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TEXAS

Penal Code Title 9, Section 42.01 Disorderly conduct: public nudity.

(a) A person commits an offense if he intentionally or knowingly:

    ...

    (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.

(c) For purposes of this section:

    (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence;

      ...

      (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 181, ch. 89, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 4641, ch. 800, Sec. 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 145, Sec. 2, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 14, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 54, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 389, Sec. 1, eff. Sept. 1, 2003.

Penal Code Title 9, 21.08. Indecent exposure.

(a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.

(b) An offense under this section is a Class B misdemeanor.

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Code of Criminal Procedure
Art. 14.03. [214] [261] [249] Authority of peace officers

(a) Any peace officer may arrest, without warrant:

    (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;

    (2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person;

    (3) persons who the peace officer has probable cause to believe have committed the offense defined by Section 25.07, Penal Code (violation of Protective Order), if the offense is not committed in the presence of the peace officer; or

    (4) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to a member of the person's family or household.

(b) A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code (violation of Protective Order), if the offense is committed in the presence of the peace officer.

(c) If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an assault against a member of the family or household, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of family violence.

(d) A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer's presence or view, if the offense is a felony, a violation of Title 9, Chapter 42, Penal Code, a breach of the peace, or an offense under Section 49.02, Penal Code. A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code.

(e) The justification for conduct provided under Section 9.21, Penal Code, applies to a peace officer when the peace officer is performing a duty required by this article.

(f) In this article, "family," "household," and "member of a household" have the meanings assigned to those terms by Section 71.01, Family Code.

(g) A peace officer listed in Subdivision (1), (2), (3), (4), or (5), Article 2.12, who is licensed under Chapter 415, Government Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, except that an officer who is outside the officer's jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the officer is listed in Subdivision (4), Article 2.12. A peace officer making an arrest under this subsection shall as soon as practicable after making the arrest notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06.


Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1735, ch. 659, 9, eff. Aug. 28, 1967.

Amended by Acts 1981, 67th Leg., p. 1865, ch. 442, 1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 583, 2, eff. Sept. 1, 1985; Subsec. (c) amended by Acts 1987, 70th Leg., ch. 68, 1, eff. Sept. 1, 1987; Subsecs. (a), (b) amended by and (d), (e) added by Acts 1989, 71st Leg., ch. 740, 1, eff. Aug. 28, 1989. Amended by Acts 1991, 72nd Leg., ch. 542, 9, eff. Sept. 1, 1991. Subsecs. (a), (d) amended by Acts 1993, 73rd Leg., ch. 900, 3.02, eff. Sept. 1, 1994; Subsecs. (a), (b) amended by Acts 1995, 74th Leg., ch. 76, 14.17, eff. Sept. 1, 1995; Subsec. (g) added by Acts 1995, 74th Leg., ch. 829, 1, eff. Aug. 28, 1995; Subsec. (g) amended by Acts 1999, 76th Leg., ch. 62, 3.02, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 210, 2, eff. May 24, 1999.

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PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 43. PUBLIC INDECENCY
SUBCHAPTER B. OBSCENITY

Sec. 43.251. EMPLOYMENT HARMFUL TO CHILDREN. 

(a)  In this section:

   (1)  "Child" means a person younger than 18 years of age.

   (2)  "Massage" has the meaning assigned to the term "massage therapy" by Section 455.001, Occupations Code.

   (3)  "Massage establishment" has the meaning assigned by Section 455.001, Occupations Code.

   (4)  "Nude" means a child who is:

         (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 child is female, or any portion of the genitals or buttocks.

   (5)  "Sexually oriented commercial activity" means a massage establishment, nude studio, modeling studio, love parlor, or other similar commercial enterprise the primary business of which is the offering of a service that is intended to provide sexual stimulation or sexual gratification to the customer.

   (6)  "Topless" means a female child clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of her breasts below the top of the areola.

(b)  A person commits an offense if the person employs, authorizes, or induces a child to work:

   (1)  in a sexually oriented commercial activity; or

   (2)  in any place of business permitting, requesting, or requiring a child to work nude or topless.

(c)  An offense under this section is a Class A misdemeanor.

Added by Acts 1987, 70th Leg., ch. 783, Sec. 1, eff. Aug. 31, 1987. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 1420, Sec. 14.832, eff. Sept. 1, 2001.

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TEXAS STATE PARKS

Texas Administrative Code

TITLE 31 NATURAL RESOURCES AND CONSERVATION
  PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
   CHAPTER 59 PARKS
     SUBCHAPTER F STATE PARK OPERATIONAL RULES

       RULE 59.131 Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

   (13) Public place--Any place to which the public or a substantial group of the public has access. In the state park system areas that are not considered a public place are cabins, screened shelters, recreation halls, group barracks, lodges, tents, campers, trailers, motor homes, or any vehicle(s) that are used as camping equipment.

   (14) Public nudity--To disrobe or appear nude in public. Females are considered to be disrobed when their breasts below the top of the areola are exposed except when nursing a baby.

   (15) State park--A park, park site, historical park, natural area, recreational area or fishing pier, administered, operated, or managed by the department.

       RULE 59.134 Rules of Conduct in Parks
      
...
(b) Use of facilities. It is an offense to:

       (1) use an area or facility for any purpose contrary to its designated purpose
...
(h) Nudity and disrobing. It is an offense to appear nude.

(i) Closed area. It is an offense to:

    (1) prevent or interfere with development, construction, or management of a state park; and

    (2) enter or remain in an area of a state park that has been closed by the director for any reason, including security, safety, preservation, or restoration.

(m) Responsibility for minor children. It is an offense to permit a child or ward to violate a regulation when such child or ward is under 17 years of age.

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YOUTH CAMPS

Texas Administrative Code

TITLE 25 HEALTH SERVICES
  PART 1 DEPARTMENT OF STATE HEALTH SERVICES
   CHAPTER 265  GENERAL SANITATION
       SUBCHAPTER B  TEXAS YOUTH CAMPS SAFETY AND HEALTH

         RULE 265.22 Nudity Prohibited

A youth camp may not allow campers or staff to be nude except when bathing, showering, changing clothing, or receiving medical care.

Source Note: The provisions of this 265.22 adopted to be effective April 16, 2006, 31 TexReg 3049

         RULE 265.26 Civil Penalties and Injunctions

(a) A person violating the Act or a rule or order adopted under the Act is subject to a civil penalty of not less than $50 or more than $1,000 for each act of violation.

(b) If it appears that a person has violated, is violating, or is threatening to violate the Act or a rule or order adopted under the Act, the department may bring a civil action in a district court for injunctive relief, a civil penalty, or both.

(c) The district court, upon finding that the person is violating the Act, or a rule or order adopted under the Act, shall grant injunctive relief, assess a civil penalty, or both, as warranted by the facts.

(d) The department may petition a district court for a temporary restraining order to immediately halt a violation or other action creating an emergency condition if it appears that a person is:

         (1) violating or threatening to violate the Act or a rule or order adopted under the Act; or

         (2) taking any other action that creates an emergency condition that constitutes an imminent danger to the health, safety, or welfare of campers, staff or visitors at a youth camp.

(e) An action under this section may be brought in the county in which the defendant resides or in which the violation or threat of violation occurs.

(f) If an action for injunctive relief under this section is granted by the court, the court may grant any prohibitory or mandatory injunction warranted by the facts, including temporary restraining orders, temporary injunctions, and permanent injunctions. The court shall grant injunctive relief without a bond or other undertaking by the department.

(g) An appellate court shall give precedence to an action brought under this section over other cases of a different nature on the docket of the court.

Source Note: The provisions of this 265.26 adopted to be effective April 16, 2006, 31 TexReg 3049

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