By:  Edwards                                          H.B. No. 1201
       73R5179 DRH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of sale, distribution, or exhibition of
    1-3  lyrics harmful to minors and a requirement that certain recordings
    1-4  be labeled as containing explicit lyrics; providing a penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter B, Chapter 43, Penal Code, is amended
    1-7  by adding Section 43.27 to read as follows:
    1-8        Sec. 43.27.  SALE, DISTRIBUTION, OR EXHIBITION OF LYRICS
    1-9  HARMFUL TO MINORS.  (a)  A person commits an offense if the person
   1-10  knowingly or intentionally:
   1-11              (1)  sells or distributes a phonograph record, album,
   1-12  audio cassette, compact disc, or other audio recording containing
   1-13  harmful lyrics to an unmarried person under the age of 17; or
   1-14              (2)  exhibits materials containing harmful lyrics at a
   1-15  commercial establishment open to persons under the age of 17.
   1-16        (b)  An offense under this section is a Class B misdemeanor.
   1-17        (c)  In this section, "harmful lyrics" means a composition
   1-18  that has as its basic theme the advocation of sexual assault,
   1-19  incest, bestiality, sadomasochism, prostitution, homicide, sexual
   1-20  intercourse, unlawful ritualistic acts, suicide, the use of a
   1-21  controlled substance, the illegal use of alcohol, or the commission
   1-22  of a crime against a person or property because of a person's sex,
   1-23  race, ethnic origin, religion, or national origin.
   1-24        (d)  It is a defense to prosecution under this section that
    2-1  the conduct involved a broadcast activity of a radio or television
    2-2  station licensed by the Federal Communications Commission.
    2-3        SECTION 2.  Title 132, Revised Statutes, is amended by adding
    2-4  Article 9028 to read as follows:
    2-5        Art. 9028.  LABELED RECORDINGS
    2-6        Sec. 1.  In this article:
    2-7              (1)  "Harmful lyric" has the meaning assigned by
    2-8  Section 43.27(c), Penal Code.
    2-9              (2)  "Person" means a producer, manufacturer, or
   2-10  distributor of a recording, but not a retailer selling directly to
   2-11  the consumer.
   2-12              (3)  "Recording" means any phonograph record, album,
   2-13  audio cassette, compact disc, or other audio recording.
   2-14        Sec. 2.  (a)  A person may not sell or offer for sale a
   2-15  recording containing harmful lyrics unless the cover contains a
   2-16  parental warning label.
   2-17        (b)  The label required by this section must be placed on the
   2-18  cover of the recording beneath any wrapping that is intended to be
   2-19  removed by the consumer before use.
   2-20        (c)  The label must contain the following warning:  "EXPLICIT
   2-21  LYRICS--PARENTAL ADVISORY."  The warning shall be printed in black
   2-22  letters in 12-point typeface or larger.
   2-23        Sec. 3.  (a)  A person who violates this article is liable to
   2-24  the state for a civil penalty of $3,000 for each recording sold
   2-25  without a label.
   2-26        (b)  The district attorney may enforce the civil penalties in
   2-27  the district court in the county in which the recording was sold,
    3-1  was offered for sale, or entered the state.
    3-2        (c)  In addition to the civil penalties provided by this
    3-3  section, the district attorney may seek injunctive relief against a
    3-4  person subject to this article to prevent future violations.
    3-5        (d)  Civil penalties collected under this article shall be
    3-6  deposited in the general revenue fund of the county treasury.
    3-7        SECTION 3.  This Act takes effect January 1, 1994.
    3-8        SECTION 4.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.