Texas House Bill HB3240

Texas 2023 - 88th Regular

• Filed: 3/2/23

Caption

Relating to the cancellation or suspension of a permit because the permittee facilitated a sexual performance in the presence of children.

Impact

The bill directly impacts the Alcoholic Beverage Code by adding a provision that increases the accountability of permit holders regarding activities conducted on their premises. By empowering authorities to suspend or revoke permits based on the facilitation of inappropriate performances, it aims to deter such behavior and promote a safer environment for children. This measure also reflects an effort to strengthen regulations around the sale of alcoholic beverages and the associated establishments.

Summary

House Bill 3240 addresses issues concerning the facilitation of sexual performances in the presence of minors by introducing provisions for the cancellation or suspension of permits issued for the sale of alcoholic beverages. If a permittee is found to have allowed such performances, they may face permit suspension for up to 60 days or cancellation. The bill outlines specific criteria under which this action can be taken, emphasizing the protection of minors and the community's moral standards.

Sentiment

The sentiment surrounding HB 3240 appears to be generally supportive among lawmakers concerned about child welfare and community morals. This response is particularly evident among legislators advocating for stricter control over establishments where minors might be exposed to inappropriate content. However, there may be some concerns regarding the broad application of the bill's provisions and the potential implications for businesses that might unintentionally violate these new standards.

Contention

Notable points of contention may arise regarding the interpretation of what constitutes a 'sexual performance' and how this is enforced in practice. Critics may argue that the bill places excessive burdens on business owners and creates an environment of fear among permittees, leading to overly cautious behavior that could adversely affect legitimate businesses. Therefore, while the intent of the bill is to protect minors, its implementation might spark discussions on balancing regulation with economic activity.

Texas Constitutional Statutes Affected

Alcoholic Beverage Code

• Chapter 11. Provisions Generally Applicable To Permits
  • Section: New Section