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.