Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
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.
No drinking, no bringing your own, where live nude entertainment runs unlicensed.
The bill bans unlicensed sexually oriented businesses from letting customers drink or bring their own alcohol onto the premises. It covers operators of nightclubs, bars, restaurants and similar places that offer live nude entertainment to two or more people and do not hold a state alcohol permit or license, along with their agents. Allowing drinking or BYOB at such a place becomes a Class A misdemeanor offense on the first count, a state jail felony on the second, and a third degree felony after that, starting September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 191 (Died in committee) and this bill (Did not pass). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 191 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.CREATES AN OFFENSE. The caption of the graded version (introduced) reads: “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.”STALLED AFTER COMMITTEE. Voted out of the Senate State Affairs committee 10-0 on Mar 27, 2025. Never placed on a calendar. The bill died.
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.
WHAT IT DOES
No drinking, no bringing your own, where live nude entertainment runs unlicensed.
The bill bans unlicensed sexually oriented businesses from letting customers drink or bring their own alcohol onto the premises. It covers operators of nightclubs, bars, restaurants and similar places that offer live nude entertainment to two or more people and do not hold a state alcohol permit or license, along with their agents. Allowing drinking or BYOB at such a place becomes a Class A misdemeanor offense on the first count, a state jail felony on the second, and a third degree felony after that, starting September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
Last action, Feb 15, 2023: Referred to Criminal Justice
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.
Senate committee · State Affairs · Committee vote 10 aye, 0 nay, 1 absent · Out of committee
Subjects
Alcoholic Beverage Regulation
Crimes--Miscellaneous
SEXUALLY ORIENTED BUSINESSES
Text
The text as introduced · 407 words
89R469 SCP-D
By: Miles
S.B. No. 287
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 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 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, 2025.