By Bailey                                       H.B. No. 2757

      75R8646 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of sexually oriented businesses in

 1-3     certain areas.

 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.  ADDITIONAL REGULATION IN CERTAIN AREAS.  (a)

 1-8     This section applies only to a county with a population of

 1-9     2,800,000 or more and to a municipality that has a majority of its

1-10     area located in that county.

1-11           (b)  A county or municipality that has adopted licensing or

1-12     permitting regulations for a sexually oriented business may also

1-13     adopt procedures to identify the licenses or permits that, on a

1-14     case by case basis, may be issued only under certain conditions or

1-15     restrictions.

1-16           (c)  A condition or restriction may be placed on a license or

1-17     permit if the commissioners court of the county or the governing

1-18     body of the municipality or the court's or governing body's

1-19     designee determines that there are specific circumstances that

1-20     threaten the public health and safety and the placement of the

1-21     condition or restriction is necessary to protect the public health

1-22     or safety.

1-23           (d)  The county or municipality may condition the issuance of

1-24     a license or a permit on the applicant's promise to conform to the

 2-1     conditions and restrictions placed on the license or permit.

 2-2           SECTION 2.  This Act takes effect September 1, 1997.

 2-3           SECTION 3.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended.