88R894 MCK-D
 
  By: Miles S.B. No. 191
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the possession or consumption of alcoholic
  beverages on the premises of certain sexually oriented businesses;
  creating a criminal offense; providing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 105, Alcoholic Beverage
  Code, is amended to read as follows:
  CHAPTER 105. [HOURS OF] SALE AND CONSUMPTION OF ALCOHOLIC
  BEVERAGES; HOURS AND OTHER RESTRICTIONS
         SECTION 2.  Chapter 105, Alcoholic Beverage Code, is amended
  by adding Section 105.092 to read as follows:
         Sec. 105.092.  CONSUMPTION AT CERTAIN SEXUALLY ORIENTED
  BUSINESSES PROHIBITED. (a) In this section:
               (1)  "Nude" means: 
                     (A)  entirely unclothed; or
                     (B)  clothed in a manner that leaves uncovered or
  visible through less than fully opaque clothing any portion of the
  breasts below the top of the areola of the breasts, if the person is
  female, or any portion of the genitals or buttocks.
               (2)  "Sexually oriented business" means a nightclub,
  bar, restaurant, or similar commercial enterprise that provides for
  an audience of two or more individuals live nude entertainment or
  live nude performances.
         (b)  A person who operates a sexually oriented business that
  does not hold a permit or license under this code may not allow a
  person to:
               (1)  consume alcoholic beverages on the business's
  premises; or
               (2)  bring alcoholic beverages onto or possess
  alcoholic beverages on the business's premises for the purpose of
  consumption by the person on the premises.
         (c)  A person described by Subsection (b) or that person's
  agent commits an offense if the person or that person's agent allows
  a person to:
               (1)  consume alcoholic beverages on the business's
  premises; or
               (2)  bring alcoholic beverages onto or possess
  alcoholic beverages on the business's premises for the purpose of
  consumption by the person on the premises.
         (d)  A first offense under this section is a Class A
  misdemeanor.
         (e)  If it is shown on the trial of an offense under this
  section that the person has previously been finally convicted of
  one offense under this section, on conviction the person shall be
  punished for a state jail felony.
         (f)  If it is shown on the trial of an offense under this
  section that the person has previously been finally convicted of
  two or more offenses under this section, on conviction the person
  shall be punished for a third degree felony.
         SECTION 3.  This Act takes effect September 1, 2023.