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Regular Session, 2021, is repealed.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