Enrolled Bill Summary

Senate Bill 12	Senate Author:  Hughes et al.
Effective:  9-1-23	House Sponsor:  Shaheen et al.

            Senate Bill 12 amends the Health and Safety Code, Local Government Code, and Penal Code to provide for the regulation of sexually oriented performances. Specifically, the bill does the following:

·        prohibits a person who controls the premises of a commercial enterprise from allowing a sexually oriented performance to be presented on the premises in the presence of an individual younger than 18 years of age;

·        authorizes a municipality or county to regulate sexually oriented performances as the municipality or county considers necessary to promote the public health, safety, or welfare but expressly prohibits a municipality or county from authorizing a sexually oriented performance on public property or in the presence of an individual younger than 18 years of age; and

·        creates a Class A misdemeanor offense for a person who engages in a sexually oriented performance in the presence of an individual younger than 18 years of age or on public property at a time, in a place, and in a manner that could reasonably be expected to be viewed by a child.

The bill defines "sexually oriented performance" as a visual performance that appeals to the prurient interest in sex and features a performer who is nude or any other performer who engages in conduct classified by the bill as "sexual conduct."