NAC Advisory - Success in Texas!
ANM Mod
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NATURIST ACTION COMMITTEE
ADVISORY
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http://www.naturistaction.org
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Copyright 2009 by the Naturist Action Committee, which is responsible
for its content. Permission is granted for the posting, forwarding or
redistribution of this message, provided that it is reproduced in its
entirety and without alteration.
DATE : July 9, 2009
SUBJECT: Success in Texas! Dangerous legislation modified, derailed
TO : All naturists
Dear Naturist:
The Naturist Action Committee (NAC) announces significant successes in
the Texas legislature.
Working behind the scenes with a professional legislative lobbyist,
NAC has been instrumental in derailing four Texas legislative measures
that threatened the interests of naturists. NAC quietly offered
substitute language for two of the bills and then worked to see that
the bills were not adopted.
None of the four bills was passed into law.
SUMMARIES OF THE LEGISLATIVE BILLS:
House Bill 123 - Sponsor: Rep. Jim Jackson (R-Carrollton) - This
legislation would have added "employment harmful to children" to the
state's list of "common nuisances." Although the proposed new law was
touted as "an additional tool to prevent children from being employed
in sexually oriented businesses," it would have applied more generally
to "the employment, authorization, or inducement of a child to work in
a place of business permitting, requesting, or requiring a child to
work nude or topless." Certain restrictions already apply in such
instances. However, a naturist or nudist resort that might consider
providing part time work (like sweeping the clubhouse or mowing the
grass) for the nude sons and daughters of members, could additionally
find itself at risk of being declared a nuisance.
Senate Bill 1307 - Sponsor: Sen. John Carona (R-Dallas) - Senate
companion to HB 123 - Essentially identical in language and intent,
this measure would also have added "employment harmful to children" to
the state's list of "common nuisances."
House Bill 124 - Sponsor: Rep. Jim Jackson (R-Carrollton) - This bill
sought to escalate to felony status the penalty for second or
subsequent convictions for "employment harmful to children."
Regardless of the intent, the proposed law would have increased the
threat to naturist or nudist resorts.
House Bill 736 - Sponsor: Rep. Chente Quintanilla (D-El Paso) - Texas
counties do not have general ordinance-making power, and the ability
of counties to make regulations is limited. As introduced, HB 736
proposed to grant counties the authorization to adopt and enforce
regulations having to do with nuisances and disorderly conduct. Each
of the 254 counties in the state would have been allowed to create its
own regulations.
BRIEF DISCUSSION:
Nuisance: Notwithstanding the existing state law addressing
"employment harmful to children," naturist and nudist resorts do not
wish to be characterized additionally as nuisances. From New York and
Tennessee to Colorado and Oregon, laws dealing with the issue of
"nuisance" have been at the center of various attempts to shut down
naturist venues and activities. The Naturist Action Committee has
consistently and successfully opposed the creation of laws that sought
to declare nudity to be a nuisance (e.g., Tennessee 1998 HB 3203,
Kansas 2000 HB 2726, Michigan 2000 SB 1293 et al.).
Disorderly Conduct: The state's existing disorderly conduct law
includes the section that's most frequently used to charge individuals
for simple public nudity. The state law requires "recklessness" as an
element for conviction, but county regulations, if allowed, would not
necessarily follow identically.
WHAT HAS NAC BEEN DOING ABOUT THIS LEGISLATION?
It was clear that this potentially damaging legislation had a chance
of passage this session. The Naturist Action Committee took action
quickly, hiring a professional legislative lobbyist and offering
alternate language for HB 123 and SB 1307, which were companion bills.
Substitute language for HB 123 was endorsed by the legislative
committee to which it had been assigned, but it was not language that
was acceptable to NAC. Consequently, NAC turned its effort to seeing
that none of the bills would pass into law.
OUTCOME:
None of the four bills passed into law.
HB 123 was reported favorably from the Judiciary and Civil
Jurisprudence Committee after having been substituted, but the bill
did not receive a floor vote in the House.
SB 1307 never made it out of committee.
HB 124 was passed by the House and was assigned to a Senate committee,
but was not considered in the Senate. HB 736 was reported favorably
from the House County Affairs Committee. A committee substitute
changed the bill so that it would apply only to counties that have a
population of 650,000 or more and are located within 100 miles of an
international border. In Texas, that description fits only El Paso
County, home of the bill's original sponsor. Regardless, the
legislation did not make it to a vote on the floor of the House.
These are favorable and important outcomes for naturists, and
especially for naturist and nudist resorts, camps and parks in the
state of Texas.
ACKNOWLEDGEMENT AND THANKS:
Throughout this entire effort, NAC has had the cooperation of
AANR-Southwest, a regional division of the American Association for
Nude Recreation. NAC thanks AANR-SW!
WHAT IS NAC ASKING YOU TO DO?
This is an Advisory and an announcement of a specific success. The
Naturist Action Committee is NOT asking you to take action at this
time. The threats from HB 123, HB 124, HB 736 and SB 1307 have been
disarmed. Please watch for NAC Action Alerts, Advisories and Updates
on other topics of vital interest to naturists.
MORE INFORMATION:
You can access additional information on the Web site of the Naturist
Action Committee.
Select "Alerts, Advisories and Updates." Under Current Advisories,
you'll find the text of this NAC Advisory. The web version includes
links to the texts of the various bills
PLEASE HELP NAC HELP NATURISTS:
As the nonprofit volunteer political adjunct to The Naturist Society,
the Naturist Action Committee is an important first line of defense
against threats to naturists and their interests. Many times, NAC
identifies and deals with frightening legislation that others simply
miss.
NAC stands up for private naturist and nudist resorts, parks and
camps, just as it champions the clothing-optional use of public lands.
Both are important, and for both responsibilities, NAC relies entirely
on your voluntary support. Hiring lobbyists to defend the rights and
interests of naturists is expensive. Please donate generously with a
check to:
NAC
PO Box 132
Oshkosh, WI 54903
Or use your credit card to make a direct donation online through NAC's
Web site: http://www.naturistaction.org/donate/
Thank you once again for choosing to make a difference!
Naturally,
Bob Morton
Executive Director
Naturist Action Committee
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Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton - exe...@naturistaction.org
Online Rep. Dennis Kirkpatrick - natu...@sunclad.com
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