Texas 2021 - 87th Regular

Texas House Bill HB2054 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R4666 DRS-D
2	2	By: Beckley H.B. No. 2054
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to municipal and county regulation of sex parlors,
8	8	including the imposition of civil and criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 243, Local Government Code, is amended
11	11	by designating Sections 243.001 through 243.011 as Subchapter A and
12	12	adding a subchapter heading to read as follows:
13	13	SUBCHAPTER A. SEXUALLY ORIENTED BUSINESSES
14	14	SECTION 2. Section 243.001, Local Government Code, is
15	15	amended to read as follows:
16	16	Sec. 243.001. PURPOSE; EFFECT ON OTHER REGULATORY
17	17	AUTHORITY. (a) The legislature finds that the unrestricted
18	18	operation of certain sexually oriented businesses may be
19	19	detrimental to the public health, safety, and welfare by
20	20	contributing to the decline of residential and business
21	21	neighborhoods and the growth of criminal activity. The purpose of
22	22	this subchapter [chapter] is to provide local governments a means
23	23	of remedying this problem.
24	24	(b) This subchapter [chapter] does not diminish the
25	25	authority of a local government to regulate sexually oriented
26	26	businesses with regard to any matters.
27	27	SECTION 3. Section 243.002, Local Government Code, is
28	28	amended to read as follows:
29	29	Sec. 243.002. DEFINITION. In this subchapter [chapter],
30	30	"sexually oriented business" means a sex parlor, nude studio,
31	31	modeling studio, love parlor, adult bookstore, adult movie theater,
32	32	adult video arcade, adult movie arcade, adult video store, adult
33	33	motel, or other commercial enterprise the primary business of which
34	34	is the offering of a service or the selling, renting, or exhibiting
35	35	of devices or any other items intended to provide sexual
36	36	stimulation or sexual gratification to the customer.
37	37	SECTION 4. Section 243.004, Local Government Code, is
38	38	amended to read as follows:
39	39	Sec. 243.004. EXEMPT BUSINESS. The following are exempt
40	40	from regulation under this subchapter [chapter]:
41	41	(1) a bookstore, movie theater, or video store, unless
42	42	that business is an adult bookstore, adult movie theater, or adult
43	43	video store under Section 243.002;
44	44	(2) a business operated by or employing a licensed
45	45	psychologist, licensed physical therapist, licensed athletic
46	46	trainer, licensed cosmetologist, or licensed barber engaged in
47	47	performing functions authorized under the license held; or
48	48	(3) a business operated by or employing a licensed
49	49	physician or licensed chiropractor engaged in practicing the
50	50	healing arts.
51	51	SECTION 5. Section 243.005, Local Government Code, is
52	52	amended to read as follows:
53	53	Sec. 243.005. BUSINESS LICENSED UNDER ALCOHOLIC BEVERAGE
54	54	CODE: BUSINESS HAVING COIN-OPERATED MACHINES. (a) A business is
55	55	not exempt from regulation under this subchapter [chapter] because
56	56	it holds a license or permit under the Alcoholic Beverage Code
57	57	authorizing the sale or service of alcoholic beverages or because
58	58	it contains one or more coin-operated machines that are subject to
59	59	regulation or taxation, or both, under Chapter 8, Title 132,
60	60	Revised Statutes.
61	61	(b) A regulation adopted under this subchapter [chapter]
62	62	may not discriminate against a business on the basis of whether the
63	63	business holds a license or permit under the Alcoholic Beverage
64	64	Code or on the basis of whether it contains one or more
65	65	coin-operated machines that are subject to regulation or taxation,
66	66	or both, under Chapter 8, Title 132, Revised Statutes.
67	67	(c) This subchapter [chapter] does not affect the existing
68	68	preemption by the state of the regulation of alcoholic beverages
69	69	and the alcoholic beverage industry as provided by Section 1.06,
70	70	Alcoholic Beverage Code.
71	71	SECTION 6. Section 243.007(b), Local Government Code, is
72	72	amended to read as follows:
73	73	(b) The municipal or county regulations adopted under this
74	74	subchapter [chapter] may provide for the denial, suspension, or
75	75	revocation of a license or other permit by the municipality or
76	76	county.
77	77	SECTION 7. Section 243.008, Local Government Code, is
78	78	amended to read as follows:
79	79	Sec. 243.008. INSPECTION. A municipality or county may
80	80	inspect a sexually oriented business to determine compliance with
81	81	this subchapter [chapter] and regulations adopted under this
82	82	subchapter [chapter] by the municipality or county.
83	83	SECTION 8. Section 243.009, Local Government Code, is
84	84	amended to read as follows:
85	85	Sec. 243.009. FEES. A municipality or county may impose
86	86	fees on applicants for a license or other permit issued under this
87	87	subchapter [chapter] or for the renewal of the license or other
88	88	permit. The fees must be based on the cost of processing the
89	89	applications and investigating the applicants.
90	90	SECTION 9. Section 243.010, Local Government Code, is
91	91	amended to read as follows:
92	92	Sec. 243.010. ENFORCEMENT. (a) A municipality or county
93	93	may sue in the district court for an injunction to prohibit the
94	94	violation of a regulation adopted under this subchapter [chapter].
95	95	(b) A person commits an offense if the person violates a
96	96	municipal or county regulation adopted under this subchapter
97	97	[chapter]. An offense under this subsection is a Class A
98	98	misdemeanor.
99	99	SECTION 10. Section 243.011, Local Government Code, is
100	100	amended to read as follows:
101	101	Sec. 243.011. EFFECT ON OTHER LAWS. This subchapter
102	102	[chapter] does not legalize anything prohibited under the Penal
103	103	Code or other state law.
104	104	SECTION 11. Subchapter D, Chapter 234, Local Government
105	105	Code, is transferred to Chapter 243, Local Government Code,
106	106	redesignated as Subchapter B, Chapter 243, Local Government Code,
107	107	and amended to read as follows:
108	108	SUBCHAPTER B [D]. SEX [MASSAGE] PARLORS
109	109	Sec. 243.051 [234.101]. DEFINITIONS. In this subchapter:
110	110	(1) "Nude" and "sexual contact" have the meanings
111	111	assigned by Section 455.202, Occupations Code.
112	112	(2) "Sex parlor" ["Massage parlor"] means a business
113	113	establishment that purports to provide [massage] services
114	114	involving physical contact with a customer and that allows:
115	115	(A) [a nude person to provide massage services to
116	116	a customer;
117	117	[(B)] a person to engage in sexual contact for
118	118	compensation; or
119	119	(B) [(C)] a person to provide [massage] services
120	120	involving physical contact with a customer in a private or
121	121	semiprivate location while nude or wearing [in] clothing intended
122	122	to arouse or gratify the sexual desire of any person.
123	123	[(2) "Nude" and "sexual contact" have the meanings
124	124	assigned by Section 455.202, Occupations Code.]
125	125	Sec. 243.052 [234.102]. AUTHORITY TO REGULATE. To promote
126	126	public health, safety, and welfare, the governing body of a
127	127	municipality by ordinance or the commissioners court of a county by
128	128	order may prohibit or otherwise regulate sex [massage] parlors
129	129	[located in the unincorporated area of the county].
130	130	Sec. 243.053 [234.103]. INJUNCTION. If a sex [massage]
131	131	parlor has previously violated a prohibition or other regulation
132	132	adopted under this subchapter, a district or county attorney may
133	133	bring suit to enjoin the operation of a sex [massage] parlor in
134	134	violation or threatened violation of a prohibition or other
135	135	regulation adopted under this subchapter.
136	136	Sec. 243.054 [234.104]. CIVIL PENALTY. (a) A person who
137	137	violates a prohibition or regulation adopted by a municipality or
138	138	[the] county under this subchapter is liable to the municipality or
139	139	county, as applicable, for a civil penalty of not more than $1,000
140	140	for each violation. Each day a violation continues is considered a
141	141	separate violation for purposes of assessing the civil penalty.
142	142	(b) A municipality or county may bring suit in a district
143	143	court to recover a civil penalty authorized by Subsection (a).
144	144	Sec. 243.055 [234.105]. CRIMINAL PENALTY. (a) A person
145	145	commits an offense if the person intentionally or knowingly
146	146	operates a sex [massage] parlor in violation of a prohibition or
147	147	regulation adopted under this subchapter [by the commissioners
148	148	court].
149	149	(b) An offense under this section is a Class A misdemeanor.
150	150	Sec. 243.056 [234.106]. CUMULATIVE EFFECT. Authority
151	151	under this subchapter is cumulative of other authority that a
152	152	county or municipality has to regulate sex [massage] parlors and
153	153	does not limit that other authority.
154	154	Sec. 243.057 [234.107]. EFFECT ON OTHER LAWS. (a) This
155	155	subchapter does not legalize anything prohibited under the Penal
156	156	Code or other state law.
157	157	(b) A person who is subject to prosecution under this
158	158	section and any other law may be prosecuted under either or both
159	159	laws.
160	160	SECTION 12. Section 109.57(d), Alcoholic Beverage Code, is
161	161	amended to read as follows:
162	162	(d) This section does not affect the authority of a
163	163	governmental entity to regulate, in a manner as otherwise permitted
164	164	by law, the location of:
165	165	(1) a sex [massage] parlor, nude modeling studio, or
166	166	other sexually oriented business;
167	167	(2) an establishment that derives 75 percent or more
168	168	of the establishment's gross revenue from the on-premise sale of
169	169	alcoholic beverages; or
170	170	(3) an establishment that:
171	171	(A) derives 50 percent or more of the
172	172	establishment's gross revenue from the on-premise sale of alcoholic
173	173	beverages; and
174	174	(B) is located in a municipality or county, any
175	175	portion of which is located not more than 50 miles from an
176	176	international border.
177	177	SECTION 13. This Act takes effect September 1, 2021.