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.