88R28856 AJZ-F     By: Hughes, et al. S.B. No. 12     (Shaheen)     Substitute the following for S.B. No. 12:  No.       A BILL TO BE ENTITLED   AN ACT   relating to restricting certain sexually oriented performances on   public property, on the premises of a commercial enterprise, or in   the presence of a child; 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)  "Premises" has the meaning assigned by   Section 46.03.                (2)  "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   simulated, of male or female genitals in a lewd state, including a   state of sexual stimulation or arousal;                       (C)  the exhibition of a device designed and   marketed as useful primarily for the sexual stimulation of male or   female genitals; or                      (D)  actual contact or simulated contact   occurring between one person and the buttocks, breast, or any part   of the genitals of another person.                (3)  "Sexually oriented performance" means a visual   performance that:                      (A)  features:                            (i)  a performer who is nude, as defined by   Section 102.051, Business & Commerce Code; or                            (ii)  any other performer who engages in   sexual conduct; and                      (B)  appeals to the prurient interest in sex.          (b)  A person commits an offense if, regardless of whether   compensation for the performance is expected or received, the   person engages in a sexually oriented performance:                (1)  on public property at a time, in a place, and in a   manner that could reasonably be expected to be viewed by a child; or                (2)  on the premises of a commercial enterprise in the   presence of an individual younger than 18 years of age.          (c)  An offense under this section is a Class A misdemeanor.          SECTION 4.  If any provision of this Act or its application   to any person or circumstance is held invalid, the invalidity does   not affect other provisions or applications of this Act that can be   given effect without the invalid provision or application, and to   this end the provisions of this Act are declared severable.          SECTION 5.  This Act takes effect September 1, 2023.