78R1597 MXM-D


By:  West                                                         H.B. No. 1747



A BILL TO BE ENTITLED

AN ACT

relating to requiring counties to regulate sexually oriented 
businesses.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 243, Local Government Code, is amended 
by designating Sections 243.001-243.011 as Subchapter A and adding 
a heading for Subchapter A to read as follows:

SUBCHAPTER A.  GENERAL PROVISIONS
	SECTION 2.  Chapter 243, Local Government Code, is amended 
by adding Subchapter B to read as follows:

SUBCHAPTER B.  ELECTION REQUIRING COUNTY REGULATION
	Sec. 243.051.  COUNTY REGULATION REQUIRED.  A county may be 
required to regulate sexually oriented businesses under Subchapter 
A to the extent provided by this subchapter following an election 
held under this subchapter.
	Sec. 243.052.  PETITION.  (a) A petition for an election under 
this subchapter must include a statement worded substantially as 
follows and located on each page of the petition preceding the space 
reserved for signatures: "This petition requests that an election 
be held in (name of county) to require the county to regulate 
sexually oriented businesses in the unincorporated areas of the 
county."
	(b)  To be valid, a petition must be signed by registered 
voters of the unincorporated area of the county in a number equal to 
at least five percent of the number of votes received by all 
candidates for governor in the unincorporated area of the county in 
the most recent gubernatorial general election.
	(c)  Not later than the fifth day after the date the 
commissioners court of the county receives a petition, the court 
shall submit the petition for verification to the county clerk, who 
shall determine whether the petition meets the requirements imposed 
by this section.
	(d)  Not later than the 30th day after the date the petition 
is submitted to the county clerk for verification, the county clerk 
shall certify in writing to the commissioners court whether the 
petition is valid.  If the county clerk determines that the petition 
is invalid, the clerk shall state the reasons for that 
determination.
	Sec. 243.053.  ELECTION.  (a)  If the county clerk certifies 
that a petition is valid under Section 243.052, the commissioners 
court shall order an election to be held on the first uniform 
election date in November that occurs after the date the court 
receives the county clerk's certification and that allows for 
compliance with the time requirements prescribed by Chapter 3, 
Election Code.
	(b)  The ballot for the election shall be printed to provide 
for voting for or against the proposition: "Requiring (name of 
county) to regulate sexually oriented businesses in the 
unincorporated areas of the county."
	(c)  If a majority of the votes cast at the election approve 
the proposition, the county is required to adopt regulations under 
Subchapter A to:
		(1)  restrict:                                                         
			(A)  the location of sexually oriented businesses 
to particular areas;  and
			(B)  the density of sexually oriented businesses; 
and               
		(2)  prohibit the location of sexually oriented 
businesses within a certain distance of a school, regular place of 
religious worship, residential neighborhood, or other specified 
land use the commissioners court finds to be inconsistent with the 
operation of a sexually oriented business.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.