BUSINESS & COMMERCE CODE
TITLE 4. MISCELLANEOUS COMMERCIAL PROVISIONS
CHAPTER 46. SEXUALLY ORIENTED BUSINESSES
§ 46.001. 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.
§ 46.002. 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.
§ 46.003. 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 46.002.
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.
§ 46.004. CRIMINAL PENALTY. (a) A sex offender
commits an offense if the offender violates Section 46.002(a).
(b) A sexually oriented business commits an offense if the
business violates Section 46.002(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.
