CHAPTER 243. MUNICIPAL AND COUNTY AUTHORITY TO REGULATE SEXUALLY ORIENTED BUSINESS
LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND
RELATED ACTIVITIES
SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE
OF LOCAL GOVERNMENT
CHAPTER 243. MUNICIPAL AND COUNTY AUTHORITY TO REGULATE SEXUALLY
ORIENTED BUSINESS
Sec. 243.001. PURPOSE; EFFECT ON OTHER REGULATORY AUTHORITY.
(a) The legislature finds that the unrestricted operation of
certain sexually oriented businesses may be detrimental to the
public health, safety, and welfare by contributing to the decline
of residential and business neighborhoods and the growth of
criminal activity. The purpose of this chapter is to provide
local governments a means of remedying this problem.
(b) This chapter does not diminish the authority of a local
government to regulate sexually oriented businesses with regard
to any matters.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,
1989.
Sec. 243.002. DEFINITION. In this chapter, "sexually oriented
business" means a sex parlor, nude studio, modeling studio, love
parlor, adult bookstore, adult movie theater, adult video arcade,
adult movie arcade, adult video store, adult motel, or other
commercial enterprise the primary business of which is the
offering of a service or the selling, renting, or exhibiting of
devices or any other items intended to provide sexual stimulation
or sexual gratification to the customer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,
1989; Acts 1991, 72nd Leg., ch. 507, Sec. 4, eff. June 13, 1991.
Sec. 243.003. AUTHORITY TO REGULATE. (a) A municipality by
ordinance or a county by order of the commissioners court may
adopt regulations regarding sexually oriented businesses as the
municipality or county considers necessary to promote the public
health, safety, or welfare.
(b) A regulation adopted by a municipality applies only inside
the municipality's corporate limits.
(c) A regulation adopted by a county applies only to the parts
of the county outside the corporate limits of a municipality.
(d) In adopting a regulation, a municipality that has in effect
a comprehensive zoning ordinance adopted under Chapter 211 must
comply with all applicable procedural requirements of that
chapter if the regulation is within the scope of that chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,
1989.
Sec. 243.004. EXEMPT BUSINESS. The following are exempt from
regulation under this chapter:
(1) a bookstore, movie theater, or video store, unless that
business is an adult bookstore, adult movie theater, or adult
video store under Section 243.002;
(2) a business operated by or employing a licensed psychologist,
licensed physical therapist, licensed athletic trainer, licensed
cosmetologist, or licensed barber engaged in performing functions
authorized under the license held; or
(3) a business operated by or employing a licensed physician or
licensed chiropractor engaged in practicing the healing arts.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,
1989.
Sec. 243.005. BUSINESS LICENSED UNDER ALCOHOLIC BEVERAGE CODE:
BUSINESS HAVING COIN-OPERATED MACHINES. (a) A business is not
exempt from regulation under this chapter because it holds a
license or permit under the Alcoholic Beverage Code authorizing
the sale or service of alcoholic beverages or because it contains
one or more coin-operated machines that are subject to regulation
or taxation, or both, under Chapter 8, Title 132, Revised
Statutes.
(b) A regulation adopted under this chapter may not discriminate
against a business on the basis of whether the business holds a
license or permit under the Alcoholic Beverage Code or on the
basis of whether it contains one or more coin-operated machines
that are subject to regulation or taxation, or both, under
Chapter 8, Title 132, Revised Statutes.
(c) This chapter does not affect the existing preemption by the
state of the regulation of alcoholic beverages and the alcoholic
beverage industry as provided by Section 1.06, Alcoholic Beverage
Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,
1989.
Sec. 243.006. SCOPE OF REGULATION. (a) The location of
sexually oriented businesses may be:
(1) restricted to particular areas; or
(2) prohibited within a certain distance of a school, regular
place of religious worship, residential neighborhood, or other
specified land use the governing body of the municipality or
county finds to be inconsistent with the operation of a sexually
oriented business.
(b) A municipality or county may restrict the density of
sexually oriented businesses.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,
1989.
Sec. 243.007. LICENSES OR PERMITS. (a) A municipality or
county may require that an owner or operator of a sexually
oriented business obtain a license or other permit or renew a
license or other permit on a periodic basis for the operation of
a sexually oriented business. An application for a license or
other permit must be made in accordance with the regulations
adopted by the municipality or county.
(b) The municipal or county regulations adopted under this
chapter may provide for the denial, suspension, or revocation of
a license or other permit by the municipality or county.
(c) A district court has jurisdiction of a suit that arises from
the denial, suspension, or revocation of a license or other
permit by a municipality or county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,
1989; Acts 1991, 72nd Leg., ch. 417, Sec. 1, eff. June 7, 1991.
Sec. 243.0075. NOTICE BY SIGN. (a) An applicant for a license
or permit issued under Section 243.007 for a location not
previously licensed or permitted shall, not later than the 60th
day before the date the application is filed, prominently post an
outdoor sign at the location stating that a sexually oriented
business is intended to be located on the premises and providing
the name and business address of the applicant.
(b) A person who intends to operate a sexually oriented business
in the jurisdiction of a municipality or county that does not
require the owner or operator of a sexually oriented business to
obtain a license or permit shall, not later than the 60th day
before the date the person intends to begin operation of the
business, prominently post an outdoor sign at the location
stating that a sexually oriented business is intended to be
located on the premises and providing the name and business
address of the owner and operator.
(c) The sign must be at least 24 by 36 inches in size and must
be written in lettering at least two inches in size. The
municipality or county in which the sexually oriented business is
to be located may require the sign to be both in English and a
language other than English if it is likely that a substantial
number of the residents in the area speak a language other than
English as their familiar language.
Added by Acts 1999, 76th Leg., ch. 1109, Sec. 3, eff. Sept. 1,
1999.
Sec. 243.008. INSPECTION. A municipality or county may inspect
a sexually oriented business to determine compliance with this
chapter and regulations adopted under this chapter by the
municipality or county.
Added by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,
1989.
Sec. 243.009. FEES. A municipality or county may impose fees on
applicants for a license or other permit issued under this
chapter or for the renewal of the license or other permit. The
fees must be based on the cost of processing the applications and
investigating the applicants.
Added by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,
1989.
Sec. 243.010. ENFORCEMENT. (a) A municipality or county may
sue in the district court for an injunction to prohibit the
violation of a regulation adopted under this chapter.
(b) A person commits an offense if the person violates a
municipal or county regulation adopted under this chapter. An
offense under this subsection is a Class A misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(p), eff. Aug. 28,
1989. Renumbered from Sec. 243.008 and amended by Acts 1989, 71st
Leg., ch. 837, Sec. 1, eff. Aug. 28, 1989.
Sec. 243.011. EFFECT ON OTHER LAWS. This chapter does not
legalize anything prohibited under the Penal Code or other state
law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Sec. 243.009 by Acts 1989, 71st Leg., ch. 837,
Sec. 1, eff. Aug. 28, 1989.