By Jones of Dallas, Allen                              H.B. No. 884
       74R1995 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to harmful performance in the presence of a minor;
    1-3  providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 43, Penal Code, is amended
    1-6  by adding Section 43.241 to read as follows:
    1-7        Sec. 43.241.  HARMFUL PERFORMANCE IN PRESENCE OF MINOR.  (a)
    1-8  In this section:
    1-9              (1)  "Minor" has the meaning assigned by Section 43.24.
   1-10              (2)  "Harmful performance" means a performance whose
   1-11  dominant theme taken as a whole:
   1-12                    (A)  appeals to the prurient interest of a minor,
   1-13  in sex, nudity, or excretion;
   1-14                    (B)  is patently offensive to prevailing
   1-15  standards in the adult community as a whole with respect to what is
   1-16  suitable for minors; and
   1-17                    (C)  is utterly without redeeming social value
   1-18  for minors.
   1-19              (3)  "Performance" has the meaning assigned by Section
   1-20  43.25.
   1-21              (4)  "Produce" means conduct that directly contributes
   1-22  to the creation or presentation of the harmful performance.
   1-23        (b)  A person commits an offense if, knowing that the
   1-24  performance is harmful:
    2-1              (1)  and knowing a person is a minor, the actor
    2-2  participates in or produces the harmful performance for exhibition
    2-3  to a minor;
    2-4              (2)  the actor participates in or produces the harmful
    2-5  performance and is reckless about whether a minor is present who
    2-6  will be offended or alarmed by the performance; or
    2-7              (3)  the actor hires, employs, or uses a minor to do or
    2-8  accomplish or assist in doing or accomplishing an act prohibited by
    2-9  Subsection (b)(1) or (b)(2).
   2-10        (c)  It is a defense to prosecution that:
   2-11              (1)  the exhibition was by a person having scientific,
   2-12  educational, governmental, or other similar justification; or
   2-13              (2)  the exhibition was to a minor who was accompanied
   2-14  by a consenting parent, guardian, or spouse.
   2-15        (d)  An offense under this section is a Class A misdemeanor
   2-16  unless it is committed under Subsection (b)(3) in which event it is
   2-17  a felony of the third degree.
   2-18        SECTION 2.  This Act takes effect September 1, 1995.
   2-19        SECTION 3.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.