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.