By Thompson of Harris H.B. No. 1648
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons who are authorized to sell marital aids and
1-3 other devices designed to promote safe sexual practices.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.23 of the Penal Code is amended to
1-6 read as follows:
1-7 (a) A person commits an offense if, knowing its content and
1-8 character, <he> the person wholesale promotes or possesses with
1-9 intent to wholesale promote any obscene material or obscene
1-10 (b) An offense under Subsection (a) of this section is a
1-11 felony of the third degree.
1-12 (c) A person commits an offense if, knowing its content and
1-13 character, <he> the person:
1-14 (1) promotes or possesses with intent to promote any
1-15 obscene material or obscene device; or
1-16 (2) produces, presents, or directs an obscene
1-17 performance or participates in a portion thereof that is obscene or
1-18 that contributes to its obscenity.
1-19 (d) An offense under Subsection (c) of this section is a
1-20 Class A misdemeanor.
1-21 (e) A person who promotes or wholesale promotes obscene
1-22 material or an obscene device or possesses the same with intent to
1-23 promote or wholesale promote it in the course of his business is
2-1 presumed to do so with knowledge of its content and character.
2-2 (f) <A person who possesses six or more obscene articles is
2-3 presumed to possess them with intent to promote the same.> It
2-4 shall be lawful for a person who is licensed by the Texas State
2-5 Board of Medical Examiners, the Texas Examiners of Psychologists,
2-6 the Texas State Board of Pharmacy, the Board of Physical Therapy
2-7 Examiners, or certified as sex therapist, sex educator or counselor
2-8 in sexuality by the American Association of Sex Educators,
2-9 Counselors and Therapists to sell, prescribe and stock marital aids
2-10 and other sexual devices which might otherwise be defined as
2-11 obscene under this section. Possession of marital aids and other
2-12 sexual devices by a person who is engaged in the teaching of safe
2-13 sexual practices for a recognized nonprofit educational
2-14 organization shall not give rise to any presumption of intent to
2-15 promote or wholesale promote obscene devices under this section.
2-16 (g) This section does not apply to a person who possesses or
2-17 distributes obscene material or obscene devices or participates in
2-18 conduct otherwise prescribed by this section when the possession,
2-19 participation, or conduct occurs in the course of law enforcement
2-20 activities.
2-21 SECTION 2. This Act takes effect September 1, 1993.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.