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.