Texas 2023 - 88th Regular

Texas Senate Bill SB476

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the definition of sexually oriented business.

Impact

The implementation of SB476 could lead to significant changes in how local governments regulate businesses associated with nudity and drag performances. It will formalize the legal status of drag shows and other similar performances as part of the definition of sexually oriented businesses. This change may influence local zoning laws and the extent to which cities can impose restrictions on where these performances can take place, likely enabling proponents of drag performances to operate more freely while subjecting them to certain regulations.

Summary

SB476 seeks to redefine what constitutes a 'sexually oriented business' within Texas law. The bill amends existing definitions in the Business & Commerce Code and the Local Government Code to specifically include establishments that provide live nude entertainment or drag performances for an audience. By clarifying these definitions, the bill aims to provide a more robust legal framework for regulating such businesses while maintaining the authorization for on-premises consumption of alcoholic beverages in these environments. This legislation is designed to address the evolving nature of performance art and entertainment within the state, particularly amidst societal shifts regarding gender identity and expression.

Sentiment

The sentiment surrounding SB476 appears to be mixed. Proponents of the bill argue that it is a necessary step for the recognition and protection of diverse forms of performance art, reflecting contemporary values about gender and sexuality. They view it as an affirmation of artistic expression and an essential recognition of the inclusion of drag culture in mainstream entertainment. However, opponents may express concerns about potential impacts on local governance and community standards, fearing that this bill might lead to an increase in the proliferation of businesses that some may view as inappropriate.

Contention

Notable points of contention regarding SB476 may center around the balance between state and local authority in regulating sexually oriented businesses. This bill may provoke discussions about whether the state should define what constitutes acceptable entertainment or if such determinations should be left to local jurisdictions that might be more familiar with their community's values and standards. Stakeholders may be concerned about the implications of a one-size-fits-all approach to legislation that can leave little room for nuanced local responses to issues related to nudity and performance.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 243. Municipal And County Authority To Regulate Sexually Oriented Business
    • Section: 002

Companion Bills

TX HB1266

Same As Relating to the definition of sexually oriented business.

TX HB708

Same As Relating to the definition of sexually oriented business.

TX HB643

Identical Relating to the definition of sexually oriented business.

Previously Filed As

TX HB1266

Relating to the definition of sexually oriented business.

TX HB708

Relating to the definition of sexually oriented business.

TX HB643

Relating to the definition of sexually oriented business.

TX HB3431

Relating to the imposition and use of the admission fee to sexually oriented businesses; increasing the amount of a fee.

TX SB2804

Relating to the definition of a sexually oriented business; imposing a fee.

TX HB675

Relating to regulation by a municipality or county of off-premise signs advertising sexually oriented businesses.

TX HB1785

Relating to reducing the amount of a fee imposed on certain sexually oriented businesses.

TX SB666

Relating to a sign required to be posted in the restrooms of sexually oriented businesses; creating a criminal offense.

Similar Bills

No similar bills found.