BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

GR Account 5010 is the state's sexual assault program fund. Amounts in the account may be appropriated to the Attorney General, Department of State Health Services, The University of Texas at Austin, Texas State University, Governor's Office, Department of Public Safety, Comptroller Judiciary, Department of Criminal Justice, Juvenile Justice Department, Comptroller, and Supreme Court of Texas for uses specified in law. Funds in the account are primarily for grants to certain programs, including:

(1) sexual violence awareness and prevention campaigns;

(2) victims of human trafficking;

(3) sexual assault nurse examiner programs;

(4) increasing the level of sexual assault services in this state;

(5) victim assistance coordinators; and

(6) technology in rape crisis centers.

To establish a consistent revenue stream for this fund, H.B. 3345 would allocate one percent of the revenue from the mixed beverage tax to the sexual assault program fund. Additionally, H.B. 3345 increases the fee imposed on a sexually oriented business from $5 to $10 for each entry by each custumer admitted to the business.

H.B. 3345 amends current law relating to the amount of the fee imposed on certain sexually oriented businesses that is allocated to the sexual assault program fund and the allocation of certain other revenue to that fund and increases the amount of a fee.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 102.052(a), Business and Commerce Code, to impose a fee on a sexually oriented business in an amount equal to $10, rather than $5, for each entry by each customer admitted to the business.

SECTION 2. Amends Section 420.008(b), Government Code, to provide that the sexual assault program fund consists of certain monies, including amounts allocated under Section 183.054, Tax Code. Makes nonsubstantive changes.

SECTION 3. Amends Section 183.023(b), Tax Code, to require the Comptroller of Public Accounts of the State of Texas (comptroller), except for the amounts allocated under Subsection (c) (relating to requiring the comptroller to deposit each fiscal year $10 million of the revenue received under this section to the credit of the Texas music incubator account) of Section 183.023 (Payment) or Subchapter C (Disposition of Proceeds) of Chapter 183 (Mixed Beverage Taxes), to deposit the revenue received under this section in the general revenue fund.

SECTION 4. Amends Subchapter C, Chapter 183, Tax Code, by adding Section 183.054, as follows:

Sec. 183.054. ALLOCATION OF CERTAIN REVENUE TO SEXUAL ASSAULT PROGRAM FUND. Requires the comptroller to deposit an amount of money equal to one percent of the revenue received under Subchapters B (Mixed Beverage Gross Receipts Tax) and B-1 (Mixed Beverage Sales Tax) to the credit of the sexual assault program fund established under Section 420.008 (Sexual Assault Program Fund), Government Code.

SECTION 5. Effective date: September 1, 2023.