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.