BILL ANALYSIS



H.B. 272
By: Denny
April 30, 1995
Committee Report (Unamended)


BACKGROUND

Under current law, municipalities or counties have the authority to
regulate sexually oriented businesses.  Recently, however,
businesses have circumvented the law because their specific type of
business is not covered under the definition of a sexually oriented
business as defined in the Local Government Code.  Specifically,
adult tanning salons and lingerie modeling studios consider
themselves to be retail businesses because they sell a service,
(tans), or clothing, (lingerie).

PURPOSE

The purpose of H.B. 272 is to amplify the definition of "sexually
oriented business" in order to cover the ever evolving forms of
sexually oriented businesses.  This would allow a municipality or
county who wishes to regulate these businesses the authority to do
so under the new definition of a "sexually oriented business".

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Section 243.002, Local Government Code to include
           "adult tanning salon" and "lingerie modeling studio" in
           the definition of a "sexually oriented business".

SECTION 2  Emergency clause.  Effective upon passage.

SUMMARY OF COMMITTEE ACTION

H.B. 272 was considered by the committee in a public hearing on
March 14, 1995.

The following persons testified in favor of the bill:

           Representative Mary Denny; and
           Representative Joe Nixon.

The bill was referred to the Subcommittee on Regulation consisting
of Representatives Howard, Turner and Mowery.

H.B. 272 was considered by the subcommittee in a formal meeting on
March 16, 1995.

The bill was left pending.

After being recalled from subcommittee, the bill was considered by
the committee in a public hearing on April 25, 1995.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.