By Nixon                                               H.B. No. 198

      75R374 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to holding an election in each county on whether certain

 1-3     sexually oriented businesses should be allowed to operate in the

 1-4     county.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 243, Local Government Code, is amended by

 1-7     adding Section 243.012 to read as follows:

 1-8           Sec. 243.012.  COUNTY ELECTION ON OPERATION OF SEXUALLY

 1-9     ORIENTED BUSINESS.  (a)  Each county judge shall order an election

1-10     to be held in the county on November 4, 1997, on the question of

1-11     whether a sexually oriented business may operate in the county.

1-12           (b)  At the election the ballots shall be prepared to permit

1-13     voting for or against the following proposition:  "Prohibiting

1-14     certain sexually oriented businesses from operating in (name of

1-15     county) County."

1-16           (c)  If a majority of the votes received at the election

1-17     favor the proposition, a sexually oriented business may not operate

1-18     in the county, including in the territory of a municipality in the

1-19     county, and an existing sexually oriented business must cease

1-20     operations in the county not later than the 90th day after the date

1-21     of the election.

1-22           (d)  If less than a majority of the votes received at the

1-23     election favor the proposition, the election has no effect on the

1-24     operations of a sexually oriented business in the county.

 2-1           (e)  The provisions of Subsection (c) do not apply to:

 2-2                 (1)  a business that is exempt from regulation under

 2-3     Section 243.004; or

 2-4                 (2)  an adult bookstore, adult movie theater, or adult

 2-5     video store under Section 243.002 if no person regularly on the

 2-6     premises of the store or theater is:

 2-7                       (A)  entirely unclothed; or

 2-8                       (B)  clothed in a manner that leaves uncovered or

 2-9     visible through less than fully opaque clothing any portion of the

2-10     breasts below the top of the areola of the breasts, if the person

2-11     is female, or any portion of the genitals or buttocks.

2-12           SECTION 2.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended,

2-17     and that this Act take effect and be in force from and after its

2-18     passage, and it is so enacted.