HBA-EVB C.S.H.B. 2491 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2491
By: Yarbrough
Land and Resource Management
4/30/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Chapter 243, Local Government Code, provides for the regulation of sexually
oriented businesses, but does not address who in the municipality or county
may inspect a sexually oriented business for compliance. Under C.S.H.B.
2491, a sexually oriented business that permits the consumption of
alcoholic beverages on the premises would consent to entry by a
representative of the municipality or county or a peace officer by
obtaining a permit or license under Section 243.007. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 243.008, Local Government Code, by adding
Subsection (b), to specify that by obtaining a permit or license under
Section 243.007 (Licenses or Permits), a sexually oriented business that
permits the consumption of alcoholic beverages on the premises consents to
the entry by a representative of the municipality or county issuing the
permit or license or by a peace officer for the purpose of inspecting the
premises for a violation of the law. Makes a conforming change. 

SECTION 2. Emergency clause. 
Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B 2491 differs from the original by specifying that by obtaining a
permit or license under Section 243.007 (Licenses or Permits), Local
Government Code, a sexually oriented business that permits the consumption
of alcoholic beverages on the premises, rather than the sexually oriented
business, consents to the entry by a representative of the municipality or
county issuing the permit or license or by a peace officer for the purpose
of inspecting the premises for a violation of the law.