By Yarbrough                                          H.B. No. 1051
       74R3780 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of the location of a sexually oriented
    1-3  business selling alcoholic beverages.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter D, Chapter 109, Alcoholic Beverage
    1-6  Code, is amended by adding Section 109.61 to read as follows:
    1-7        Sec. 109.61.  RESTRICTION ON LOCATION OF SEXUALLY ORIENTED
    1-8  BUSINESS.  (a)  A license or permit may not be issued to or renewed
    1-9  for a sexually oriented business if any part of the premises of the
   1-10  business is less than 5,000 feet from the nearest point on a
   1-11  property line, as measured in a straight line, of a residential
   1-12  neighborhood, church, public or private school, playground,
   1-13  athletic field, park, stadium, or hospital.
   1-14        (b)  In this section:
   1-15              (1)  "Residential neighborhood" means an area that has
   1-16  been zoned by a governmental entity for residential use or a
   1-17  platted subdivision in which not less than 90 percent of the area
   1-18  of the subdivision is composed of residential dwellings.
   1-19              (2)  "Sexually oriented business" means a sex parlor,
   1-20  nude studio, modeling studio, love parlor, adult movie theater,
   1-21  adult video arcade, adult movie arcade, adult video store, adult
   1-22  motel, or other commercial enterprise the primary business of which
   1-23  is the offering of a service or the selling, renting, or exhibiting
   1-24  of devices or any other items intended to provide sexual
    2-1  stimulation or sexual gratification to the customer.  The term does
    2-2  not include:
    2-3                    (A)  a bookstore;
    2-4                    (B)  a business operated by or employing a
    2-5  licensed psychologist, licensed physical therapist, licensed
    2-6  athletic trainer, licensed cosmetologist, or licensed barber
    2-7  engaged in performing functions authorized under the license held;
    2-8  or
    2-9                    (C)  a business operated by or employing a
   2-10  licensed physician or licensed chiropractor engaged in practicing
   2-11  the healing arts.
   2-12        SECTION 2.  This Act takes effect September 1, 1995.
   2-13        SECTION 3.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.