By Denny, et al.                                       H.B. No. 272
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of a municipality or county to regulate a
    1-3  sexually oriented business.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 243.002, Local Government Code, is
    1-6  amended to read as follows:
    1-7        Sec. 243.002.  DEFINITIONS <DEFINITION>.  In this chapter:
    1-8              (1)  "Nude" means:
    1-9                    (A)  entirely unclothed; or
   1-10                    (B)  clothed in a manner that leaves uncovered or
   1-11  visible through less than fully opaque clothing any portion of the
   1-12  breasts below the top of the areola of the breasts, if the person
   1-13  is female, or any portion of the genitals or buttocks.
   1-14              (2)  "Sexually<, "sexually> oriented business" means:
   1-15                    (A)  a sex parlor, nude studio, modeling studio,
   1-16  love parlor, adult bookstore, adult movie theater, adult video
   1-17  arcade, adult movie arcade, adult video store, adult motel, adult
   1-18  tanning salon, lingerie modeling studio, adult or totally nude car
   1-19  wash,  or other commercial enterprise the primary business of which
   1-20  is the offering of a service or the selling, renting, or exhibiting
   1-21  of devices or any other items intended to provide sexual
   1-22  stimulation or sexual gratification to the customer; or
   1-23                    (B)  any place of business permitting,
   1-24  requesting, or requiring a person to work nude.
    2-1        SECTION 2.  Section 243.003, Local Government Code, is
    2-2  amended by adding Subsection (e) to read as follows:
    2-3        (e)  A regulation adopted under this chapter by a
    2-4  municipality or a county shall prohibit any act of commercial
    2-5  exploitation of human sexuality, including nudity, in a commercial
    2-6  establishment where alcoholic beverages are served, offered for
    2-7  sale, or consumed on the premises.
    2-8        SECTION 3.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended,
   2-13  and that this Act take effect and be in force from and after its
   2-14  passage, and it is so enacted.