By: Hughes, et al. S.B. No. 12
A BILL TO BE ENTITLED
AN ACT
relating to restricting certain sexually oriented performances on
public property, on the premises of a commercial enterprise, or in
the presence of a child; authorizing a civil penalty; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 769 to read as follows:
CHAPTER 769. SEXUALLY ORIENTED PERFORMANCES
Sec. 769.001. DEFINITIONS. In this chapter:
(1) "Premises" has the meaning assigned by Section
46.03, Penal Code.
(2) "Sexually oriented performance" has the meaning
assigned by Section 43.28, Penal Code.
Sec. 769.002. CERTAIN SEXUALLY ORIENTED PERFORMANCES
PROHIBITED ON PREMISES OF COMMERCIAL ENTERPRISE; CIVIL PENALTY;
INJUNCTION. (a) A person who controls the premises of a commercial
enterprise may not allow a sexually oriented performance to be
presented on the premises in the presence of an individual younger
than 18 years of age.
(b) A person who violates this section is liable to this
state for a civil penalty of not more than $10,000 for each
violation.
(c) The attorney general may bring an action to:
(1) recover the civil penalty imposed under this
section; or
(2) obtain a temporary or permanent injunction to
restrain the violation.
(d) An action under this section may be brought in a
district court in:
(1) Travis County; or
(2) a county in which any part of the violation occurs.
(e) The attorney general shall deposit a civil penalty
collected under this section in the state treasury to the credit of
the general revenue fund.
(f) The attorney general may recover reasonable expenses
incurred in bringing an action under this section, including court
costs, attorney's fees, investigative costs, witness fees, and
deposition expenses.
SECTION 2. Chapter 243, Local Government Code, is amended
by adding Section 243.0031 to read as follows:
Sec. 243.0031. AUTHORITY TO REGULATE CERTAIN SEXUALLY
ORIENTED PERFORMANCES. (a) In this section, "sexually oriented
performance" has the meaning assigned by Section 43.28, Penal Code.
(b) Subject to Subsection (c), a municipality or county may
regulate sexually oriented performances as the municipality or
county considers necessary to promote the public health, safety, or
welfare.
(c) A municipality or county may not authorize a sexually
oriented performance:
(1) on public property; or
(2) in the presence of an individual younger than 18
years of age.
(d) Except as provided by Subsection (c), this section does
not limit the authority of a municipality to license, tax,
suppress, prevent, or otherwise regulate theatrical or other
exhibitions, shows, or amusements under Section 215.032.
SECTION 3. Subchapter B, Chapter 43, Penal Code, is amended
by adding Section 43.28 to read as follows:
Sec. 43.28. CERTAIN SEXUALLY ORIENTED PERFORMANCES
PROHIBITED. (a) In this section:
(1) "Sexual conduct" means:
(A) the exhibition or representation, actual or
simulated, of sexual acts, including vaginal sex, anal sex, and
masturbation;
(B) the exhibition or representation, actual or
simulated, of male or female genitals in a lewd state, including a
state of sexual stimulation or arousal;
(C) the exhibition of a device designed and
marketed as useful primarily for the sexual stimulation of male or
female genitals; or
(D) actual contact or simulated contact
occurring between one person and the buttocks, breast, or any part
of the genitals of another person.
(2) "Sexually oriented performance" means a visual
performance that:
(A) features:
(i) a performer who is nude, as defined by
Section 102.051, Business & Commerce Code;
(ii) a male performer exhibiting as a
female, or a female performer exhibiting as a male, who uses
clothing, makeup, or other similar physical markers and who sings,
lip syncs, dances, or otherwise performs before an audience; or
(iii) any other performer who engages in
sexual conduct; and
(B) appeals to the prurient interest in sex.
(b) A person commits an offense if, regardless of whether
compensation for the performance is expected or received, the
person engages in a sexually oriented performance:
(1) on public property at a time, in a place, and in a
manner that could reasonably be expected to be viewed by a child; or
(2) in the presence of an individual younger than 18
years of age.
(c) An offense under this section is a Class A misdemeanor.
SECTION 4. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and to
this end the provisions of this Act are declared severable.
SECTION 5. This Act takes effect September 1, 2023.