Bill Text: TX HB3360 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a prohibition on the presence of minors at certain performances facilitated by certain alcoholic beverage permit and license holders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-15 - Referred to State Affairs [HB3360 Detail]
Download: Texas-2023-HB3360-Introduced.html
88R13524 SCP-D | ||
By: Shaheen | H.B. No. 3360 |
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relating to a prohibition on the presence of minors at certain | ||
performances facilitated by certain alcoholic beverage permit and | ||
license holders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 106.17, Alcoholic | ||
Beverage Code, as added by Chapter 942 (S.B. 766), Acts of the 87th | ||
Legislature, Regular Session, 2021, is amended to read as follows: | ||
Sec. 106.17. PRESENCE OR EMPLOYMENT OF CERTAIN PERSONS AT | ||
PERMITTED OR LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED | ||
BUSINESS OR HOLDING SEXUAL PERFORMANCES. | ||
SECTION 2. Section 106.17, Alcoholic Beverage Code, as | ||
added by Chapter 942 (S.B. 766), Acts of the 87th Legislature, | ||
Regular Session, 2021, is amended by amending Subsections (a) and | ||
(b) and adding Subsection (a-1) to read as follows: | ||
(a) In this section, "sexual performance" means a | ||
performance in which a performer: | ||
(1) dances in a lewd manner that: | ||
(A) depicts the exhibition of the genitals or | ||
pubic area of an unclothed, partially clothed, or clothed | ||
individual with the intent of appealing to the prurient interest in | ||
sex; and | ||
(B) has no serious literary, artistic, | ||
political, or scientific value; or | ||
(2) exhibits sexual gesticulations using accessories | ||
or prosthetics that exaggerate male or female primary or secondary | ||
sexual characteristics. | ||
(a-1) An individual younger than 18 years of age may not be | ||
on premises covered by a permit or license issued under this code | ||
if: | ||
(1) a sexually oriented business, as defined by | ||
Section 243.002, Local Government Code, operates on the premises; | ||
or | ||
(2) the holder of the permit or license facilitates a | ||
sexual performance on the premises. | ||
(b) The holder of a permit or license covering a premises | ||
described by Subsection (a-1) [ |
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(1) knowingly or recklessly allow an individual | ||
younger than 18 years of age to be on the premises; or | ||
(2) enter into a contract, other than a contract | ||
described by Section 51.016(g), Labor Code, with an individual | ||
younger than 21 years of age for the performance of work or the | ||
provision of a service on the premises. | ||
SECTION 3. Section 106.17, Alcoholic Beverage Code, as | ||
added by Chapter 79 (S.B. 315), Acts of the 87th Legislature, | ||
Regular Session, 2021, is repealed. | ||
SECTION 4. To the extent of any conflict, this Act prevails | ||
over another Act of the 88th Legislature, Regular Session, 2023, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 5. This Act takes effect September 1, 2023. |