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A BILL TO BE ENTITLED
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AN ACT
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relating to a sign advertising or identifying a sexually oriented |
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business; providing civil and criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The purposes of this Act are to mitigate the |
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adverse secondary effects of sexually oriented businesses, improve |
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traffic safety, limit harm to minors, reduce prostitution, crime, |
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juvenile delinquency, and deterioration in property values, and |
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encourage neighborhood improvement efforts. |
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SECTION 2. Chapter 47, Business & Commerce Code, is amended |
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by adding Section 47.005 to read as follows: |
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Sec. 47.005. SIGNS. (a) In this section: |
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(1) "Nude" means: |
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(A) entirely unclothed; or |
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(B) clothed in a manner that leaves uncovered or |
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visible through less than fully opaque clothing any portion of the |
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breasts below the top of the areola of the breasts, if the person is |
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female, or any portion of the genitals or buttocks. |
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(2) "Obscene" has the meaning assigned by Section |
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43.21, Penal Code. |
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(b) Except as provided by Subsection (c), a person may not |
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place or maintain an outdoor sign advertising or identifying a |
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sexually oriented business. |
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(c) A person may place and maintain not more than two |
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on-premise signs, as defined by Section 216.002, Local Government |
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Code, identifying a sexually oriented business. Each sign may not |
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exceed 40 square feet in size and may include only the business's |
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name, street address, telephone number, and operating hours. A |
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sign authorized by this subsection may not contain obscene material |
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or a depiction of a nude person. |
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(d) A person who violates this section commits an offense. |
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An offense under this subsection is a Class B misdemeanor. |
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(e) A person who violates this section is liable to the |
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state for a civil penalty. The attorney general may sue to collect |
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the penalty. The amount of the civil penalty is not less than $500 |
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or more than $1,000 for each violation, depending on the |
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seriousness of the violation. A separate penalty may be collected |
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for each day a continuing violation occurs. |
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SECTION 3. A sign that exists on the effective date of this |
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Act and that does not comply with Section 47.005, Business & |
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Commerce Code, as added by this Act, may be maintained until August |
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31, 2010. After August 31, 2010, the sign must comply with that |
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section. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |