By: Hughes S.B. No. 2290
A BILL TO BE ENTITLED
AN ACT
relating to requiring a venue for sexually oriented performances to
provide certain content warnings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Business & Commerce Code, is amended
by adding Subchapter M to read as follows:
SUBCHAPTER M. NOTICE REQUIREMENTS FOR CERTAIN ADULT ORIENTED
BUSINESSES
Sec. 17.975. DEFINITIONS. In this subchapter:
(1) "Sexually oriented performance" means a visual
performance that appeals to the prurient interest by:
(A) featuring a performer who is nude, as defined
by Section 102.051, Business & Commerce Code; or
(B) featuring a male performer that exhibits as a
female or a female performer that exhibits as a male using clothing,
makeup, or other physical markers and signs, lip syncs, dances, or
otherwise performs before an audience for entertainment.
(2) "Sexually oriented performance venue" means a
nightclub, bar, restaurant, or other commercial enterprise that
provides for an audience of two or more individuals a sexually
oriented performance.
Sec. 17.976. CONTENT WARNING REQUIRED. A sexually oriented
performance venue shall:
(1) post in a prominent place by each public entrance a
sign conspicuously warning prospective patrons of the type and
content of the scheduled sexually oriented performance, including
whether the performance contains sexual content; and
(2) include the warning in any advertisement for the
performance, including any advertisement that appears on a social
media website.
Sec. 17.977. DECEPTIVE TRADE PRACTICE. A violation of
Section 17.976 is a deceptive trade practice under Subchapter E,
Chapter 17, and is actionable under that subchapter.
SECTION 2. Not later than January 1, 2024, a sexually
oriented performance venue shall comply with Subchapter M, Chapter
17, Business & Commerce Code, as amended by this Act.
SECTION 3. This Act takes effect September 1, 2023.