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.