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.