Bill Text: TX HB1642 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the sexual assault program fund and to the fee imposed on certain sexually oriented businesses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-03 - Referred to Ways & Means [HB1642 Detail]

Download: Texas-2011-HB1642-Introduced.html

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82R6217 ATP-D
By: Zerwas H.B. No. 1642

A BILL TO BE ENTITLED
AN ACT
relating to the sexual assault program fund and to the fee imposed
on certain sexually oriented businesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.054, Business & Commerce Code, is
amended to read as follows:
Sec. 102.054. ALLOCATION OF [CERTAIN] REVENUE FOR SEXUAL
ASSAULT PROGRAMS. The comptroller shall deposit the amount [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.
SECTION 2. Section 420.008, Government Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(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; and
(I) grants to health science centers and related
nonprofit entities exempt from federal income taxation under
Section 501(a), Internal Revenue Code of 1986, by being listed as an
exempt organization under Section 501(c)(3) of that code, for
research relating to the prevention and mitigation of sexual
assault;
(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 102.052,
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; and
(12) the Department of Family and Protective Services
for:
(A) programs related to sexual assault
prevention and intervention; and
(B) research relating to how the department can
effectively address the prevention of sexual assault.
(d) A board, commission, department, office, or other
agency in the executive or judicial branch of state government to
which money is appropriated from the sexual assault program fund
under this section shall, not later than December 1 of each
even-numbered year, provide to the Legislative Budget Board a
report stating, for the preceding fiscal biennium:
(1) the amount appropriated to the entity under this
section;
(2) the purposes for which the money was used; and
(3) any results of a program or research funded under
this section.
SECTION 3. The comptroller of public accounts shall collect
the fee imposed under Section 102.052, Business & Commerce Code,
until a court, in a final judgment upheld on appeal or no longer
subject to appeal, finds Section 102.052, Business & Commerce Code,
or its predecessor statute, to be unconstitutional.
SECTION 4. Section 102.055, Business & Commerce Code, is
repealed.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.