By Yarbrough H.B. No. 1342
74R5142 CAG-D
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 a criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
1-7 amended by adding Chapter 54 to read as follows:
1-8 CHAPTER 54. EXHIBITOR'S PERMIT
1-9 Sec. 54.001. DEFINITIONS. In this chapter:
1-10 (1) "Nude" means a person who is:
1-11 (A) entirely unclothed; or
1-12 (B) clothed in a manner that leaves uncovered or
1-13 visible through less than fully opaque clothing any portion of the
1-14 breasts below the top of the areola of the breasts, if the person
1-15 is female, or any portion of the genitals or buttocks.
1-16 (2) "Public place" includes any area on the premises
1-17 in which an employee or other person subject to control,
1-18 supervision, direction, or discharge by the permit holder performs
1-19 any portion of the person's work.
1-20 Sec. 54.002. AUTHORIZED ACTIVITY. A holder of an
1-21 exhibitor's permit may allow a person to possess or consume on the
1-22 premises an alcoholic beverage during the time that the holder of
1-23 the permit allows an employee or other person subject to control,
1-24 supervision, direction, or discharge by the permit holder to be
2-1 nude at a public place on the premises covered by the permit.
2-2 Sec. 54.003. FEE. The annual state fee for an exhibitor's
2-3 permit is $3,000.
2-4 Sec. 54.004. PERMIT REQUIRED; PENALTY. (a) A person
2-5 commits an offense if the person engages in conduct authorized by
2-6 Section 54.002 and does not hold an exhibitor's permit.
2-7 (b) An offense under this section is a felony of the third
2-8 degree.
2-9 Sec. 54.005. DISTANCE REQUIREMENTS. The commission may not
2-10 issue or renew a permit under this chapter if the premises is
2-11 located within 3,000 feet of a church or other house of worship,
2-12 public or private school, playground, playing field or park used by
2-13 children under the age of 16, day-care center, adult care facility,
2-14 hospital, or premises of a holder of another permit issued under
2-15 this chapter.
2-16 Sec. 54.006. RESTRICTED ENTRY. (a) A person 18 years of
2-17 age or younger may not enter the premises of the holder of a permit
2-18 issued under this chapter.
2-19 (b) A person commits an offense if with criminal negligence
2-20 the person allows an individual 18 years of age or younger to enter
2-21 the premises of the holder of a permit issued under this chapter.
2-22 A person does not commit an offense if the individual who is 18
2-23 years of age or younger falsely represents the individual's age by
2-24 displaying an apparently valid Texas driver's license or an
2-25 identification card issued by the Texas Department of Public Safety
2-26 containing a physical description consistent with the individual's
2-27 appearance for the purpose of inducing the individual's entry to
3-1 the premises.
3-2 (c) Except as provided in Subsection (d), a violation of
3-3 this section is a misdemeanor punishable by a fine of not less than
3-4 $100 and not more than $500, by confinement in jail for not more
3-5 than one year, or by both.
3-6 (d) If a person has been previously convicted of a violation
3-7 of this section, a violation is a misdemeanor punishable by a fine
3-8 of not less than $500 and not more than $1,000, by confinement in
3-9 jail for not more than one year, or by both.
3-10 SECTION 2. This Act takes effect September 1, 1995.
3-11 SECTION 3. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.