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Relating to sexually oriented businesses, including a requirement to participate in the federal electronic verification of employment authorization program, or E-verify, and restricting the age of persons employed by or allowed on the premises creating criminal offenses.
No significant fiscal implication to the State is anticipated.
SB 766 would require sexually oriented businesses to participate in the federal E-verify program and verify the information of all of their employees and contractors. Any law enforcement agency, rather than only local law enforcement agencies, would be able to inspect the identification records of such businesses. The state and any law enforcement agency would be able to inspect the records if they have reason to believe a minor has been employed within the prior five years, rather than the past two as current law provides. They would also be able to request proof of a business's compliance with the E-verify program under the same conditions.
SB 766 would make it a Class B misdemeanor criminal offense for an applicable person to fail to register and participate in the E-verify program.
Texas Action opposes SB 766 because it would unnecessarily expand government. No private employers in the state that do not contract with state agencies are currently required to participate in the E-verify program. SB 766 would place a new regulation on a specific subset of businesses and create a criminal offense for non-compliance. Existing law already requires sexually oriented businesses to maintain identification records and provides criminal penalties for trafficking and the employment of minors.