89R19439 TYPED
By: Hagenbuch S.B. No. 2804
A BILL TO BE ENTITLED
AN ACT
relating to the definition of a sexually oriented business;
imposing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.001, Business and Commerce Code, is
amended to read as follows:
Sec. 102.051. DEFINITIONS. In this subchapter:
(1) "Nude" means:
(A) entirely unclothed; or
(B) clothed in a manner that leaves uncovered or
visible through less than fully opaque clothing any portion of the
breasts below the top of the areola of the breasts, if the person is
female, or any portion of the genitals or buttocks.
(2) "Sexually oriented business" means:
(A) a nightclub, bar, restaurant, or similar
commercial enterprise that:
[(A)] (i) provides for an audience of two or more
individuals live nude entertainment or live nude performances; and
[(B)] (ii) authorizes on-premises consumption of
alcoholic beverages, regardless of whether the consumption of
alcoholic beverages is under a license or permit issued under the
Alcoholic Beverage Code; or
(B) a business or commercial enterprise that engages
in or hosts any activity defined as a "sexually oriented
performance" under Section 43.28, Penal Code.
SECTION 2. This Act takes effect September 1, 2025.