CHAPTER 2156. THEATERS

OCCUPATIONS CODE

TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT

SUBTITLE D. OTHER AMUSEMENTS AND ENTERTAINMENT

CHAPTER 2156. THEATERS

Sec. 2156.001. DEFINITION. In this chapter, "theater" means a

building constructed, equipped, and used for public performances

or the production and exhibition of plays, dramas, or operas for

which an admission fee is charged. The term includes an opera

house or playhouse.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2156.002. OTHER REGULATION PERMITTED. A theater may be

regulated by ordinance or other law.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2156.003. RIGHTS OF THEATER OWNERS. A theater owner or

lessee may:

(1) assign seats to theater patrons; and

(2) refuse admission to objectionable persons.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2156.004. RECORDKEEPING; OFFENSE. (a) A person in charge

of a theater, including a theater owner, lessee, or manager,

shall:

(1) keep, in convenient form, a list of all bookings of shows

for the theater and the specific dates of the bookings; and

(2) show the list, on request, to a person desiring in good

faith to lease or rent the theater for a public performance or

the production and exhibition of a play, drama, or opera.

(b) A person commits an offense if the person violates

Subsection (a).

(c) An offense under Subsection (b) is a misdemeanor punishable

by a fine of not more than $20 or less than $10.

(d) Each failure or refusal to comply with Subsection (a) is a

separate offense.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2156.005. DISCRIMINATION AGAINST REPUTABLE PRODUCTIONS;

OFFENSE. (a) A person who is in charge of and manages a

theater, including a theater owner or lessee, or a representative

of an owner or lessee, may not discriminate against reputable

theaters, operas, shows, or other productions.

(b) A person who is in charge of and manages a theater,

including a theater owner or lessee, or a representative of an

owner or lessee, commits an offense if the person fails and

refuses to rent or lease the theater for one or more performances

of any reputable theater, opera, or show on terms that may not be

considered unreasonable, extortionate, or prohibitive to the

agent, manager, proprietor, or representative of the theater,

opera, or show.

(c) An offense under Subsection (b) is a misdemeanor and the

person:

(1) shall be fined not more than $500 or less than $100; and

(2) may be committed to not more than 10 days in jail.

(d) Each violation of Subsection (b) is a separate offense.

(e) Fifty percent of a fine collected under Subsection (c) shall

be paid to the complainant. The remainder of the fine shall be

paid to the jury fund of the county where the suit was brought.

(f) It is a defense to prosecution under Subsection (b) that, at

the time of the application to lease or rent the theater, the

person in charge of the theater shows that:

(1) the theater had, in good faith, already been leased or

rented; and

(2) other bookings had been made for the date or dates applied

for in good faith and not with the intention of evading this

chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2156.006. FORFEITURE OF LEASE. A theater's lessee or a

lessee's assigns forfeit the lease and any rights and privileges

under the lease if the person:

(1) does not comply with the law governing theaters; or

(2) is convicted of an offense under Section 2156.005.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.