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By:  Zedler                                                       H.B. No. 2257



A BILL TO BE ENTITLED

AN ACT

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 
permitted:
		(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 
permitted.
	Live entertainment is permitted on any licensed premises, 
except that:
		(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 
or genitals.     
		(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 
patron.
	No licensee shall permit any person to use artificial devices 
or inanimate objects to depict any of the prohibited activities 
described above.
	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.