By Yarbrough                                          H.B. No. 1342
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to regulation of a person that exhibits nudity and that
    1-3  allows the possession or consumption of alcoholic beverages on the
    1-4  premises; providing criminal penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 11.11(a), Alcoholic Beverage Code, is
    1-7  amended to read as follows:
    1-8        (a)  Except as provided in Subsection (e) of this section, an
    1-9  applicant for a permit or a holder of a permit issued under Chapter
   1-10  25, 28, <or> 32, or 54 of this code shall file with the commission
   1-11  a surety bond in the amount of $5,000 conditioned on the
   1-12  applicant's or holder's conformance with alcoholic beverage law.
   1-13        SECTION 2.  Section 11.39(a), Alcoholic Beverage Code, is
   1-14  amended to read as follows:
   1-15        (a)  Every applicant for a pharmacist's medicinal, brewer's,
   1-16  distiller's and rectifier's, mixed beverage, private club
   1-17  registration, winery, wholesaler's, class B wholesaler's, wine
   1-18  bottler's, exhibitor's, or package store permit shall give notice
   1-19  of the application by publication at the applicant's <his> own
   1-20  expense in two consecutive issues of all daily newspapers of
   1-21  general circulation published in the city or town in which the
   1-22  applicant's place of business is located or all daily newspapers of
   1-23  general circulation published in the most populous city or town in
   1-24  the county if the applicant's place of business is located in an
    2-1  unincorporated area of a county.  If  no daily newspaper is
    2-2  published in the city or town, the notice shall be published in a
    2-3  newspaper of general circulation published in the city, <or> town,
    2-4  or county in which the applicant's <his> place of business is
    2-5  located.  <If no newspaper is published in the city or town, the
    2-6  notice shall be published in a newspaper of general circulation
    2-7  published in the county where the applicant's business is located.>
    2-8  If no newspaper is published in the county, the notice shall be
    2-9  published in a qualified newspaper published in the closest
   2-10  neighboring county and circulated in the county of the applicant's
   2-11  residence.
   2-12        SECTION 3.  Section 11.391, Alcoholic Beverage Code, is
   2-13  amended to read as follows:
   2-14        Sec. 11.391.  Notice by Sign.  (a)  Except as provided by
   2-15  Subsection (c), an <An> applicant for a mixed beverage permit,
   2-16  exhibitor's permit, or a private club registration permit for a
   2-17  location not previously licensed for the on-premises consumption of
   2-18  alcoholic beverages shall, beginning on the first date <dates>
   2-19  notice is required to be published under Section 11.39 of this code
   2-20  and for seven consecutive business days after that date,
   2-21  prominently post an outdoor sign at the location stating that
   2-22  alcoholic beverages are intended to be served on the premises, the
   2-23  proposed hours of operation of the premises, the type of permit,
   2-24  and the name and business address of the applicant.
   2-25        (b)  The sign shall be written in a manner and of a size the
   2-26  administrator considers adequate to be clearly visible from the
   2-27  street and to inform the general public of the intended use of the
    3-1  property.  The administrator may require the sign to be both in
    3-2  English and a language other than English if it is likely that a
    3-3  substantial number of the residents in the area speak a language
    3-4  other than English as their familiar language.  The commission
    3-5  shall provide such sign and may charge a fee therefor.
    3-6        (c)  If a sexually oriented business is to be operated on
    3-7  premises covered by a permit identified by Subsection (a), the
    3-8  applicant must also comply with the notice requirements of this
    3-9  section when applying for a renewal permit, except that the sign
   3-10  shall be posted beginning on the 30th day before the expiration
   3-11  date of the permit and for seven consecutive business days after
   3-12  that date.
   3-13        (d)  The commission shall deny an <An> application if the
   3-14  applicant fails <may not be denied for failing> to post the notice
   3-15  required by this section <if the commission or administrator
   3-16  determines that the general public in the area in which the
   3-17  premises to be licensed is located is adequately aware of the
   3-18  nature of the application>.
   3-19        (e)  In this section, "business day" excludes Saturday,
   3-20  Sunday, and a legal holiday.
   3-21        SECTION 4.  Subtitle A, Title 3, Alcoholic Beverage Code, is
   3-22  amended by adding Chapter 54 to read as follows:
   3-23                    CHAPTER 54.  EXHIBITOR'S PERMIT
   3-24        Sec. 54.001.  DEFINITIONS.  In this chapter:
   3-25              (1)  "Nude" means a person who is:
   3-26                    (A)  entirely unclothed; or
   3-27                    (B)  clothed in a manner that leaves uncovered or
    4-1  visible through less than fully opaque clothing any portion of the
    4-2  breasts below the top of the areola of the breasts, if the person
    4-3  is female, or any portion of the genitals or buttocks.
    4-4              (2)  "Public place" includes any area on the premises
    4-5  in which an employee or other person subject to control,
    4-6  supervision, direction, or discharge by the permit holder performs
    4-7  any portion of the person's work.
    4-8        Sec. 54.002.  AUTHORIZED ACTIVITY.  A holder of an
    4-9  exhibitor's permit may allow a person to possess or consume on the
   4-10  premises an alcoholic beverage during the time that the holder of
   4-11  the permit allows an employee or other person subject to control,
   4-12  supervision, direction, or discharge by the permit holder to be
   4-13  nude at a public place on the premises covered by the permit.
   4-14        Sec. 54.003.  FEE.  The annual state fee for an exhibitor's
   4-15  permit is $3,000.
   4-16        Sec. 54.004.  PERMIT REQUIRED; PENALTY.  (a)  A person
   4-17  commits an offense if the person engages in conduct authorized by
   4-18  Section 54.002 and does not hold an exhibitor's permit.
   4-19        (b)  An offense under this section is a felony of the third
   4-20  degree.
   4-21        Sec. 54.005.  DISTANCE REQUIREMENTS.  The commission may not
   4-22  issue or renew a permit under this chapter if the premises is
   4-23  located within 3,000 feet of a residential neighborhood, church or
   4-24  other house of worship, public or private school, playground,
   4-25  playing field or park used by children under the age of 18,
   4-26  day-care center, adult care facility, hospital, or premises of a
   4-27  holder of another permit issued under this chapter.
    5-1        Sec. 54.006.  RESTRICTED ENTRY.  (a)  A person 18 years of
    5-2  age or younger may not enter the premises of the holder of a permit
    5-3  issued under this chapter.
    5-4        (b)  A person commits an offense if with criminal negligence
    5-5  the person allows an individual 18 years of age or younger to enter
    5-6  the premises of the holder of a permit issued under this chapter.
    5-7  A person does not commit an offense if the individual who is 18
    5-8  years of age or younger falsely represents the individual's age by
    5-9  displaying an apparently valid Texas driver's license or an
   5-10  identification card issued by the Texas Department of Public Safety
   5-11  containing a physical description consistent with the individual's
   5-12  appearance for the purpose of inducing the individual's entry to
   5-13  the premises.
   5-14        (c)  Except as provided in Subsection (d), a violation of
   5-15  this section is a misdemeanor punishable by a fine of not less than
   5-16  $100 and not more than $500, by confinement in jail for not more
   5-17  than one year, or by both.
   5-18        (d)  If a person has been previously convicted of a violation
   5-19  of this section, a violation is a misdemeanor punishable by a fine
   5-20  of not less than $500 and not more than $1,000, by confinement in
   5-21  jail for not more than one year, or by both.
   5-22        SECTION 5.  Section 243.003, Local Government Code, is
   5-23  amended by adding Subsection (e) to read as follows:
   5-24        (e)  A regulation adopted under this chapter by a
   5-25  municipality or a county shall prohibit any act of commercial
   5-26  exploitation of human sexuality, including nudity, in a commercial
   5-27  establishment where alcoholic beverages are served, offered for
    6-1  sale, or consumed on the premises.
    6-2        SECTION 6.  Section 109.57, Alcoholic Beverage Code, is
    6-3  amended by adding Subsection (e) to read as follows:
    6-4        (e)  This section does not apply to a regulation adopted
    6-5  under this chapter or Chapter 243, Local Government Code, by a
    6-6  municipality or a county that prohibits any act of commercial
    6-7  exploitation of human sexuality, including nudity, in a commercial
    6-8  establishment where alcoholic beverages are served, offered for
    6-9  sale, or consumed on the premises.
   6-10        SECTION 7.  Chapter 106, Alcoholic Beverage Code, is amended
   6-11  by adding Section 106.15 to read as follows:
   6-12        Sec. 106.15.  EMPLOYMENT HARMFUL TO PERSONS YOUNGER THAN 21.
   6-13  (a)  The commission or administrator shall cancel a license or
   6-14  permit issued under this code if the license or permit holder
   6-15  employs, authorizes, or induces a person younger than 21 years of
   6-16  age to work on the holder's premises:
   6-17              (1)  in a sexually oriented commercial activity; or
   6-18              (2)  in a place of business permitting, requesting, or
   6-19  requiring a person to work nude.
   6-20        (b)  In this section:
   6-21              (1)  "Nude" means a person who is:
   6-22                    (A)  entirely unclothed; or
   6-23                    (B)  clothed in a manner that leaves uncovered or
   6-24  visible through less than fully opaque clothing any portion of the
   6-25  breasts below the top of the areola of the breasts, if the person
   6-26  is female, or any portion of the genitals or buttocks.
   6-27              (2)  "Sexually oriented commercial activity" has the
    7-1  meaning assigned by Section 43.251, Penal Code.
    7-2        SECTION 8.  This Act takes effect September 1, 1995.  The
    7-3  changes in law made by this Act apply only to persons who apply for
    7-4  a permit or a renewal of a permit on or after the effective date of
    7-5  this Act.
    7-6        SECTION 9.  The importance of this legislation and the
    7-7  crowded condition of the calendars in both houses create an
    7-8  emergency and an imperative public necessity that the
    7-9  constitutional rule requiring bills to be read on three several
   7-10  days in each house be suspended, and this rule is hereby suspended.