BILL ANALYSIS Senate Research Center S.B. 287 89R469 SCP-D By: Miles State Affairs 3/20/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Concerns have been raised that currently there are no restrictions on certain sexually oriented businesses (SOBs) that operate without an alcohol license to be open into the late hours of the night. S.B. 287 would require sexually oriented businesses, as defined in this bill, that permit bring your own beverages (BYOB) to obtain a liquor license. As proposed, S.B. 287 amends current law relating to prohibiting the possession or consumption of alcoholic beverages on the premises of certain sexually oriented businesses, creates a criminal offense, and provides a criminal penalty. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading to Chapter 105, Alcoholic Beverage Code, to read as follows: CHAPTER 105. SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES; HOURS AND OTHER RESTRICTIONS SECTION 2. Amends Chapter 105, Alcoholic Beverage Code, by adding Section 105.092, as follows: Sec. 105.092. CONSUMPTION AT CERTAIN SEXUALLY ORIENTED BUSINESSES PROHIBITED. (a) Defines "nude" and "sexually oriented business." (b) Prohibits a person who operates a sexually oriented business that does not hold a permit or license under the Alcoholic Beverage Code from allowing a person to consume alcoholic beverages on the business's premises or bring alcoholic beverages for the purpose of consumption on the premises. (c) Provides that a person described by Subsection (b) or that person's agent commits an offense if the person or that person's agent allows a person to consume alcoholic beverages on the business's premises or bring alcoholic beverages onto or possess alcoholic beverages on the business's premises for the purpose of consumption on the premises. (d) Provides that a first offense under this section is a Class A misdemeanor. (e) Requires the person, if it is shown on the trial of the offense under this section that the person has previously been finally convicted of one offense under this section, on conviction, to be punished for a state jail felony. (f) Requires the person, if it is shown on the trial of an offense under this section that the person has previously been finally convicted of two or more offenses under this section, on conviction, to be punished for a third degree felony. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 287
89R469 SCP-D By: Miles
State Affairs
3/20/2025
As Filed
Senate Research Center
S.B. 287
89R469 SCP-D
By: Miles
State Affairs
3/20/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Concerns have been raised that currently there are no restrictions on certain sexually oriented businesses (SOBs) that operate without an alcohol license to be open into the late hours of the night.
S.B. 287 would require sexually oriented businesses, as defined in this bill, that permit bring your own beverages (BYOB) to obtain a liquor license.
As proposed, S.B. 287 amends current law relating to prohibiting the possession or consumption of alcoholic beverages on the premises of certain sexually oriented businesses, creates a criminal offense, and provides a criminal penalty.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Chapter 105, Alcoholic Beverage Code, to read as follows:
CHAPTER 105. SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES; HOURS AND OTHER RESTRICTIONS
SECTION 2. Amends Chapter 105, Alcoholic Beverage Code, by adding Section 105.092, as follows:
Sec. 105.092. CONSUMPTION AT CERTAIN SEXUALLY ORIENTED BUSINESSES PROHIBITED. (a) Defines "nude" and "sexually oriented business."
(b) Prohibits a person who operates a sexually oriented business that does not hold a permit or license under the Alcoholic Beverage Code from allowing a person to consume alcoholic beverages on the business's premises or bring alcoholic beverages for the purpose of consumption on the premises.
(c) Provides that a person described by Subsection (b) or that person's agent commits an offense if the person or that person's agent allows a person to consume alcoholic beverages on the business's premises or bring alcoholic beverages onto or possess alcoholic beverages on the business's premises for the purpose of consumption on the premises.
(d) Provides that a first offense under this section is a Class A misdemeanor.
(e) Requires the person, if it is shown on the trial of the offense under this section that the person has previously been finally convicted of one offense under this section, on conviction, to be punished for a state jail felony.
(f) Requires the person, if it is shown on the trial of an offense under this section that the person has previously been finally convicted of two or more offenses under this section, on conviction, to be punished for a third degree felony.
SECTION 3. Effective date: September 1, 2025.