| 1 | 1 | | 88R13524 SCP-D |
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| 2 | 2 | | By: Shaheen H.B. No. 3360 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a prohibition on the presence of minors at certain |
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| 8 | 8 | | performances facilitated by certain alcoholic beverage permit and |
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| 9 | 9 | | license holders. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Section 106.17, Alcoholic |
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| 12 | 12 | | Beverage Code, as added by Chapter 942 (S.B. 766), Acts of the 87th |
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| 13 | 13 | | Legislature, Regular Session, 2021, is amended to read as follows: |
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| 14 | 14 | | Sec. 106.17. PRESENCE OR EMPLOYMENT OF CERTAIN PERSONS AT |
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| 15 | 15 | | PERMITTED OR LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED |
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| 16 | 16 | | BUSINESS OR HOLDING SEXUAL PERFORMANCES. |
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| 17 | 17 | | SECTION 2. Section 106.17, Alcoholic Beverage Code, as |
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| 18 | 18 | | added by Chapter 942 (S.B. 766), Acts of the 87th Legislature, |
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| 19 | 19 | | Regular Session, 2021, is amended by amending Subsections (a) and |
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| 20 | 20 | | (b) and adding Subsection (a-1) to read as follows: |
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| 21 | 21 | | (a) In this section, "sexual performance" means a |
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| 22 | 22 | | performance in which a performer: |
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| 23 | 23 | | (1) dances in a lewd manner that: |
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| 24 | 24 | | (A) depicts the exhibition of the genitals or |
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| 25 | 25 | | pubic area of an unclothed, partially clothed, or clothed |
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| 26 | 26 | | individual with the intent of appealing to the prurient interest in |
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| 27 | 27 | | sex; and |
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| 28 | 28 | | (B) has no serious literary, artistic, |
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| 29 | 29 | | political, or scientific value; or |
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| 30 | 30 | | (2) exhibits sexual gesticulations using accessories |
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| 31 | 31 | | or prosthetics that exaggerate male or female primary or secondary |
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| 32 | 32 | | sexual characteristics. |
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| 33 | 33 | | (a-1) An individual younger than 18 years of age may not be |
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| 34 | 34 | | on premises covered by a permit or license issued under this code |
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| 35 | 35 | | if: |
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| 36 | 36 | | (1) a sexually oriented business, as defined by |
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| 37 | 37 | | Section 243.002, Local Government Code, operates on the premises; |
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| 38 | 38 | | or |
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| 39 | 39 | | (2) the holder of the permit or license facilitates a |
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| 40 | 40 | | sexual performance on the premises. |
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| 41 | 41 | | (b) The holder of a permit or license covering a premises |
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| 42 | 42 | | described by Subsection (a-1) [(a)] may not: |
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| 43 | 43 | | (1) knowingly or recklessly allow an individual |
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| 44 | 44 | | younger than 18 years of age to be on the premises; or |
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| 45 | 45 | | (2) enter into a contract, other than a contract |
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| 46 | 46 | | described by Section 51.016(g), Labor Code, with an individual |
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| 47 | 47 | | younger than 21 years of age for the performance of work or the |
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| 48 | 48 | | provision of a service on the premises. |
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| 49 | 49 | | SECTION 3. Section 106.17, Alcoholic Beverage Code, as |
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| 50 | 50 | | added by Chapter 79 (S.B. 315), Acts of the 87th Legislature, |
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| 51 | 51 | | Regular Session, 2021, is repealed. |
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| 52 | 52 | | SECTION 4. To the extent of any conflict, this Act prevails |
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| 53 | 53 | | over another Act of the 88th Legislature, Regular Session, 2023, |
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| 54 | 54 | | relating to nonsubstantive additions to and corrections in enacted |
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| 55 | 55 | | codes. |
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| 56 | 56 | | SECTION 5. This Act takes effect September 1, 2023. |
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