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.