited in the state treasury to the credit of the compensation to victims of crime fund under Article 56.54, Code of Criminal Procedure.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.

Chapter 102. Sexually Oriented Businesses

Subchapter A. Restriction On Owners, Operators, Managers, Or Employees Of Sexually Oriented Businesses

Section 102.001.  Definitions.

In this subchapter:

(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.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 4.003(a), eff. September 1, 2009.



Section 102.002.  Prohibition On Certain Activities By Sex Offender In Relation To Business.

A sex offender may not:

(1)  wholly or partly own a sexually oriented business; or

(2)  serve as a director, officer, operator, manager, or employee of a sexually oriented business.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 102.003.  Prohibition On Certain Activities By Business In Relation To Sex Offender.

If a sexually oriented business knows that a person is a sex offender, the business may not:

(1)  contract with that person to operate or manage the business as an independent contractor; or

(2)  employ that person as an officer, operator, manager, or other employee.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 102.004.  Injunction Or Other Relief. (a)

The attorney general or appropriate district or county attorney, in the name of the state, may bring an action for an injunction or other process against a person who violates or threatens to violate Section 102.002 or 102.003.

(b)  The action may be brought in a district court in:

(1)  Travis County; or

(2)  a county in which any part of the violation or threatened violation occurs.

(c)  The court may grant any prohibitory or mandatory relief warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 102.005.  Criminal Penalties. (a)

A sex offender commits an offense if the sex offender violates Section 102.002.

(b)  A sexually oriented business commits an offense if the business violates Section 102.003.

(c)  An offense under this section is a Class A misdemeanor.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Subchapter B. Fee Imposed On Certain Sexually Oriented Businesses

Section 102.051.  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.

Added by Acts 2007, 80th Leg., R.S., Ch. 1206, Sec. 3, eff. January 1, 2008.

Renumbered from Business and Commerce Code, Section 47.051 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 4.004, eff. September 1, 2009.



Section 102.052.  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.

Added by Acts 2007, 80th Leg., R.S., Ch. 1206, Sec. 3, eff. January 1, 2008.

Renumbered from Business and Commerce Code, Section 47.052 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 4.004, eff. September 1, 2009.



Section 102.053.  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.

Added by Acts 2007, 80th Leg., R.S., Ch. 1206, Sec. 3, eff. January 1, 2008.

Renumbered from Business and Commerce Code, Section 47.053 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 4.004, eff. September 1, 2009.



Section 102.054.  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.

Added by Acts 2007, 80th Leg., R.S., Ch. 1206, Sec. 3, eff. January 1, 2008.

Renumbered from Business and Commerce Code, Section 47.054 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 4.004, eff. September 1, 2009.



Section 102.055.  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.

Added by Acts 2007, 80th Leg., R.S., Ch. 1206, Sec. 3, eff. January 1, 2008.

Renumbered from Business and Commerce Code, Section 47.055 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 4.004, eff. September 1, 2009.



Section 102.056.  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.

Added by Acts 2007, 80th Leg., R.S., Ch. 1206, Sec. 3, eff. January 1, 2008.

Renumbered from Business and Commerce Code, Section 47.056 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 4.004, eff. September 1, 2009.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox