Bill Text: TX HB1549 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to restrictions on the sale of obscene devices; providing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-12-09 - Filed [HB1549 Detail]
Download: Texas-2025-HB1549-Introduced.html
| By: Hickland | H.B. No. 1549 | |
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| relating to restrictions on the sale of obscene devices; providing | ||
| a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 6, Business & Commerce Code, is amended by | ||
| adding Chapter 205 to read as follows: | ||
| CHAPTER 205. RESTRICTION ON THE SALE OF OBSCENE DEVICES | ||
| Sec. 205.001. DEFINITIONS. In this chapter: | ||
| (1) "Obscene device" has the meaning assigned by | ||
| Section 43.21, Penal Code. | ||
| (2) "Sexually oriented business" has the meaning | ||
| assigned by Section 243.002, Local Government Code. | ||
| Sec. 205.002. SALE OF OBSCENE DEVICES RESTRICTED. A | ||
| business in this state may not sell, offer for sale, or hold for | ||
| sale an obscene device, unless the business is a sexually oriented | ||
| business operating in accordance with Chapter 102. | ||
| Sec. 205.003. ENFORCEMENT; INJUNCTION AND CIVIL PENALTY. | ||
| (a) A county or district attorney who believes that a business | ||
| located in that county or district attorney's jurisdiction has | ||
| violated or is violating Section 205.002 may bring an action in a | ||
| district court of the county to enjoin the business from violating | ||
| that section. | ||
| (b) In addition to seeking an injunction under Subsection | ||
| (a), the county or district attorney may request and the court may | ||
| order any other relief that may be in the public interest, | ||
| including: | ||
| (1) the imposition of a civil penalty in an amount not | ||
| to exceed $5,000 for each violation of Section 205.002; and | ||
| (2) an order requiring reimbursement to the county or | ||
| district for the reasonable value of investigating and prosecuting | ||
| a violation of Section 205.002. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2025. | ||
