By Nixon                                         H.B. No. 761

      75R4276 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the notice required before a sexually oriented business

 1-3     may be constructed, operated, or used; providing penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 243, Local Government Code, is amended by

 1-6     adding Section 243.0035 to read as follows:

 1-7           Sec. 243.0035.  NOTICE REQUIREMENTS.  (a)  A municipality or

 1-8     county may require that before a building or location is

 1-9     constructed, operated, or used as a sexually oriented business the

1-10     person proposing to construct, operate, or use the building or

1-11     location give notice of the intent to construct, operate, or use

1-12     the building or location by:

1-13                 (1)  publishing notice in two consecutive issues of a

1-14     newspaper of general circulation in the municipality published in

1-15     the municipality, if the building or location is located in a

1-16     municipality, or in the county, if the building or location is

1-17     located in the unincorporated area of the county; and

1-18                 (2)  prominently posting, for the 20 days before the

1-19     date the construction, operation, or use of the building or

1-20     location as a sexually oriented business begins, an outdoor sign at

1-21     the building or location stating that the building or location is

1-22     intended to be constructed, operated, or used as a sexually

1-23     oriented business and stating the name and business address of the

1-24     owner of the building or location and of the operator of the

 2-1     sexually oriented business.

 2-2           (b)  A sign posted under Subsection (a) shall be written in a

 2-3     manner and of a size the governing body of the municipality or

 2-4     county considers adequate to inform the general public of the

 2-5     intended use of the property.  The municipality or county may

 2-6     require the sign to be both in English and a language other than

 2-7     English if it is likely that a substantial number of the residents

 2-8     in the area speak a language other than English as their familiar

 2-9     language.

2-10           (c)  A notice published under Subsection (a) shall be printed

2-11     in 10-point boldface type and shall include:

2-12                 (1)  a description, but not a legal description or a

2-13     metes and bounds description, of the exact location of the building

2-14     or location;

2-15                 (2)  the names of each owner of the building or

2-16     location and the operator of the sexually oriented business and, if

2-17     the building, location, or business is operated under an assumed

2-18     name, the trade name together with the names of the owners; and

2-19                 (3)  if the owner or operator is a corporation, the

2-20     names and titles of the corporate officers.

2-21           (d)  For the purpose of complying with Subsection (a), if a

2-22     newspaper of general circulation:

2-23                 (1)  in the municipality is not published in the

2-24     municipality, the notice shall be published in a newspaper of

2-25     general circulation in the municipality published in the county

2-26     where the building or location is located; or

2-27                 (2)  in the county is not published in the county, the

 3-1     notice shall be published in a newspaper of general circulation in

 3-2     the county published in the neighboring county closest to the

 3-3     building or location.

 3-4           (e)  The municipality or county may adopt other notice

 3-5     requirements, including requirements that the person intending to

 3-6     use a building or location for a purpose under Subsection (a)

 3-7     timely inform adjoining landowners, residents within a specified

 3-8     distance of the proposed building or location, or other classes of

 3-9     persons or businesses within a specified distance determined by the

3-10     municipality or county.

3-11           (f)  A sexually oriented business may not operate in or use a

3-12     building or operate at a location unless a municipality's or

3-13     county's regulations adopted under this section have been followed

3-14     in connection with that sexually oriented business.

3-15           SECTION 2.  Section 243.010, Local Government Code, is

3-16     amended to read as follows:

3-17           Sec. 243.010. ENFORCEMENT.  (a) A municipality or county may

3-18     sue in the district court for an injunction to prohibit:

3-19                 (1)  a person from constructing, operating, or using a

3-20     building or location for a sexually oriented business if the person

3-21     has not complied with an applicable notice requirement adopted

3-22     under Section 243.0035; or

3-23                 (2)  any other [the] violation of a regulation adopted

3-24     under this chapter.

3-25           (b)  A person who constructs, operates, or uses a building or

3-26     location for a sexually oriented business without complying with

3-27     the notice requirements adopted by a municipality or county under

 4-1     Section 243.0035 is liable to the municipality or county for a

 4-2     civil penalty of $100 a day for each day on which the construction,

 4-3     operation, or use of the building or location for a sexually

 4-4     oriented business occurs without compliance with the notice

 4-5     requirements.

 4-6           (c)  A person commits an offense if the person violates a

 4-7     municipal or county regulation adopted under this chapter.  An

 4-8     offense under this subsection is a Class A misdemeanor.

 4-9           SECTION 3.  This Act takes effect September 1, 1997.

4-10           SECTION 4.  The importance of this legislation and the

4-11     crowded condition of the calendars in both houses create an

4-12     emergency and an imperative public necessity that the

4-13     constitutional rule requiring bills to be read on three several

4-14     days in each house be suspended, and this rule is hereby suspended.