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.