Texas 2023 - 88th Regular

Texas House Bill HB4129 Compare Versions

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1	1	88R7582 SRA-D
2	2	By: Slaton H.B. No. 4129
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting certain erotic performances; creating a
8	8	criminal offense; authorizing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 102.001, Business & Commerce Code, is
11	11	amended to read as follows:
12	12	Sec. 102.001. DEFINITIONS. In this subchapter:
13	13	(1) "Child" means an individual younger than 18 years
14	14	of age.
15	15	(2) "Erotic performance" has the meaning assigned by
16	16	Section 243.002, Local Government Code.
17	17	(3) "Sex offender" means a person who has been
18	18	convicted of or placed on deferred adjudication for an offense for
19	19	which a person is subject to registration under Chapter 62, Code of
20	20	Criminal Procedure.
21	21	(4) [(2)] "Sexually oriented business" has the
22	22	meaning assigned by Section 243.002, Local Government Code.
23	23	SECTION 2. Section 102.0031, Business & Commerce Code, is
24	24	amended to read as follows:
25	25	Sec. 102.0031. PROHIBITION ON [CERTAIN ACTIVITIES BY]
26	26	BUSINESS ALLOWING [IN RELATION TO A] CHILD ON PREMISES. A sexually
27	27	oriented business may not allow a child [an individual younger than
28	28	18 years of age] to enter the premises of the business.
29	29	SECTION 3. Subchapter A, Chapter 102, Business & Commerce
30	30	Code, is amended by adding Section 102.0032 to read as follows:
31	31	Sec. 102.0032. PROHIBITION ON BUSINESS ALLOWING EROTIC
32	32	PERFORMANCE IN PRESENCE OF CHILD. A sexually oriented business may
33	33	not allow an erotic performance to take place in the presence of a
34	34	child.
35	35	SECTION 4. Section 102.004(a), Business & Commerce Code, is
36	36	amended to read as follows:
37	37	(a) The attorney general or appropriate district or county
38	38	attorney, in the name of the state, may bring an action for an
39	39	injunction or other process against a person who violates or
40	40	threatens to violate Section 102.002, 102.003, [or] 102.0031, or
41	41	102.0032.
42	42	SECTION 5. Section 102.005, Business & Commerce Code, is
43	43	amended by amending Subsection (c) and adding Subsections (b-1) and
44	44	(d) to read as follows:
45	45	(b-1) A sexually oriented business commits an offense if the
46	46	business violates Section 102.0032.
47	47	(c) An offense under Subsection (a) or (b) [this section] is
48	48	a Class A misdemeanor.
49	49	(d) An offense under Subsection (b-1) is a felony of the
50	50	third degree.
51	51	SECTION 6. Subchapter A, Chapter 102, Business & Commerce
52	52	Code, is amended by adding Sections 102.006 and 102.007 to read as
53	53	follows:
54	54	Sec. 102.006. CIVIL AND OTHER PENALTY. (a) A sexually
55	55	oriented business that violates Section 102.0032 is:
56	56	(1) liable to this state for a civil penalty not to
57	57	exceed $10,000 for each violation; and
58	58	(2) subject to the revocation of applicable licenses
59	59	for a second violation in accordance with Section 102.007.
60	60	(b) The attorney general may bring an action in the name of
61	61	the state to recover a civil penalty under this section.
62	62	(c) The action may be brought in a district court in:
63	63	(1) Travis County; or
64	64	(2) a county in which any part of the violation occurs.
65	65	(d) A civil penalty collected under this section shall be
66	66	deposited in the state treasury to the credit of the general revenue
67	67	fund.
68	68	Sec. 102.007. NOTICE TO LICENSING AUTHORITY; REVOCATION OF
69	69	CERTAIN LICENSES. (a) In this section:
70	70	(1) "License" means a license, certificate,
71	71	registration, permit, or other authorization that:
72	72	(A) is issued by a licensing authority;
73	73	(B) is subject before expiration to renewal,
74	74	suspension, revocation, forfeiture, or termination by a licensing
75	75	authority; and
76	76	(C) a person must obtain to:
77	77	(i) practice or engage in a particular
78	78	business, occupation, or profession; or
79	79	(ii) engage in any other regulated
80	80	commercial activity for which a license or permit is required.
81	81	(2) "Licensing authority" means a department,
82	82	commission, board, office, or other agency of this state or a
83	83	political subdivision of this state, including a municipality or
84	84	county with regulatory authority under Section 243.007, Local
85	85	Government Code, that issues or renews a license or that otherwise
86	86	has authority to suspend or refuse to renew a license.
87	87	(b) Not later than the 30th day after the date the attorney
88	88	general prevails in a second action against a sexually oriented
89	89	business under Section 102.006, the attorney general shall provide
90	90	notice to each appropriate licensing authority with regulatory
91	91	authority over licensing the business. If authorized under
92	92	applicable law, the licensing authority shall revoke the business's
93	93	license through the applicable revocation process.
94	94	SECTION 7. Section 102.051, Business & Commerce Code, is
95	95	amended to read as follows:
96	96	Sec. 102.051. DEFINITIONS. In this subchapter:
97	97	(1) "Business" means a foreign or domestic for-profit
98	98	or nonprofit entity.
99	99	(1-a) "Erotic performance" has the meaning assigned by
100	100	Section 243.002, Local Government Code.
101	101	(1-b) "Nude" means:
102	102	(A) entirely unclothed; or
103	103	(B) clothed in a manner that leaves uncovered or
104	104	visible through less than fully opaque clothing any portion of the
105	105	breasts below the top of the areola of the breasts, if the person is
106	106	female, or any portion of the genitals or buttocks.
107	107	(2) "Sexually oriented business" means:
108	108	(A) a nightclub, bar, restaurant, or similar
109	109	commercial enterprise that:
110	110	(i) [(A)] provides for an audience of two
111	111	or more individuals live nude entertainment or live nude
112	112	performances; and
113	113	(ii) [(B)] authorizes on-premises
114	114	consumption of alcoholic beverages, regardless of whether the
115	115	consumption of alcoholic beverages is under a license or permit
116	116	issued under the Alcoholic Beverage Code; or
117	117	(B) a business that provides for an audience of
118	118	two or more individuals an erotic performance.
119	119	SECTION 8. Section 243.002, Local Government Code, is
120	120	amended to read as follows:
121	121	Sec. 243.002. DEFINITIONS [DEFINITION]. In this chapter:
122	122	(1) "Biological sex" means the physical condition of
123	123	being male or female as determined by the sex organs, chromosomes,
124	124	and endogenous profile of the individual at birth.
125	125	(2) "Business" means a foreign or domestic for-profit
126	126	or nonprofit entity.
127	127	(3) "Erotic performance" means a performance with the
128	128	intent to or in such a way that a reasonable person would conclude
129	129	the movement is intended to, likely to, or would naturally cause
130	130	sexual arousal or gratification or any performance that would
131	131	otherwise appeal to the prurient interest of any person, including
132	132	a performance:
133	133	(A) depicting a sex act, including depicting a
134	134	sex act while nude;
135	135	(B) involving the progressive removal of
136	136	clothing or the placement of money into undergarments; and
137	137	(C) in which a person exhibits a sex or gender
138	138	that is different than the person's biological sex, using clothing,
139	139	makeup, or other physical markers, and sings, lip-syncs, dances, or
140	140	otherwise performs for an audience.
141	141	(4) "Sexually [, "sexually] oriented business" means:
142	142	(A) a sex parlor, nude studio, modeling studio,
143	143	love parlor, adult bookstore, adult movie theater, adult video
144	144	arcade, adult movie arcade, adult video store, adult motel, or
145	145	other commercial enterprise the primary business of which is the
146	146	offering of a service or the selling, renting, or exhibiting of
147	147	devices or any other items intended to provide sexual stimulation
148	148	or sexual gratification to the customer; or
149	149	(B) a business that provides for an audience of
150	150	two or more individuals an erotic performance.
151	151	SECTION 9. Subchapter B, Chapter 43, Penal Code, is amended
152	152	by adding Section 43.28 to read as follows:
153	153	Sec. 43.28. CERTAIN EROTIC PERFORMANCES PROHIBITED. (a)
154	154	In this section:
155	155	(1) "Biological sex" means the physical condition of
156	156	being male or female as determined by the sex organs, chromosomes,
157	157	and endogenous profile of the individual at birth.
158	158	(2) "Erotic performance" means an act that is
159	159	performed with the intent to or in such a way that a reasonable
160	160	person would conclude the act is intended to, likely to, or would
161	161	naturally cause arousal or gratify the sexual desire of any person
162	162	or to otherwise appeal to the prurient interest of any person in sex
163	163	or nudity, including an act:
164	164	(A) depicting a sex act, including depicting a
165	165	sex act while nude;
166	166	(B) involving the progressive removal of
167	167	clothing or the placement of money into undergarments; and
168	168	(C) in which a person exhibits a sex or gender
169	169	that is different than the person's biological sex, using clothing,
170	170	makeup, or other physical markers, and sings, lip-syncs, dances, or
171	171	otherwise performs for an audience.
172	172	(b) A person commits an offense if the person engages in an
173	173	erotic performance in a location where the performance is
174	174	reasonably likely to be viewed by a person younger than 18 years of
175	175	age.
176	176	(c) An offense under this section is a felony of the third
177	177	degree.
178	178	SECTION 10. This Act takes effect September 1, 2023.