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.