79R8183 MCK-F

By:  Chisum                                                       H.B. No. 2533



A BILL TO BE ENTITLED

AN ACT

relating to the possession of alcoholic beverages on the premises 
of certain sexually oriented businesses; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 101, Alcoholic Beverage 
Code, is amended by adding Section 101.76 to read as follows:
	Sec. 101.76.  POSSESSION OF ALCOHOLIC BEVERAGES PROHIBITED 
ON PREMISES OF CERTAIN SEXUALLY ORIENTED BUSINESSES.  (a)  In this 
section:
		(1)  "Massage establishment" has the meaning assigned 
by Section 455.001, Occupations Code.
		(2)  "Nude" means a person who is:                                     
			(A)  entirely unclothed;  or                                          
			(B)  clothed in a manner that leaves uncovered or 
visible through less than fully opaque clothing any portion of the 
breasts below the top of the areola of the breasts, if the person is 
female, or any portion of the genitals or buttocks.
		(3)  "Open container" means a bottle, can, or other 
receptacle that contains any amount of alcoholic beverage and that 
is open, that has been opened, that has a broken seal, or the 
contents of which are partially removed.
		(4)  "Sexually oriented commercial activity" means a 
massage establishment, nude studio, modeling studio, love parlor, 
or other similar commercial enterprise the primary business of 
which is the offering of a service that is intended to provide 
sexual stimulation or sexual gratification to the customer.
	(b)  A person commits an offense if the person knowingly 
possesses an open container of an alcoholic beverage on the 
premises of:
		(1)  a sexually oriented commercial activity; or                       
		(2)  a business that permits, requests, or requires a 
person to work in the nude.
	(c)  An offense under this section is a Class C misdemeanor.            
	SECTION 2.  This Act takes effect September 1, 2005.