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A BILL TO BE ENTITLED
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AN ACT
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relating to restricting certain sexually oriented performances on |
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public property, on the premises of a commercial enterprise, or in |
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the presence of a child; authorizing a civil penalty; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 769 to read as follows: |
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CHAPTER 769. SEXUALLY ORIENTED PERFORMANCES |
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Sec. 769.001. DEFINITIONS. In this chapter: |
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(1) "Premises" has the meaning assigned by Section |
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46.03, Penal Code. |
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(2) "Sexually oriented performance" has the meaning |
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assigned by Section 43.28, Penal Code. |
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Sec. 769.002. CERTAIN SEXUALLY ORIENTED PERFORMANCES |
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PROHIBITED ON PREMISES OF COMMERCIAL ENTERPRISE; CIVIL PENALTY; |
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INJUNCTION. (a) A person who controls the premises of a commercial |
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enterprise may not allow a sexually oriented performance to be |
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presented on the premises in the presence of an individual younger |
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than 18 years of age. |
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(b) A person who violates this section is liable to this |
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state for a civil penalty of not more than $10,000 for each |
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violation. |
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(c) The attorney general may bring an action to: |
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(1) recover the civil penalty imposed under this |
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section; or |
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(2) obtain a temporary or permanent injunction to |
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restrain the violation. |
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(d) An action under this section may be brought in a |
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district court in: |
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(1) Travis County; or |
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(2) a county in which any part of the violation occurs. |
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(e) The attorney general shall deposit a civil penalty |
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collected under this section in the state treasury to the credit of |
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the general revenue fund. |
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(f) The attorney general may recover reasonable expenses |
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incurred in bringing an action under this section, including court |
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costs, attorney's fees, investigative costs, witness fees, and |
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deposition expenses. |
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SECTION 2. Chapter 243, Local Government Code, is amended |
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by adding Section 243.0031 to read as follows: |
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Sec. 243.0031. AUTHORITY TO REGULATE CERTAIN SEXUALLY |
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ORIENTED PERFORMANCES. (a) In this section, "sexually oriented |
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performance" has the meaning assigned by Section 43.28, Penal Code. |
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(b) Subject to Subsection (c), a municipality or county may |
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regulate sexually oriented performances as the municipality or |
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county considers necessary to promote the public health, safety, or |
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welfare. |
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(c) A municipality or county may not authorize a sexually |
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oriented performance: |
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(1) on public property; or |
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(2) in the presence of an individual younger than 18 |
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years of age. |
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(d) Except as provided by Subsection (c), this section does |
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not limit the authority of a municipality to license, tax, |
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suppress, prevent, or otherwise regulate theatrical or other |
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exhibitions, shows, or amusements under Section 215.032. |
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SECTION 3. Subchapter B, Chapter 43, Penal Code, is amended |
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by adding Section 43.28 to read as follows: |
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Sec. 43.28. CERTAIN SEXUALLY ORIENTED PERFORMANCES |
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PROHIBITED. (a) In this section: |
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(1) "Sexual conduct" means: |
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(A) the exhibition or representation, actual or |
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simulated, of sexual acts, including vaginal sex, anal sex, and |
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masturbation; |
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(B) the exhibition or representation, actual or |
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simulated, of male or female genitals in a lewd state, including a |
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state of sexual stimulation or arousal; |
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(C) the exhibition of a device designed and |
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marketed as useful primarily for the sexual stimulation of male or |
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female genitals; or |
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(D) actual contact or simulated contact |
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occurring between one person and the buttocks, breast, or any part |
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of the genitals of another person. |
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(2) "Sexually oriented performance" means a visual |
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performance that: |
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(A) features: |
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(i) a performer who is nude, as defined by |
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Section 102.051, Business & Commerce Code; |
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(ii) a male performer exhibiting as a |
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female, or a female performer exhibiting as a male, who uses |
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clothing, makeup, or other similar physical markers and who sings, |
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lip syncs, dances, or otherwise performs before an audience; or |
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(iii) any other performer who engages in |
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sexual conduct; and |
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(B) appeals to the prurient interest in sex. |
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(b) A person commits an offense if, regardless of whether |
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compensation for the performance is expected or received, the |
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person engages in a sexually oriented performance: |
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(1) on public property at a time, in a place, and in a |
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manner that could reasonably be expected to be viewed by a child; or |
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(2) in the presence of an individual younger than 18 |
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years of age. |
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(c) An offense under this section is a Class A misdemeanor. |
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SECTION 4. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared severable. |
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SECTION 5. This Act takes effect September 1, 2023. |