SEXUALLY ORIENTED BUSINESSES

(a) In this section: (1) "E-verify program" has the meaning assigned by Section 673.001, Government Code. (2) "Sexually oriented business" has the meaning assigned by Section 243.002, Local Government Code. (b) A sexually oriented business may not employ or enter into a contract, other than a contract described by Subsection (g), for the performance of work or the provision of a service with an individual younger than 21 years of age. (c) A sexually oriented business shall: (1) maintain at the business a record that contains a copy of a valid proof of identification of each employee and independent contractor working at the premises of the business; and (2) register and participate in the E-verify program to verify information of all employees and independent contractors. (d) A proof of identification satisfies the requirements of Subsection (c)(1) if the identification: (1) contains a physical description and photograph consistent with the person's appearance; (2) contains the date of birth of the person; and (3) was issued by a government agency. (e) The form of identification under Subsection (c)(1) may include: (1) a driver's license issued by this state or another state; (2) a passport; or (3) an identification card issued by this or another state or the federal government. (f) A sexually oriented business shall maintain a record under this section for at least two years after the date the employee or independent contractor ends employment with or a contractual obligation to the business. (g) The requirements of Subsections (c) and (f) do not apply with regard to an independent contractor who contracts with a sexually oriented business solely to perform repair, maintenance, or construction services at the business. (h) The commission, the attorney general, or a law enforcement agency may inspect a record maintained under this section and request proof of E-verify program information verification if there is good reason to believe that an individual younger than 21 years of age is employed or has been employed by, or has entered into a contract, other than a contract described by Subsection (g), for the performance of work or the provision of a service with, the sexually oriented business within the five years preceding the date of the inspection. (i) A person commits an offense if the person: (1) fails to maintain a record as required by this section; (2) knowingly or intentionally hinders an inspection authorized under Subsection (h); or (3) violates Subsection (b). (j) A person commits an offense if the person fails to register and participate in the E-verify program as required by Subsection (c)(2).