Posts by: 1newddewd
Texas Nudists and Resorts arrow Understanding Nudity Laws in Texas

1newddewd

Posted: Apr 15, 2010

hmmmmmm...never even thought about that...it's something to take under consideration next time i go to the beach, then. i guess that's the price we pay for giving up our rights to our own bodies?
Texas Nudists and Resorts arrow Understanding Nudity Laws in Texas

1newddewd

Posted: Apr 9, 2010

the following is copied directly from the Texas Penal code and I include it here to further murk up the water, or maybe even clear it some? :
Penal Code Title 9, Section 42.01 Disorderly conduct: public nudity.

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

...

(12) 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)(9) or (a)(10), in which event it is a Class B misdemeanor.

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.

____________________

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.

_________________________________________________

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




I also included thew ordinances pertaining to youth camps and State parks...as you can see by the actual law as written, simply being nude isn't an offense in most instances, as the law states that the person appearing nude is doing so in a reckless manner to offend and\or arouse another...the original intent here was to 'protect' people using public restrooms, showers, etc. from prosecution under these laws, but the actual reason for it being written that way is simply because it's not plausible to deem human beings as naturally offensive or obscene.
Note further that the wording of the law is gender-specific in almost every aspect, so is the female actually exempted from most occurences of nudity under these laws?
My personal opinion is that all of these laws can probably be beaten in court by simply challenging the arresting officer to prove your intent, that you WERE trying to arouse, offend, or sexually gratify another as required under the law. Probably the best question to pose the officer before the judge would be something to the affect of: 'when did you read my mind and why, where did you learn to read minds and what are your legal qualifications for doing so, why did you read my mind as i wasn't erect, acting in a lewd or suggestive manner, etc., and, finally, since you decided it to be your duty to invade the privacy of my head at that time, what exactly was I thinking?' Once a response to a question of that nature is given by the peace officer, I'd then have to ask him to prove beyond ALL doubt that those WERE my thoughts and intentions, and that they WERE indeed the only ones in my head at the time. I'd then ask for a dismissal based on no conclusive or scientific evidence or credible testimony from the arresting officer.

As for the question about going through as drive-up window in your own vehicle nude, there isn't anything clear other than it definitely WOULD be a violation if the owner of the private property where the business is has posted signage and\or made it otherwise publicly known that nudity isn't allowed at the establishment. The reason this becomes an offense has nothing to do with nudity but solely on the fact that we are a respecter of the right to private property and, therefore, are required to respect the property holder's wishes. So, presumably, you could be charged with criminal trespass for dis-obeying the owner's wishes. You most likely need to ask a Texas lawyer about this to be sure, or look up those ordinances yourself.

One thing I do know about this law is that, when I lived in Texas in the late 70's, I was charged by a Richardson cop for being 'publicly nude'. I was. But the circumstances were that a fire alarm went off in the apartment building I was sleeping in at the time, and I sleep nude, my first thoughts weren't about covering my 'anus or genitals', they were of getting my wife and daughters out of the building safely. That case was dismissed because of the circumstances.
Another thing about the wording: Notice that the Penal Code clearly states 'expose'...I had this recently at a convenience store off I-10 at Winnie, TX, when I was wearing my see-through swim trunks. There was a sheriff in the store that wanted to charge me for 'exposing' myself in the store. I explained to him, successfully, that I WASN'T exposed, nor was I exposing myself, everytthing that is required to be covered under the TX law was covered, it was just visible if you chose to look. He said he should still cite me for it, as my 'intent' was to break the law. I told him my 'intent' was to go on down to the beach and 'tan-through' the suit, and that my intent wasn't really his business, anyway. His response to that was that I shouldn't get smart with the law, i responded i wasn't, i was merely stating the obvious fact that since we were complete strangers, and mind-reading still isn't a court-accepted, legally-accepted practice, that he couldn't possibly know my intent. I further pointed out to him that none of the customers nor the girl at the register seemed to mind about my attire, that he was the only one with the beef about it...and, since the convenience store is on private property, he was the only one making an issue, he'd need a complaint from an employee or the owner to proceed with the citation anyway.
So, now everyone is probably more confused than ever, right?
Texas Nudists and Resorts arrow How About a Texas Meet-Up?

1newddewd

Posted: Jan 27, 2010

i'm currently working on my vacation schedule for this year, the only plans i have so far are both in texas...the aanr-sw convention at Armadillo, and probably the 2nd skinny-dip, most likely at Emerald Lake....so, keep posting up dates and times, maybe i can work something in...i plan my vacation time as always nude anyway:-)
Texas Nudists and Resorts arrow Lone Star Resort?

1newddewd

Posted: Aug 23, 2008

now i'm responding to my own post! the website does say they accept dogs, but their e-mail response to me stated they would prefer him not and therefore leave him home....so, i am making arrangements to try Wildwood instead, longer drive, but hopefully, worth it. this is the 2nd club i've tried that says on the website that they will take dogs but has then responded to me that they would not...wouldn't it be so much easier if they truthfully stated their policy on pets up front? hmmmm.....maybe they are preparing to run for public office...
Texas Nudists and Resorts arrow Lone Star Resort?

1newddewd

Posted: Aug 22, 2008

anyone here been to this resort? I'm trying to make arrangements to try it over labor day weekend but haven't gotten a response back from them yet. what i really need to know is if they accept dogs (yes, i probably qualify for that description, also! LOL) as i prefer to bring him with me for my newd times but there is no mention on their website about pets....can anyone advise me on this?
Texas Nudists and Resorts arrow To shave or not to shave

1newddewd

Posted: Aug 21, 2008

obviously, by my photos, i do not shave. nor do i plan to. as the Bible references our pubic hair as a contrast to draw attention to the parts of the body that they grow around, i guess i feel that if God wanted me smooth, He would've made me that way...of course, on the other hand, since i'm also too lazy to shave my face it ought to be apparent that i'm not going to take on the additional maintenance of shaving my pubes:-)...i guess, really, it's for each individual to decide, and that's what makes us interesting as individuals...and, i didn't know that i was supposed to expect women to be shaved or that they preferred me that way, first time i heard that...in my case, i don't really have enough pubic hair to make much difference either way, so it's just my personal preference not to bother with going smooth...in the end, after all, i only need please myself...can't please anyone else until i accomplish that, right?