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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a venue for sexually oriented performances to |
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provide certain content warnings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 17, Business & Commerce Code, is amended |
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by adding Subchapter M to read as follows: |
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SUBCHAPTER M. NOTICE REQUIREMENTS FOR CERTAIN ADULT ORIENTED |
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BUSINESSES |
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Sec. 17.975. DEFINITIONS. In this subchapter: |
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(1) "Sexually oriented performance" means a visual |
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performance that appeals to the prurient interest by: |
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(A) featuring a performer who is nude, as defined |
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by Section 102.051, Business & Commerce Code; or |
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(B) featuring a male performer that exhibits as a |
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female or a female performer that exhibits as a male using clothing, |
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makeup, or other physical markers and signs, lip syncs, dances, or |
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otherwise performs before an audience for entertainment. |
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(2) "Sexually oriented performance venue" means a |
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nightclub, bar, restaurant, or other commercial enterprise that |
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provides for an audience of two or more individuals a sexually |
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oriented performance. |
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Sec. 17.976. CONTENT WARNING REQUIRED. A sexually oriented |
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performance venue shall: |
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(1) post in a prominent place by each public entrance a |
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sign conspicuously warning prospective patrons of the type and |
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content of the scheduled sexually oriented performance, including |
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whether the performance contains sexual content; and |
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(2) include the warning in any advertisement for the |
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performance, including any advertisement that appears on a social |
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media website. |
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Sec. 17.977. DECEPTIVE TRADE PRACTICE. A violation of |
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Section 17.976 is a deceptive trade practice under Subchapter E, |
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Chapter 17, and is actionable under that subchapter. |
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SECTION 2. Not later than January 1, 2024, a sexually |
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oriented performance venue shall comply with Subchapter M, Chapter |
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17, Business & Commerce Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |