(a) Whenever a person does an act that is forbidden, fails to perform an act that is required, or commits an act that is made an offense by any provision of this chapter, the violation is punishable as provided by Section 243.010(b) of the Texas Local Government Code, as amended. A person violating a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted.
(b) Except where otherwise specified, a culpable mental state is not required for the commission of an offense under this chapter.
(1) by a proprietary school licensed by the state of Texas; a college, junior college, or university supported entirely or partly by taxation;
(2) by a private college or university that maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or
(3) in a structure:
(A) that has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(B) where in order to participate in a class a student must enroll at least three days in advance of the class; and
(C) where no more than one nude model is on the premises at any one time.
(d) It is a defense to prosecution under Section 41A-4(a) or Section 41A-13 that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. (Ord. Nos. 19196; 19963; 20552; 24440; 24699)