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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the presence of minors at certain |
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performances facilitated by certain alcoholic beverage permit and |
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license holders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 106.17, Alcoholic |
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Beverage Code, as added by Chapter 942 (S.B. 766), Acts of the 87th |
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Legislature, Regular Session, 2021, is amended to read as follows: |
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Sec. 106.17. PRESENCE OR EMPLOYMENT OF CERTAIN PERSONS AT |
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PERMITTED OR LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED |
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BUSINESS OR HOLDING SEXUAL PERFORMANCES. |
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SECTION 2. Section 106.17, Alcoholic Beverage Code, as |
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added by Chapter 942 (S.B. 766), Acts of the 87th Legislature, |
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Regular Session, 2021, is amended by amending Subsections (a) and |
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(b) and adding Subsection (a-1) to read as follows: |
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(a) In this section, "sexual performance" means a |
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performance in which a performer: |
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(1) dances in a lewd manner that: |
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(A) depicts the exhibition of the genitals or |
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pubic area of an unclothed, partially clothed, or clothed |
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individual with the intent of appealing to the prurient interest in |
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sex; and |
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(B) has no serious literary, artistic, |
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political, or scientific value; or |
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(2) exhibits sexual gesticulations using accessories |
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or prosthetics that exaggerate male or female primary or secondary |
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sexual characteristics. |
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(a-1) An individual younger than 18 years of age may not be |
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on premises covered by a permit or license issued under this code |
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if: |
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(1) a sexually oriented business, as defined by |
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Section 243.002, Local Government Code, operates on the premises; |
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or |
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(2) the holder of the permit or license facilitates a |
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sexual performance on the premises. |
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(b) The holder of a permit or license covering a premises |
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described by Subsection (a-1) [(a)] may not: |
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(1) knowingly or recklessly allow an individual |
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younger than 18 years of age to be on the premises; or |
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(2) enter into a contract, other than a contract |
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described by Section 51.016(g), Labor Code, with an individual |
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younger than 21 years of age for the performance of work or the |
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provision of a service on the premises. |
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SECTION 3. Section 106.17, Alcoholic Beverage Code, as |
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added by Chapter 79 (S.B. 315), Acts of the 87th Legislature, |
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Regular Session, 2021, is repealed. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. This Act takes effect September 1, 2023. |