Sec. 145.0096.  CERTAIN ADVERTISING PROHIBITED.  (a)  This section applies only to a business that:
(1)  is operated under a license or permit as a sexually oriented business issued in accordance with Section 243.007, Local Government Code; or
(2)  offers, as its primary business, a service or the sale, rental, or exhibition of a device or other item that is intended to provide sexual stimulation or sexual gratification to a customer.
(a-1)  A business to which this section applies may not use the word "tan" or "tanning" in a sign or any other form of advertising.
(b)  A person commits an offense if the person violates Subsection (a-1).  Except as provided by Subsection (c), an offense under this subsection is a Class C misdemeanor.
(c)  If it is shown on the trial of an offense under Subsection (b) that the person has previously been convicted of an offense under that subsection, the offense is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 684, Sec. 7, eff. June 15, 1995.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.014, eff. September 1, 2015.