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.