2005 Texas Business & Commerce Code CHAPTER 47. SEXUALLY ORIENTED BUSINESSES

BUSINESS & COMMERCE CODE

CHAPTER 47. SEXUALLY ORIENTED BUSINESSES


	§ 47.001. DEFINITIONS.  In this 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.

Added by Acts 2003, 78th Leg., ch. 402, § 1, eff. Sept. 1, 2003.  
Renumbered from V.T.C.A., Bus. & C. Code § 46.001 by Acts 2005, 
79th Leg., ch. 728, § 23.001(5), eff. Sept. 1, 2005.


	§ 47.002. PROHIBITION ON OWNERSHIP, OPERATION, OR 
MANAGEMENT BY OR EMPLOYMENT OF SEX OFFENDER.  (a) A sex offender 
may not own wholly or partly or serve as a director, officer, 
operator, manager, or employee of a sexually oriented business.
	(b)  A sexually oriented business may not contract with a 
person to operate or manage the business as an independent 
contractor or employ a person as an officer, operator, manager, or 
other employee if the business knows the person is a sex offender.

Added by Acts 2003, 78th Leg., ch. 402, § 1, eff. Sept. 1, 2003.  
Renumbered from V.T.C.A., Bus. & C. Code § 46.002 by Acts 2005, 
79th Leg., ch. 728, § 23.001(5), eff. Sept. 1, 2005.


	§ 47.003. INJUNCTION.  (a) The attorney general or the 
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 is violating or threatening to violate Section 47.002.  
The action may be brought in a district court of Travis County or of 
a county in which any part of the violation or threatened violation 
occurs.
	(b)  The district 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 2003, 78th Leg., ch. 402, § 1, eff. Sept. 1, 2003.  
Renumbered from V.T.C.A., Bus. & C. Code § 46.003 and amended by 
Acts 2005, 79th Leg., ch. 728, § 23.001(5), 23.002(2), eff. 
Sept. 1, 2005.


	§ 47.004. CRIMINAL PENALTY.  (a) A sex offender commits 
an offense if the offender violates Section 47.002(a).
	(b)  A sexually oriented business commits an offense if the 
business violates Section 47.002(b).
	(c)  An offense under this section is a Class A misdemeanor.                   

Added by Acts 2003, 78th Leg., ch. 402, § 1, eff. Sept. 1, 2003.  
Renumbered from V.T.C.A., Bus. & C. Code § 46.004 and amended by 
Acts 2005, 79th Leg., ch. 728, § 23.001(5), 23.002(3), eff. 
Sept. 1, 2005.