| 1 | 1 | | 88R10892 AJZ-D |
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| 2 | 2 | | By: Middleton S.B. No. 2281 |
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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 prohibiting certain adult cabaret performances; |
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| 8 | 8 | | creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended |
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| 11 | 11 | | by adding Section 43.28 to read as follows: |
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| 12 | 12 | | Sec. 43.28. CERTAIN OBSCENE ADULT CABARET PERFORMANCES |
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| 13 | 13 | | PROHIBITED. (a) In this section, "obscene adult cabaret |
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| 14 | 14 | | performance" means a visual performance that: |
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| 15 | 15 | | (1) features topless dancers, go-go dancers, exotic |
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| 16 | 16 | | dancers, strippers, or male or female impersonators; and |
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| 17 | 17 | | (2) is obscene. |
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| 18 | 18 | | (b) A person commits an offense if, regardless of whether |
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| 19 | 19 | | compensation for the performance is expected or received, the |
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| 20 | 20 | | person engages in an obscene adult cabaret performance: |
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| 21 | 21 | | (1) on public property; or |
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| 22 | 22 | | (2) in a location where the performance is reasonably |
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| 23 | 23 | | likely to be viewed by a person younger than 18 years of age. |
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| 24 | 24 | | (c) An offense under this section is a Class A misdemeanor, |
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| 25 | 25 | | except that the offense is a state jail felony if it is shown on the |
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| 26 | 26 | | trial of the offense that the person has previously been convicted |
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| 27 | 27 | | of an offense under this section. |
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| 28 | 28 | | SECTION 2. This Act takes effect September 1, 2023. |
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