By: Zedler H.B. No. 2257
A BILL TO BE ENTITLED
relating to the regulation of sexually oriented businesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 243, Local Government Code, is amended
by adding Section 243.012 and Section 243.013 to read as follows:
Sec. 243.012. Regulation of Attire and Conduct The
following acts or conduct on licensed premises are deemed contrary
to public welfare and morals, and therefore no on-sale license
shall be held at any premises where such conduct or acts are
(1) To employ or use any person in the sale or service
of alcoholic beverages in or upon the licensed premises while such
person in unclothed or in such attire, costume or clothing as to
expose to view any portion of the female breast below the top of the
areola or of any portion of the pubic hair, anus, cleft of the
buttocks, vulva or genitals.
(2) To employ or use the services of any hostess or
other person to mingle with the patrons while such hostess or other
person is unclothed or in such attire, costume or clothing as
described in paragraph (1) above.
(3) To encourage or permit any person on the licensed
premises to touch, caress or fondle the breasts, buttocks, anus, or
genitals of any other person.
(4) To permit any employee or person to wear or use any
device or covering, exposed to view, which simulates the breast,
genitals, anus, pubic hair or any portion thereof.
Sec. 243.013. Regulation of Entertainers and Conduct Acts
or conduct on licensed premises in violation of this rule are deemed
contrary to public welfare and morals, and therefore no on-sale
license shall be held at any premises where such conduct or acts are
Live entertainment is permitted on any licensed premises,
(1) No licensee shall permit any person to perform
acts of or acts that simulate:
(a) Sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation or any sexual acts that
are prohibited by law.
(b) The touching, caressing or fondling on the
breast, buttocks, anus or genitals.
(c) The displaying of the pubic hair, anus, vulva
(2) Subject to the provisions of subdivision (1)
hereof, entertainers whose breasts and/or buttocks are exposed to
view shall perform only upon a stage at least 18 inches above the
immediate floor level and removed at least six feet from the nearest
No licensee shall permit any person to use artificial devices
or inanimate objects to depict any of the prohibited activities
No licensee shall permit any person to remain in or upon the
license premises who exposes to public view any portion of his or
her genitals or anus.
SECTION 2. This Act takes effect September, 1, 2003. If any
provision of this rule or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect
other provisions or application of the rule which can be given
effect without the invalid provision or application, and to this
end the provisions of this rule are severable.