By Nixon H.B. No. 3390 76R110 BEM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to prohibiting the possession or consumption of alcoholic 1-3 beverages on the premises of certain sexually oriented businesses. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 101, Alcoholic Beverage 1-6 Code, is amended by adding Section 101.76 to read as follows: 1-7 Sec. 101.76. ALCOHOLIC BEVERAGES PROHIBITED ON PREMISES OF 1-8 CERTAIN SEXUALLY ORIENTED BUSINESSES. (a) In this section, 1-9 "sexually oriented business" has the meaning assigned by Section 1-10 243.002, Local Government Code. 1-11 (b) A person who owns or operates a sexually oriented 1-12 business that provides totally nude live entertainment commits an 1-13 offense if the person knowingly allows a person to possess or 1-14 consume an alcoholic beverage on the premises of the sexually 1-15 oriented business. 1-16 (c) A person commits an offense if the person possesses or 1-17 consumes an alcoholic beverage on the premises of a sexually 1-18 oriented business that provides totally nude live entertainment. 1-19 (d) An offense under this section is a Class B misdemeanor. 1-20 SECTION 2. (a) The change in law made by this Act applies 1-21 to the holder of a food and beverage certificate issued by the 1-22 Texas Alcoholic Beverage Commission. 1-23 (b) The change in law made by this Act applies only to an 1-24 offense committed on or after the effective date of this Act. For 2-1 the purposes of this section, an offense is committed before the 2-2 effective date of this Act if any element of the offense occurs 2-3 before that date. 2-4 SECTION 3. This Act takes effect September 1, 1999. 2-5 SECTION 4. The importance of this legislation and the 2-6 crowded condition of the calendars in both houses create an 2-7 emergency and an imperative public necessity that the 2-8 constitutional rule requiring bills to be read on three several 2-9 days in each house be suspended, and this rule is hereby suspended.