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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of sexually oriented business. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.051, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 102.051. DEFINITIONS. In this subchapter: |
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(1) "Drag performance" has the meaning assigned by |
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Section 243.002, Local Government Code. |
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(1-a) "Nude" means: |
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(A) entirely unclothed; or |
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(B) clothed in a manner that leaves uncovered or |
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visible through less than fully opaque clothing any portion of the |
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breasts below the top of the areola of the breasts, if the person is |
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female, or any portion of the genitals or buttocks. |
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(2) "Sexually oriented business" means a nightclub, |
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bar, restaurant, or similar commercial enterprise that: |
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(A) provides for an audience of two or more |
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individuals: |
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(i) live nude entertainment or live nude |
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performances; or |
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(ii) a drag performance; and |
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(B) authorizes on-premises consumption of |
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alcoholic beverages, regardless of whether the consumption of |
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alcoholic beverages is under a license or permit issued under the |
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Alcoholic Beverage Code. |
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SECTION 2. Section 243.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 243.002. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Drag performance" means a performance in which a |
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performer exhibits a gender identity that is different than the |
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performer's gender assigned at birth using clothing, makeup, or |
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other physical markers and sings, lip syncs, dances, or otherwise |
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performs before an audience for entertainment. |
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(2) "Sexually [, "sexually] oriented business" means: |
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(A) a sex parlor, nude studio, modeling studio, |
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love parlor, adult bookstore, adult movie theater, adult video |
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arcade, adult movie arcade, adult video store, adult motel, or |
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other commercial enterprise the primary business of which is the |
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offering of a service or the selling, renting, or exhibiting of |
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devices or any other items intended to provide sexual stimulation |
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or sexual gratification to the customer; or |
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(B) a nightclub, bar, restaurant, or other |
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commercial enterprise that provides for an audience of two or more |
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individuals a drag performance. |
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SECTION 3. This Act takes effect September 1, 2023. |