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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the possession or consumption of alcoholic |
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beverages on the premises of certain sexually oriented businesses; |
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creating a criminal offense; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 105, Alcoholic Beverage |
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Code, is amended to read as follows: |
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CHAPTER 105. [HOURS OF] SALE AND CONSUMPTION OF ALCOHOLIC |
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BEVERAGES; HOURS AND OTHER RESTRICTIONS |
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SECTION 2. Chapter 105, Alcoholic Beverage Code, is amended |
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by adding Section 105.092 to read as follows: |
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Sec. 105.092. CONSUMPTION AT CERTAIN SEXUALLY ORIENTED |
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BUSINESSES PROHIBITED. (a) In this section: |
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(1) "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 provides for |
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an audience of two or more individuals live nude entertainment or |
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live nude performances. |
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(b) A person who operates a sexually oriented business that |
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does not hold a permit or license under this code may not allow a |
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person to: |
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(1) consume alcoholic beverages on the business's |
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premises; or |
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(2) bring alcoholic beverages onto or possess |
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alcoholic beverages on the business's premises for the purpose of |
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consumption on the premises. |
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(c) A person described by Subsection (b) or that person's |
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agent commits an offense if the person or that person's agent allows |
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a person to: |
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(1) consume alcoholic beverages on the business's |
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premises; or |
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(2) bring alcoholic beverages onto or possess |
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alcoholic beverages on the business's premises for the purpose of |
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consumption on the premises. |
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(d) A first offense under this section is a Class A |
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misdemeanor. |
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(e) If it is shown on the trial of an offense under this |
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section that the person has previously been finally convicted of |
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one offense under this section, on conviction the person shall be |
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punished for a state jail felony. |
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(f) If it is shown on the trial of an offense under this |
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section that the person has previously been finally convicted of |
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two or more offenses under this section, on conviction the person |
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shall be punished for a third degree felony. |
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SECTION 3. This Act takes effect September 1, 2025. |