88(R) SB 12 - Enrolled version - Bill Text

	S.B.  No.  12

Statutes affected:
Introduced: Subchapter B, Chapter , Penal Code 215.032 (Subchapter B, Chapter , Penal Code 215)
Senate Committee Report: Subchapter B, Chapter , Penal Code 215.032 (Subchapter B, Chapter , Penal Code 215)
Engrossed: Subchapter B, Chapter , Penal Code 215.032 (Subchapter B, Chapter , Penal Code 215)
House Committee Report: Subchapter B, Chapter , Penal Code 215.032 (Subchapter B, Chapter , Penal Code 215)
Enrolled: Subchapter B, Chapter , Penal Code 215.032 (Subchapter B, Chapter , Penal Code 215)

	AN ACT
	relating to the authority to regulate sexually oriented
	performances and to restricting those performances on the premises
	of a commercial enterprise, on public property, or in the presence
	of an individual younger than 18 years of age; authorizing a civil
	penalty; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Subtitle A, Title 9, Health and Safety Code, is
	amended by adding Chapter 769 to read as follows:
	CHAPTER 769. SEXUALLY ORIENTED PERFORMANCES
	Sec.  769.001.    DEFINITIONS. In this chapter:
	(1)    "Premises" has the meaning assigned by Section
	46.03, Penal Code.
	(2)    "Sexually oriented performance" has the meaning
	assigned by Section 43.28, Penal Code.
	Sec.  769.002.    CERTAIN SEXUALLY ORIENTED PERFORMANCES
	PROHIBITED ON PREMISES OF COMMERCIAL ENTERPRISE; CIVIL PENALTY;
	INJUNCTION. (a) A person who controls the premises of a commercial
	enterprise may not allow a sexually oriented performance to be
	presented on the premises in the presence of an individual younger
	than 18 years of age.
	(b)    A person who violates this section is liable to this
	state for a civil penalty of not more than $10,000 for each
	violation.
	(c)    The attorney general may bring an action to:
	(1)    recover the civil penalty imposed under this
	section; or
	(2)    obtain a temporary or permanent injunction to
	restrain the violation.
	(d)    An action under this section may be brought in a
	district court in:
	(1)    Travis County; or
	(2)    a county in which any part of the violation occurs.
	(e)    The attorney general shall deposit a civil penalty
	collected under this section in the state treasury to the credit of
	the general revenue fund.
	(f)    The attorney general may recover reasonable expenses
	incurred in bringing an action under this section, including court
	costs, attorney's fees, investigative costs, witness fees, and
	deposition expenses.
	SECTION  2.    Chapter 243, Local Government Code, is amended
	by adding Section 243.0031 to read as follows:
	Sec.  243.0031.    AUTHORITY TO REGULATE CERTAIN SEXUALLY
	ORIENTED PERFORMANCES. (a) In this section, "sexually oriented
	performance" has the meaning assigned by Section 43.28, Penal Code.
	(b)    Subject to Subsection (c), a municipality or county may
	regulate sexually oriented performances as the municipality or
	county considers necessary to promote the public health, safety, or
	welfare.
	(c)    A municipality or county may not authorize a sexually
	oriented performance:
	(1)    on public property; or
	(2)    in the presence of an individual younger than 18
	years of age.
	(d)    Except as provided by Subsection (c), this section does
	not limit the authority of a municipality to license, tax,
	suppress, prevent, or otherwise regulate theatrical or other
	exhibitions, shows, or amusements under Section 215.032.
	SECTION  3.    Subchapter B, Chapter 43, Penal Code, is amended
	by adding Section 43.28 to read as follows:
	Sec.  43.28.    CERTAIN SEXUALLY ORIENTED PERFORMANCES
	PROHIBITED. (a)    In this section:
	(1)    "Sexual conduct" means:
	(A)    the exhibition or representation, actual or
	simulated, of sexual acts, including vaginal sex, anal sex, and
	masturbation;
	(B)    the exhibition or representation, actual or