By Barrientos                                    S.B. No. 914

      75R2028 BEM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring that certain videos be captioned for viewing

 1-3     by persons who are deaf or hard of hearing; providing a penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter D, Chapter 35, Business & Commerce

 1-6     Code, is amended by adding Section 35.55 to read as follows:

 1-7           Sec. 35.55.  CAPTIONING VIDEOS FOR PERSONS WHO ARE DEAF OR

 1-8     HARD OF HEARING.  (a)  This section applies only to a video of

 1-9     which 2,500 or more copies are produced for commercial rental or

1-10     retail sale.

1-11           (b)  A person may not distribute, sell, rent, or attempt to

1-12     distribute, sell, or rent a video in this state unless the video is

1-13     either open-captioned or closed-captioned for viewing by a person

1-14     who is deaf or hard of hearing.

1-15           (c)  A person who violates this section commits an offense.

1-16     An offense under this section is a misdemeanor punishable by fine

1-17     only not to exceed $100 for each violation.

1-18           (d)  In this section:

1-19                 (1)  "Deaf" has the meaning assigned by Section 81.001,

1-20     Human Resources Code.

1-21                 (2)  "Hard of hearing" has the meaning assigned by

1-22     Section 81.001, Human Resources Code.

1-23                 (3)  "Video" means a videocassette, video tape, or

1-24     optical laser disc.

 2-1           SECTION 2.  This Act takes effect January 1, 1998, but

 2-2     applies only to a video, as defined by Section 35.55, Business &

 2-3     Commerce Code, as added by this Act, released or rereleased for

 2-4     distribution on or after that date.

 2-5           SECTION 3.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.