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.